in the circuit court for the state of oregon for … · conditions in the common areas at the...
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IN THE CIRCUIT COURT FOR THE STATE OF OREGON
FOR MULTNOMAH COUNTY
MARK ALLISON ROBIN TOLBERT WESLEY APPLING JAMES MICHAEL STEPHEN ELLIOT MAURICE SMITH JOHN LONG Plaintiffs vs INCOME PROPERTY MANAGEMENT CORP. and DRENNAN PROPERTIES LLC and LEON DRENNAN and PAMELA DRENNAN and PENNIE NARVER Defendants
Case No. MASS ACTION COMPLAINT ORS 90 Negligence Jury Trial Requested Amount in Controversy: $4,500,000 Not Subject to Mandatory Arbitration Filing Fee Authority: ORS 21.160(1)(d)
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1.
INTRODUCTION
The plaintiffs in this mass action lawsuit are low-income tenants at the
Stewart Hotel in downtown Portland. The defendants are the landlords who were
responsible to maintain the Stewart Hotel in a habitable condition. Over the past
two years the unhabitable conditions at the Stewart Hotel included fire hazards,
defective doors, defective windows, defective and leaky ceilings, holes in walls,
cockroach infestations, lack of heat, persistent and potentially dangerous mold,
broken washers and dryers, debris in common areas, bed bugs, and inadequate
plumbing.
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2.
FACTUAL ALLEGATIONS
On at least on occasion over the past two years defendant Income Property
Management Corp. worked as plaintiffs’ landlord in conjunction with at least one
other defendant as either an owner, lessor or sublessor of the Stewart Hotel, or was
otherwise authorized by an owner, lessor or sublessor to maintain or collect rent or
otherwise manage the premises or assist in operations at Stewart Hotel, or had oral
or written authority, either express or implied, to act for or on behalf of a landlord
at Stewart Hotel.
3.
On at least on occasion over the past two years defendant Income Property
Management Corp., either solely or in conjunction with at least one other defendant,
was responsible to maintain Stewart Hotel in a habitable condition.
4.
On at least on occasion over the past two years defendant Drennan Properties
LLC worked as plaintiffs’ landlord in conjunction with at least one other defendant
as either an owner, lessor or sublessor of the Stewart Hotel, or was otherwise
authorized by an owner, lessor or sublessor to maintain or collect rent or otherwise
manage the premises or assist in operations at Stewart Hotel, or had oral or written
authority, either express or implied, to act for or on behalf of a landlord at Stewart
Hotel.
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5.
On at least on occasion over the past two years Drennan Properties LLC,
either solely or in conjunction with at least one other defendant, was responsible to
maintain Stewart Hotel in a habitable condition.
6.
On at least on occasion over the past two years defendant Leon Drennan
worked as plaintiffs’ landlord in conjunction with at least one other defendant as
either an owner, lessor or sublessor of the Stewart Hotel, or was otherwise
authorized by an owner, lessor or sublessor to maintain or collect rent or otherwise
manage the premises or assist in operations at Stewart Hotel, or had oral or written
authority, either express or implied, to act for or on behalf of a landlord at Stewart
Hotel.
7.
On at least on occasion over the past two years defendant Leon Drennan,
either solely or in conjunction with at least one other defendant, was responsible to
maintain Stewart Hotel in a habitable condition.
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8.
On at least on occasion over the past two years defendant Pamela Drennan
worked as plaintiffs’ landlord in conjunction with at least one other defendant as
either an owner, lessor or sublessor of the Stewart Hotel, or was otherwise
authorized by an owner, lessor or sublessor to maintain or collect rent or otherwise
manage the premises or assist in operations at Stewart Hotel, or had oral or written
authority, either express or implied, to act for or on behalf of a landlord at Stewart
Hotel.
9.
On at least on occasion over the past two years defendant Pamela Drennan,
either solely or in conjunction with at least one other defendant, was responsible to
maintain Stewart Hotel in a habitable condition.
10.
On at least on occasion over the past two years defendant Pennie Narver
worked as plaintiffs’ landlord in conjunction with at least one other defendant as
either an owner, lessor or sublessor of the Stewart Hotel, or was otherwise
authorized by an owner, lessor or sublessor to maintain or collect rent or otherwise
manage the premises or assist in operations at Stewart Hotel, or had oral or written
authority, either express or implied, to act for or on behalf of a landlord at Stewart
Hotel.
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11.
On at least on occasion over the past two years defendant Pennie Narver,
either solely or in conjunction with at least one other defendant, was responsible to
maintain Stewart Hotel in a habitable condition.
12.
For each month of the past two years, plaintiffs experienced unhabitable
conditions in the common areas at the Stewart Hotel included fire hazards, defective
doors, defective windows, defective and leaky ceilings, holes in walls, cockroach
infestations, lack of heat, persistent and potentially dangerous mold, broken
washers and dryers, debris in common areas, bed bugs, and inadequate plumbing.
13.
For each month of the past two years, the unhabitable conditions in plaintiff
John Long’s unit 309 included lack of heat, cockroach infestations, bed bugs,
persistent and potentially dangerous mold, and defective windows.
14.
For each month of the past two years, the unhabitable conditions in plaintiff
Maurice Smith’s unit 306 included lack of heat, bed bugs, cracked ceilings, persistent
and potentially dangerous mold, and defective windows.
15.
For each month of the past two years, the unhabitable conditions in plaintiff
Wesley Appling’s unit 205 included lack of heat, bed bugs, and a defective and leaky
ceiling.
