IN THE SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTY
BRAEDEN SIMON, individually, Plaintiff, v.
KELLY HOLGUIN and SPOUSE DOE HOLGUIN, individually and the martial community composed thereof, Defendants
Plaintiff alleges:
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FIRST AMENDED COMPLAINT FOR DAMAGES
I. PARTIES
1.1 At all material times, Plaintiff Braeden Simon was a resident of Puyallup, Pierce County, Washington.
1.2 At all material times, Defendants Kelly Holguin and Spouse Doe Holguin were spouses residing in Puyallup, Pierce County, Washington, and all acts by said defendants or each of them, as alleged, were for the benefit of and on behalf of their marital community.
STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, #300| Seattle, WA
Tel: 206 448
II. JURISDICTION AND VENUE
2.1 The Superior Court of Pierce County, State of Washington, has subject matter jurisdiction over this action pursuant to RCW 2.08.010.
2.2 Venue is proper in Pierce County because the crash occurred Pierce County, Washington. RCW 4.12.020.
2.3 Defendants also reside in Pierce County.
III. FACTS
3.1 On February 27, 2020, at approximately 2:35 in the afternoon, Defendant Kelly Holguin was driving her 2013 Dodge Journey SUV northbound on 134th Avenue East in Puyallup, WA. 3.4
3.2 134th Avenue East is a four lane divided roadway with two lanes in each direction.
3.3 Defendant Holguin was travelling on the inside lane of 134th Avenue East as she approached the intersection of that roadway with 164th Street East.
3.4 Defendant Holguin decided to make a left turn onto 164th Street East.
3.5 At the same time Plaintiff Simon was traveling on his Yamaha motorcycle southbound on 134th Avenue East, heading in the direction towards Defendant Holguin.
3.6 Plaintiff Simon was properly and lawfully operating his vehicle.
3.7 Plaintiff Simon had the right of way to proceed straight through the intersection of 134th Avenue and 164th Street East.
3.8 The section of 134th Avenue East that the parties were travelling upon, is a flat, relatively straight road with no sight obstructions.
3.9 Suddenly and without warning, Defendant Holguin made a left turn directly into the path of Plaintiff Simon’s oncoming motorcycle, without yielding the right of way
STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, #300| Seattle, WA 98119 Tel: 206 448
3.10 Plaintiff Simon and Defendant Holguin’s vehicles crashed into each other.
3.11 Investigating officers created a diagram of the incident which is not to scale: 1
3.6 As a direct and proximate result of the negligent actions of Defendant Holguin, Braeden Simon suffered severe injuries, including broken bones in every limb and significant nerve damage. He spent seven weeks in acute care at Tacoma General Hospital and is still recovering from his injuries.
IV. NEGLIGENCE
4.1 Defendant Holguin failed to yield the right of way.
4.2 Defendant Holguin failed to travel at a speed that was safe under the circumstances.
4.3 Defendant Holguin failed to keep a proper lookout.
4.4 Defendant Holguin failed to obey posted traffic control signs and signals.
1 The police diagram incorrectly labeled north, which should be pointing in the opposite direction.
STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, #300| Seattle, WA 98119 Tel: 206 448
4.5 Defendant Holguin failed to operate a motor vehicle at the reasonable standard of care required for the operation of a motor vehicle in the State of Washington.
V. NO CONTRIBUTORY FAULT
5.1 Plaintiff was not at fault for causing or contributing to cause the collision.
5.2 No individual or entity other than Defendants caused or contributed to cause the collision.
5.3 Plaintiff is not at fault for failing to mitigate his injuries and damages sustained on and after the collision.
VI. DAMAGES
As a direct and proximate result of Defendant’s conduct, Plaintiff suffered and continues to suffer general damages for personal injuries, disability, disfigurement, emotional trauma, loss of enjoyment of life, and other general damages in amounts to be proven at the time of trial.
6.1
As a direct and proximate result of Defendant’s conduct, Plaintiff suffered and continues to suffer special damages including health care treatment past, present, and future, loss of earning capacity and lost wages in amount to be proven at the time of trial.
6.2
6.3 As a direct and proximate result of Defendant’s conduct, Plaintiff suffered property damage and other financial losses, in amounts to be proven at the time of trial.
VII. PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendants as follows:
A. For special damages in an amount to be proven at the time of trial;
B. For general damages in an amount to be proven at the time of trial;
C. For costs and disbursements herein;
KESSLER KOEHLER MOORE 3600 15th Ave W, #300| Seattle, WA 98119 Tel: 206 448
D. For pre and post judgment interest as allowed by law;
E. For attorney’s fees; and
F. For such other and further relief as this Court deems just and equitable.
DATED this 7th day of October, 2020
STRITMATTER KESSLER KOEHLER MOORE
/s/ KAREN KOEHLER
Karen Koehler, WSBA# 15325
Andrew N. Ackley, WSBA #41752
Counsel for Plaintiff
STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, #300| Seattle, WA 98119 Tel: 206 448 1777