1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

PAGE 1 - COMPLAINT SEXUAL BATTERY

SCOTT UPHAM Attorney At Law

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH LORI FALE, ) Case No.: ) Plaintiff, ) PRAYER: $2,285,000 ) v. ) Or Laws 2012, ch. 48, sec.2; ) ORS 21.160(1)(d) NITIN KHANNA, ) ) COMPLAINT - SEXUAL BATTERY Defendant. ) ) JURY TRIAL REQUESTED ) ) Not Subject to Mandatory Arbitration Plaintiff alleges: FIRST CLAIM 1. At all material times defendant was and is a resident of Multnomah County, Oregon. 2. At all material times plaintiff was employed to do hair and makeup for the bride and other guests attending the wedding of defendant and Laura Rossi at the Allison Inn in Newberg, Oregon. 3. On and between September 21 and September 23, 2012, plaintiff and other wedding guests stayed at the Allison Inn while attending the wedding and related functions.

3906 S.W. Altadena Ave. Portland, OR 97239 Telephone: (503) 753-7329

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Plaintiff realleges all paragraphs above. Plaintiff realleges all paragraphs above.

4. On September 22, 2012, after a wedding function, plaintiff went to defendants room, looking for Josh Friedman, defendants male roommate. Plaintiff knocked on the door and the defendant answered. Plaintiff then asked to speak with Josh Friedman and defendant took her by the hand, led her into the room, and sat her on a bed. Then suddenly, defendant, through the use of physical force, compelled plaintiff to engage in vaginal intercourse without her consent and against her will. SECOND CLAIM 5.

6. Following the sexual attack on plaintiff in defendants room, defendant took plaintiff back to her room. Defendant then followed plaintiff into her room, threw her onto her bed, then, through the use of physical force, compelled plaintiff to engage in vaginal intercourse, anal intercourse, and oral sodomy without her consent and against her will. DAMAGES COMMON TO BOTH CLAIMS 7.

8. As a result of defendant's conduct as heretofore alleged plaintiff suffered vaginal pain, anal pain, depression, paranoia, and post-traumatic stress disorder. 9. As a result of defendants conduct as heretofore alleged plaintiff has incurred medical expenses of not less than $10,000, the exact amount to be determined prior to trial. ////// //////

PAGE 2 - COMPLAINT SEXUAL BATTERY

SCOTT UPHAM Attorney At Law

3906 S.W. Altadena Ave. Portland, OR 97239 Telephone: (503) 753-7329

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
PAGE 3 - COMPLAINT SEXUAL BATTERY

10. As a further result of defendants conduct as heretofore alleged plaintiff has lost past wages in an amount not less than $25,000, the exact amount to be determined prior to trial. 11. As a result of defendants conduct as heretofore alleged, plaintiff has suffered physical pain. She also suffers and will continue to suffer permanent emotional and psychological trauma, an inability to trust members of the opposite sex, an inability to have meaningful, lasting relationships with the opposite sex, loss of sleep, anger, humiliation, embarrassment, grief, and a depreciated sense of self-worth, all to her non-economic damages in the sum of $2,250,000. WHEREFORE, plaintiff prays for judgment as follows: 1. 2. 3. Economic damages in a sum to be determined according to proof; Non economic damages in the sum of $2,250,000. For costs and disbursements incurred in this action.

DATED this _____ day of January, 2014.

___________________________ D. Scott Upham, OSB#722705 Trial Attorney

3906 S.W. Altadena Ave. Portland, OR 97239 Telephone: (503) 753-7329

SCOTT UPHAM Attorney At Law