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16.
For each month of the past two years, the unhabitable conditions in plaintiff
Steven Elliot and James Michael’s unit 211 included lack of heat, bed bugs,
cockroach infestations, a defective and leaky ceiling, and a defective sink.
17.
For each month of the past two years, unhabitable conditions in plaintiff Mark
Allison and Robin Tolbert’s unit 214 included lack of heat, persistent and potentially
dangerous mold, a broken sink, brownish blackish water, defective walls, and bed
bugs.
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18.
CAUSES OF ACTION
Claim One – ORS 90.320
As alleged in this complaint, defendants violated ORS 90.320, causing
plaintiffs diminution in rental value and personal injuries consistent with bites
caused by bed bugs. Defendants knew or should have known that the unhabitable
conditions at the Stewart Hotel constituted noncompliance with ORS 90.320 because
defendants or their agents inspected the units prior to and during plaintiffs’ tenancy
and because defendants received various notices of violations from the city inspector
and because plaintiffs repeatedly requested repairs to the various habitability issues
described in this complaint. Under ORS 90.360, ORS 90.255, and ORS 20.190,
plaintiffs are entitled to money judgment against defendants for fair compensation
in an amount to be determined by the jury to be reasonable but not to exceed $7,200
per plaintiff for diminution in rental value and not to exceed $635,657 per plaintiff
for personal injuries, for a final money judgment not to exceed $4,500,000, plus
reimbursed fees, costs, and disbursements. Plaintiffs reserve the right to amend this
complaint to adjust the request for compensation as well as to add additional
defendants and new claims, including a claim for punitive damages, as new
information is learned in discovery.
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19.
Claim Two – Negligence
As the plaintiffs’ landlords and property possessors and owners, defendants
had a duty to maintain the Stewart Hotel in a safe condition for the tenants that
lived there, including plaintiffs. Defendants’ legal duties also included giving
adequate warnings of any unreasonable risks of harm to plaintiffs and obviating any
unreasonably dangerous conditions at the Stewart Hotel. As landlords and property
owners, defendants also have specific legal duties proscribed by ORS 90 and the
Portland City Code. Given these special legal duties, defendants were negligent in
one or more of the following acts and omissions: as alleged in this complaint, over
the past two years plaintiffs experienced personal injuries consistent with bites
caused by bed bugs at the Stewart Hotel. Plaintiffs’ injuries, including both physical
injuries and severe emotional distress, resulting from the bed bug infestation and
bed bug bites, were substantially caused by, and a foreseeable result of, defendants’
failure to adequately warn plaintiffs about, to protect plaintiffs from, and to obviate
the unreasonable risks of harm and dangerous conditions presented by the bed bug
infestation at the Stewart Hotel. Defendants knew or should have known of the bed
bug infestation because defendants or their agents inspected the units prior to and
during plaintiffs’ tenancy and because defendants received various notices of
violations from the city inspector and because plaintiffs and other tenants requested
that defendants obviate the bed bug infestation. In addition to the bed bug
infestation described above, over the past two years plaintiffs experienced many
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other materially unhabitable, unsafe, and unreasonably dangerous conditions and
unreasonable risks of harm at the Stewart Hotel, including fire hazards, defective
doors, defective windows, defective and leaky ceilings, holes in walls, cockroach
infestations, lack of heat, persistent and potentially dangerous mold, broken
washers and dryers, debris in common areas, and inadequate plumbing. Defendants
knew or should have known of these unsafe unhabitable, unsafe, and unreasonably
dangerous conditions and unreasonable risks of harm because defendants or their
agents inspected the units prior to and during plaintiffs’ tenancy and because
defendants received various notices of violations from the city inspector and because
plaintiffs and other tenants requested that defendants make these repairs. As a
foreseeable result of defendants’ failure to maintain the Stewart Hotel in a safe and
habitable condition, their failure to adequately warn plaintiffs of, their failure to
protect plaintiffs from these unreasonable risks of harm, and their failure to
adequately obviate these unreasonably dangerous conditions, plaintiffs suffered
severe and persistent emotional distress. As a result of defendants’ negligence acts
and omissions set forth above, plaintiffs are entitled to money judgment against
defendants for fair compensation in an amount to be determined by the jury to be
reasonable but not to exceed $635,657 per plaintiff for physical injuries and
emotional distress, plus reimbursed fees, costs, and disbursements. Plaintiffs
reserve the right to amend this complaint to adjust the request for compensation as
well as to add additional defendants and new claims, including a claim for punitive
damages, as new information is learned in discovery.
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20.
REQUEST FOR A JURY TRIAL
Plaintiffs respectfully request a trial by jury.
21.
PRAYER FOR RELIEF
Plaintiffs respectfully request judgment against defendants as sought in this
complaint, maximum interest, and any other relief this Court may determine is fair
and proper.
February 11, 2020
RESPECTFULLY FILED, s/ Michael Fuller Michael Fuller, OSB No. 09357 Lead Trial Attorney for Plaintiffs OlsenDaines US Bancorp Tower 111 SW 5th Ave., Suite 3150 Portland, Oregon 97204 [email protected] Direct 503-222-2000
Kevin Mehrens, OSB No. 074589 Law Office of Kevin A Mehrens
[email protected] Kelly Jones, OSB No. 074217 The Law Office of Kelly D. Jones [email protected] Laura Donaldson, OSB No. 022930 Kuni Donaldson LLP [email protected]