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NO“82. IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF PIERCE KANG, KYOUNG-SEN, an indivicual, in hher capacity 95 GUARDIAN AD LITEM No. | for two minor hays CHAE, JONG-HYUN fang AN, SEONG-JUN* F Plaintfis, COMPLAINT FOR PERSONAL vs INGURIES AND DAMAGES #91 300 TOUR & TRAVEL LTD., 2 Betis Columbia, Canada corporation fener, 56 COME NOW te Plsintits, By anc through their atiomeys Chaves Hermann fend ohn Scholieof the MERRMANN SCHOLBE lave frm, and ellege 98 ews: i 1. NATURE OF ACTION ty ms, Kang, Kyoung-Sen. ae Guardian At Lin [11 This complain’ is brous horcinafter referred to as "Ms. Kang") on behalf of the two minor plaints ~ 16. year-old Chae, Jong-Hyun and 1S-yenr-ald An, Seorg-Jun {hereinafter veferred to {olny 26 “boys") for personal injuries ane! damages they suffered In a motor vehicle aeldent that oscurred in Umatilla County, Gragon er: Beember 30, 2012, wile the I aoys were secupying a commercial tour bus owned by Oefendant Mi Jeo Tour a Travel itd. (nerenatter eeferrod to 2s "Mi Joo Tour"). + aacarding 9 Kerann eustor all Korean worven celaln thelr maiden fomi'y nemes. Frurches, Korean rational sponte and write thar famuly earnest ane thon thelr ghen ames. By simply -racrtiny 1 comma aller Cie fanily name as Americans ould Siphebeticaly az in a gnctra vouk, Une name male cowge i horh langcages. Uniess the Gourl rules othervise, alts wll ufilza this methed consisterth i 1 eneasann ScHOOR Lavy Fens 825 Tacoma ave Sauth “Tacamay WA 28402 Phones 288.627.8242 axe 255.627.1835 CComPLAKNT Fos Pensowat ITvnURtES & Daaaes FY TI PARTIES 2 [2.2 Ms. Kang s serving as the Guardian Ad Litern herein ot the chest of the boys! natural parents who reside in the Republic of Korea, The vs currently, and at all times material Keroto, reside in Ms, Kang’s home. She isa permantné resident of the| United States and ts in all ways competent to serve as Guardian Ad! Litera for the 4 5 5 | benefit ofthe tao minor plaintitt boys 7, |2.2 Goth bors are eltzone of the Republic of Kores and are prenent in the LSA| 2 | attending high schoo! as exchange stucents on FL visas. 8 2.9 Mico Tour isa aritish Columbia, Canace corporation. 10 TIL, JURISDICTION & VENUE 11 [3:1 Ms. Kang resides in Tacme, Perce County, siete of Washington. 12 |3.2. Both boys reside with ts. Kang in her Aeme, 12.29 Mi Joo Tour is registered with the U.S. Government Department of 14 [Transporation {DGT) under nummer 1608797 and has baen authorized to operate| 15 | for-hire passerger-carrying commercial motor vchiclss inorstste in the USA by te| 16 | Fexiarnl Motor Carioe Safety Administration (FMCSA) under # MCSOEO4S. 34 AL il mas material hereto, Mi Joo Tour has bean present and daing business| in the stave of Washington 19] 3.5 Mi J00 Tour lists the sate of Wassblngton as fs base state in fis Unitied Carrier 20 | Registration (UCA) ‘ith the U.S. Government, Furthor, according to documents an 21 | le whth the FACSA, Mi Joo Tour has designated Ms, Denkse Alto, ofthe Process Agent! 22 | campany, Inc, cated at 2601 W, Washington Avesc, Suite 1, Yauima, WA 98903, ederal Way, Washington where te 21 | defendant regulerly stops to pick ep passengor customers. 28 Htennsaned Seuocte LAW Fiat ovr.amnr ron Paeonae 1535 Tacoma Ave Sout noua 8 Damages “Tavorna, WA 98207 hurnet 293.627.8142 Foxe 253.627.1095 * 3.8 This Court has juradiotion over the parties and subject matter in this cause of action and venue is propar i Pierce County 4d Onan about Busembsr 21, 2032, Ms. Xang made reservations ever the phone, fat her residénce wth I Joa Tour £0 take both boys on a nine-day, alght-night: Ww. FACTS package tour beginning and ending In Federal Way, Washington while teuring western’ USA, Including various cities in the stalos of Washington, Oregon, Califormta, Nevada, Avizone, and Ida, 4.2. Tre twn boys boardad the defandant’s bus in the morning of the fallowlng day, + December 22, 2012, at the Puldo World Korean market in Federal Way, Washington. | he Itinerary was ag follows: Dav ate start tne a sa/2ayt2 | vancouver, 8.6 Meatard, OR | any2aie | naetord, 8 eg Seaosthny San Franclsco, CR sn/24ft2| vos nanos, ca -325/22| Anaheim