Free Motion to Amend/Correct/Modify - District Court of Colorado - Colorado

Case 1:03-cv-02355-RPM

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 03-cv-2355-RPM LEONID DMITRUK, Administrator of the Estate of Alexander Bugaychuk, deceased, and YELENA BUGAYCHUK, an individual, and NATALIA MELNIK, an individual, and IRINA MOROZOV, personally and as administrator of the Estate of Yevgeniy Morozov, deceased, and as Guardian for SARA MOROZOV, a minor, and ELEANNA MOROZOV, a minor, Plaintiffs, v. GEORGE AND SONS' REPAIR SHOP, INC., a Colorado corporation, d.b.a. "George's Towing", GEORGE ROSLER, a resident of the State of Colorado, and JORGE LUIS LAGE, a resident of the State of Florida, and ANGEL EXPRESS, INC., a Florida corporation, Defendants. ______________________________________________________________________________ SECOND AMENDED COMPLAINT AND JURY DEMAND ______________________________________________________________________________ Plaintiffs, through their attorneys of record Washington Law Group and Komron Michael Allahyari, hereby disclose the following:

This is a personal injury and wrongful death action arising out of a fatal car accident that occurred on eastbound I-70 at exit 348 near Cedar Point, Colorado, on November 26, 2001.

JURISDICTION AND VENUE 1. Jurisdiction is proper pursuant to 28 U.S.C. sec. 1332 because the matter in controversy

exceeds the sum or value of $75,000, exclusive of interest and costs, and is between citizens of different States.

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2.

Venue is proper in the United States District Court because the fatal car accident that is the

subject of this action occurred in the State of Colorado.

PARTIES

3.

Leonid Dmitruk is the Administrator of the Estate of Alexander Bugaychuk, deceased, and

he is a permanent resident of the United States. He resides at 6922 Beverly Lane, Everett, Washington, 98203. He was born in the Ukraine and is domiciled in the State of Washington.

4.

Yelena Bugaychuk was the mother of Alexander Bugaychuk. She is a permanent resident of

the United States. She resides at 1337 Larch Street, Everett, Washington, 98201. She was born in the Ukraine and is domiciled in the State of Washington.

5.

Natalia Melnik was the sister of Alexander Bugaychuk. She is a permanent resident of the

United States. She resides at 17107 NE 80th Street in Redmond, Washington, 98052. She was born in the Ukraine and is domiciled in the State of Washington.

6.

Irina Morozov was the spouse of Yevgeniy Morozov, deceased, the administrator of his

Estate and Guardian for Sarah Morozov and Eleanna Morozov. She is a citizen of Latvia and is a permanent resident of the United States. She is domiciled in the State of Washington. She resides at 4006 South 158th Street, Tukwila, Washington. Sarah Morozov is the minor daughter Page -2-

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of Yevgeniy Morozov and resides at 4006 South 158th Street, Tukwila, Washington. She is a resident of Washington. Eleanna Morozov is the minor daughter of Yevgeniy Morozov and resides at 4006 South 158th Street, Tukwila, Washington. She is a resident of Washington.

7.

Defendant George and Son's Repair Shop, Inc., is a Colorado corporation incorporated on

May 21, 1992 and located at 199 Main Street, Limon, Colorado, 80128, doing business as "George's Towing".

8.

Defendant George Rosler is a resident of the State of Colorado residing at 463 ½ Avenue,

Limon, Colorado, 80828. Mr. Rosler was the driver of the tow truck involved in this accident, and at all times he was acting within the course and scope of his employment with Defendant George and Son's Repair Shop, Inc.

9.

Defendant Jorge Luis Lage is a resident of the State of Florida residing at 4715 West 88th

Avenue, Hileah, Florida 33012. Mr. Lage was the driver of the Angel Express Semi-truck and trailer involved in the accident, and at all times he was acting within the course and scope of his employment with Angel Express, Inc.

10.

Defendant Angel Express, Inc., is a Florida Corporation with its principal place of business

at 16225 Southwest 16th Street, Penbroke Pines, Florida.

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FIRST CLAIM FOR RELIEF (Negligence)

11.

At about 10:00 a.m. on November 26, 2001, Yevgeniy Morozov was driving a Budget

Rental truck eastbound near exit ramp 348 on Interstate 70 near Cedar Point, Colorado. Alexander Bugaychuk was a passenger in this vehicle.

12.

Interstate 70 is a four-lane interstate with two lanes of travel in each direction.

13.

Earlier that morning, a tow truck driven by George Rosler of George and Son's Repair

Shop, Inc., ("George's Tow Truck") towed the Angel Express semi-truck and trailer driven by Defendant Jorge Luis Lage.

14.

The George's Tow Truck and the Angel Express semi-truck and trailer were stopped in the

lane of travel for eastbound vehicles exiting Interstate 70, approximately 350 feet west of Exit 348. Defendants did not place adequate warnings to warn eastbound traffic that George's Tow Truck and the Angel Express semi-truck were in the eastbound lane of travel. George Rosler waited in George's Tow Truck, watching in his rear-view mirror while the Angel Express driver finished a cell phone call, instead of deploying warning triangles as soon as possible. George Rosler routinely fails to follow the legal duties imposed on him as a tow truck operator, despite his knowledge of such duties and the risk of his failures to other motorists.

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15.

Due to the lack of adequate warnings and the position of the vehicles on the road, Mr.

Morozov did not realize George's Tow Truck and the Angel Express semi-truck were stopped on the Interstate, and drove directly in to the rear of the Angel Express semi-truck.

16.

Mr. Morozov died instantly.

17.

Mr. Bugaychuk was critically injured and conscious. He was airlifted from the scene and

died approximately three weeks later at Swedish Medical Center as a direct result of his massive internal injuries.

18.

Defendants' conduct constitutes negligence.

19.

Defendants' negligence was the direct and proximate cause of the Plaintiffs' damages.

SECOND CLAIM FOR RELIEF (Negligence Per se)

20.

Plaintiffs incorporate all previous allegations herein by this reference. Defendants'

conduct was in violation of statutes and ordinances including, but not limited to, C.R.S. 42-4-230 and constitutes negligence per se.

21.

Such violations were the proximate and direct cause of the Plaintiffs' damages. Page -5-

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THIRD CLAIM FOR RELIEF (Exemplary Damages)

22.

Plaintiffs incorporate all previous allegations herein by this reference. Defendants' willful

and wanton conduct was committed in violation of statutes and ordinances entitling Plaintiffs to exemplary damages under CRS § 13-21-102.

23.

Defendants' willful and wanton conduct was purposefully committed with knowledge

that the conduct was dangerous, was done heedlessly and recklessly, without regard to consequences, or of the rights and safety of others, particularly the plaintiffs.

24.

Such violations were the proximate and direct cause of the Plaintiffs' damages.

WHEREFORE, Plaintiffs pray for judgment against Defendants in an amount sufficient to compensate Plaintiffs for their injuries, damages, and losses, for exemplary damages, interest, including pre-judgment interest, as provided by law, for their costs, expert witness fees, and such other and further relief as the Court deems appropriate.

JURY DEMAND

PLAINTIFFS HEREBY DEMAND TRIAL TO A JURY ON ALL ISSUES SO TRIABLE. Page -6-

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Dated this October 11, 2005.

Respectfully submitted,

/s_Komron Michael Allahyari____ Komron Michael Allahyari WASHINGTON LAW GROUP 1001 Fourth Avenue Plaza, 32nd Floor Seattle, WA 98154 (206) 423-1045 [email protected] ATTORNEYS FOR PLAINTIFFS

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