CA nahi, Anahelm, RE to San Dego, CA 6 sofas | ana cA -z7fa2 | vos angeles, C4 Loe anges, Las egas SV thr Anica, | sys te ve 0 AT wo Geand Canyon, 22 s2i29/t2 | tes vegas mY fj bbe Aceldant et 227,189), OF 4.3. The bos wos driven by the Mi Zoo Tour's employee dilver Hwang, Hasnaskyu (hereinatr referred to as “ehiver Hwang". All erfermed within the scope of his employment and wer: done on tehaif of his| principal - Mi Jeo Tow Drtvor Ibwang oid a8 well as perforrned tour quide duties forall of his passengers including Unese ‘anys CCouPLAINT FoR PERSONAL Inzuntes & Damages his auts materlal hereto were all of the driving throughout the entire tris 3 Hanminann ScwoLee Laur First | 1535 Tecoma Ave South ‘Tacoma, #4 93602 Prenat 299.62/.0142 Tan: 259.927.1035 20 His on-duty time averayed appronimetely 12-14 hours a day, sometimes driving as{ much &6 10-22 hours on several day's when he drewe roughly SCO - 600 niles. . 44 On the seventh day of the tour, they spent naarly £4 hours travellng slightly Cover 600 miles raune trip from the Circus Circus tote! In Lag Vegas to Gran Canyon ations! Pars In Arizena, a sighl-see for approximately Lis hours at the vanvon, 14. On the eighta day of the tour, December 29, 2012, the bus departed the Circus Cleus Hotel in Las Wages, Nevada araund 10:00 a.m, and then proceeded ta rive snore than 12 hours, cavoring 632 miles fo where they stayed at the Red Lon Hotel in Boiee, idaho, ariving at approximately 10:20 pn, as bus departed the hotel in Boise at about 7:30 a.m, tewollng approximately 202] Cn the ninth end lastechedulee day of the tour, Qecember 30, 2012, the tour! mies ina Tittle aver three hours te the scone of the aezldest on a spor known as Eonigrant Hil or atso Cabbage Hil ip an area commonty referred to as Deadman Pass ose to mile marker 227 on Interstate B4 between ia Gtonde and Pendleton, regan. 4.7 “Tho tour bis passed thras reader hoard elgns warning of dangeraus conettions| anwead posted on I-24 starting Just past Ontario, Oregon as the hinhivey ascends over| {[tne Plo Mauntalns and then dew Uncir western sopes. 4.2 The madway is treacherous, so teacherous that the Oregon Department of| “ransportation had lesued an express manning 19 drivers to "Hospect the Hil” in which Fie urged drivers: tu exercise “extreme seution.’ Tt further warned that betvessn Ficetober and Aprile is common w confront fog, snow, and tack fee upon the roadway, The Oregon DOT note alsa sdvised Unat “posted somes are maxineins in qucd weather, Bed weather demands lover speci.” 4.9 Avthe tive of the accldent, nat only was th leur bus desceneing down long + and winding read, but the weather was freezing, There were patches of snow and fee upon the rmudhway and fog in places. Yer driver Hwang did nut adequately slow the 4 Hznenenne Soxocse LAM Fre ComPLatNT FOR PERSONAL 1525 Taco Ave South | inouness & Damaces ‘Tacoma, Wa SHA fi Phone: 253.627.8182 av: 283.827.1895 !|svhete they are currently rontinuing to treat with local physicians, bes 10 a sofe speed glven the hazardous conditions present. As a result, tn the aiity of mile marker 227 on 1-84, driver Hwang lost contiol of the tour bus 2s began ta slide erratically from side ta side, evantually colldlng with @ quordrail ard ther spinning 360 cegvees i best through the quardrall ard then carzen down a steep embarkment flnping over end-to-end ws it crashed dovn the near lif. 4.10 The two pita boys were sitting in the rear ef Dre dafendent’s bus. Choe was| sittag on the lef sida i the aecond-ta-last row while Ar sat ch the Hight side of the} ‘busin the last row : 4c.1 While Sow tus tas not urted with seat halts, nether of these pleintif ys they recovered! was ejected, Chav was knecked unconscious an An fairtech Wet consciousness, they avieke to a nightmarish scene of deed and woinded passengers, poople screaming and eying all arcund them, Some were planed In the bus, while} thers lay crying and yelling for help oth Inside the bus and sirevn in the snow outside, ‘The boys did wnat they enuld to assist cthers, and when help atrved they rrate thelr way back up to the highay, whose thoy were taken by ambulance to St Antheny llosptaln Pendleton, Oregon, 4.12 Roth bays were kept in the hospital treatment snd observation for the balance of the day and in the evaning wore released: fa the care ofthe Ked Cross, who in fur | secured 9 hotel room for then winere they stayed the oext ree days as they ! continues to receive treatment vt the hotel by local doctors, Finally, on January 2, | 2012, a volunteer drove them back to Hs, Kang's home ie Tacoma, Washington V. CAUSE OF ACTION FOR NEGLIGENCE : Sl Poth huys were paying passengers on board Mi Joo Tour's bis 5.2 Mi Joo Tour's bus was a for-nire Parsenger-Carrying Commercial Mocor Veticks] 8 defined in che Cade of Paderel Regulations found at 49 CLR. ec seq. As such, under the laws of the state af Washington, Mi loo Tour is a comman carrier 5 Heesutann Sewouee Law Frat 1535 Tecoma Ave South “Tacots, Wa 98402 one: 255.527 8142 Fax: 283.527.1835 CGoutp.aanr FoR PERSONAL nduares & Daaces §:3. As a common carrey, Mi 3oa Tow owed the boys the duty “ty exer tho! highest degree of care consistent with the practical operetion of fs type of! Leangportation and its business as a eamman cater.” Washington Pattern {uy} Instructions at: WPL 160.01 5.¢ Ailof the above described ects of Mi Jon Tour's diver Ewang were done within ‘he supe of his employment: 5.5 Mi Jeo: lour's driver Hwang was regligent in that during the srip he exeented ‘bie teximum Driving Time for Passerger-Comying vehities ao provided for in 49 CAR. obsey £.6 Dever [twang was further negligent by ignoring multiple wamings concerning dengeroms conuitons upon the roadway and falling to reduce tu @ safe speed the bus uuhile on a descendiog and winging hiahway Ircen with fog, snow end black ioe, He lost control ef the tour bus causing ‘tte crach through the quardail, where Ie fppes cenctover-end asi fell hurereds of feet down a near cif or the side of the readway, 5.7 Mi Joo Tour was ectively negligent in thatit knowingly caused o permitted driver Ihvang to violate the vequirernerts of the Maximum Criving Time for Passenger Canying Vehicles as provided ‘er in.49. CR. et seq, 5.8 Mi Joo Tour Is vicariously liable forthe arts of reyligence of &s employee dives| Huang as describe ebove, 5.9 Paints’ investigation Is engoing. Further discavery may very well reveal adltional acts of nacligence on the part of agents of this deferdont or establish tat | other, so Far unnamed acrsonss ar entities may also oe at fault in tals accident, Tacrafare, plaints reserve the right to amend this complaint accrrtingly VI. DAMAGES ! Jax Tho bove dasved neoigence on the art of the defendant and ts employee driver were the ealssa mn fact and proximate cause of Injury and damages suffered by he plein nays. i 6 Henautane Sexocne Last Fiat ‘Cover LAdi FoR PERSONAL, 1835 Tagomna Avo Sout? Anguares 8 DaNaces “roca, Wa 94402 Phones 288.627.8142 | Txt 253,607 1835 6.2 Both boys steve sstous general damages incdng, uk not fied to, phystal Inn, pain and sferhg, dfguerent, sd emotional traum, the Tull satura extant oF which wl be proven at he te of tal 5.3 Bith boys so sutered speci demages lung but ne ited to, costs off rredcalietrent, rescptens, ther medal supe, ard vansoratlon, the nae and start of whch wl be proven athe eof 54 The spect damages sufered by plait foys are ildsted nate and astirtahdble by computain, To He sient sald amounts remsin unped by’ 2 | detonur, soins ar ete to pregnant nares 8 the satiny rte on 10 | these amounts until pald. i ‘VII. PRAYER FOR RELIEF H 7. WHEREFORE, plaintiffs pray for judgment agelnst the defendant in suck: sur 13 |las wil fully and falty compensste plaintiffs for their Injuries, generai damages, and! 14 [special damages, Including prejudament interest, other damages to be proven at| 6 [sre and attorney fees, costs and disbursements herein, together with such other| 16 I relief as the Court ceems just and equitable in the premises. ra DATED this 6 day of Jonuary, 2013. 1a HERRMANN ScxOLEE i 3 :) i 20 n ‘ar, WSBA BOI7S Akcorney for Plaintiffs > es ul, SehoOfe in Scholbe, WBA ¥ 29425 24 forney for Plalnbits 26 27 28 1 ‘Menswani SeHocoe Law Frast ‘COMPLAINT FOR PERSONAL 1835 Tacoma Ave South TNWUREES & DaMAcEs “Tacoma, WA 36402 Phone: 253.627.5142 Fax: 253.627.1835