Rotvon, Step, Sn ee wating fom NV 90, (rs 3093181 Caw aneen u 12 13 14 15 16 7 18 19 20 21 22 23 24 25 a7 FILED Electronical cvisoza1 2019-11-14 11:08:17 AM $1425 Jacqueline Bryant Kent R. Robison, Esq., NSB No. 1167 “Trane 9 TSRGOdS oeutaoks krobison@rssblaw.com ‘Therese M. Shanks, Esq, NSB No. 12890 tshanks@rssblaw.com ROBISON, SHARP, SULLIVAN & BRUST 71 Washington Street Reno, Nevada 89503 Tel: (775) 329-3151 Fax: (775) 329-7169 Attorneys for Plaintit David Wayne Harrison IN THE SECOND JUDICIAL DISTRICT COURT IN AND FOR THE COUNTY OF WASHOE, STATE OF NEVADA DAVID WAYNE HARRISON, ‘Case No. Plaintiff, Dept. No.: vs. AMERIGAS PROPANE, INC., a Pennsylvania Corporation; AMERIGAS PROPANE PARTS & SERVICE, INC., a cee ae Corporation; DOES I through X and ROE CORPORATIONS XI through XX, Defendants. J COMPLAINT [EXEMPT FROM ARBITRATION PER NAR 3(A) (Damages in excess of $50,000)] Plaintiff DAVID WAYNE HARRISON, complains and alleges as follows: GENERAL ALLEGATIONS 1. Plaintiff David Wayne Harrison (“Harrison”) is an individual residing in Virginia City, Nevada, 2. Upon information and belief, Defendants Amerigas Propane, Inc. and Amerigas Propane Parts & Service, Inc, (collectively “Amerigas”) are Pennsylvania corporations registered to do business in Nevada. 3. On information and belief, at all relevant times, each Amerigas entity was acting as the alter ego and/or agent of the other, such that either Defendant is linble for the acts and omissions of agents, employees, officers, directors and/or any other person acting on behalf ofRobison, Sa, Cr B93151 Ce Rane en un 12 2B 4 15 16 7 18 19 20 an 22 23 24 25 26 27 28 ‘Amerigas during the times and events described herein. 4, The Doe and Roe Defendants, and each of them, are unknown to Harrison at this time, and Harrison therefore sues said Defendants by such fictitious names. Harrison is informed and believed and thereon alleges that each of the Defendants designated herein as Doe and Roe are responsible for the claims and damages alleged herein. Once discovery has disclosed the true identities of such parties, Harrison will seek leave of Court to amend its Complaint to insert the true names and capacities of said Defendants and to join Defendant to this action. 5. Venue in this Court is proper because, at all relevant times, Amerigas’ headquarters and principal place of business are located within Washoe County, Nevada 6. Jurisdiction is proper in this Court because the amount in controversy exceeds $50,000. FACTUAL ALLEGATIONS 7. Onorabout March 11, 2019, Amerigas was called to refill the propane tanks for the Delta Saloon. Amerigas did so in a careless, reckless and negligent manner, 8. On March 12, 2019, just before 9 a.m, the Delta Saloon exploded due to a propane leak, The explosion caused substantial destruction to the Delta Saloon. The explosion ‘was caused by the negligent, inappropriate, reckless and careless conduct of Amerigas in pursuit of its efforts to fill the propane tank for the Delta Saloon. 9. On information and belief, the propane tanks were empty when Amerigas arrived on March 11, 2019, Amerigas failed to properly inspect the tank, regulators and premises. ‘Ametigas could not initially refill the tank, Amerigas returned later in the day on March 11, 2019 to complete the assigned tasks of checking the regulators, the system and refilling the propane tank, 10. Oninformation and belief, Amerigas knew, or should have known, that the propane tank was empty when it initially arrived to refill the propane tank on March 11, 2019 because it is required to service the tank monthly. 11, On information and belief, Amerigas failed to timely service the tank, allowing itRobin, tam, San re eam WV 50, cr ansais1 10 ul 2 13 14 15 16 7 18 19 20 2 22 23 24 25 26 27 28 to become empty. In its effort to refill the propane tank, Amerigas carelessly, recklessly and negligently failed to refill the propane tank in a proper, prudent and safe manner causing the tank and/or system to leak propane, 12. Amerigas knew, or should have known, of the serious risks involved in refilling ‘an empty propane tank which include, but are not limited t a, Leaks occurring when the system is recharged with propane; b. _Airand moisture getting into the empty or depleted tank, which masks the odor of propane; and/or c. Pilot lights on appliances going out, 13. Onor about March 1, 2019, Amerigas refilled the propane tank connected to the Delta Saloon. 14, On information and belief, a propane leak developed of which Amerigas knew, or should have known, was likely to develop. 15. Oninformation and belief, Amerigas either knew, or should have known, of the leak, or was negligent in checking the premises, propane tank and related monitoring equipment to determine whether a leak developed. 16. Asadirect result of Amerigas’ negligence, a propane leak occurred in the Delta Saloon. 17. Asadirect result of Amerigas’ negligence, the propane leak caused the Delta Saloon to explode on March 12, 2019. 18. Atthe time of the explosion, Plaintiff Harrison was in the kitchen area of the Delta Saloon fixing himself breakfust. The force of the explosion violently threw Plaintiff Harrison through the air, through two walls and violently threw Plaintiff Harrison onto the ground 19, Plaintiff Harrison was transported to the Renown Regional Medical Center, ‘Trauma Unit, where he was admitted, treated and eventually discharged with a diagnoses of a closed head injury and multiple contusions.Robt, St, Sntven& rt twinge crs saist Ce enn eern ul 12 13 4 1s 16 17 18 19 20 au 2 2B 4 25 27 28 FIRST CLAIM FOR RELIEF NEGLIGENCE 20, Plaintiff Harrison incorporates the preceding paragraphs as if fully set forth herein. 21. Amerigas owed a duty to Plaintiff Harrison and the public to proceed with due diligence and properly fill and service the propane tanks that supply the Delta Saloon. 22. Amerigas breached this duty when it negligently refilled, serviced and/or inspected the propane tank that supply the Delta Saloon, 23. Asadirect and proximate result of Amerigas’ inexcusable negligence and failure to exercise due care, Amerigas has caused Plaintiff’ Harrison to suffer substantial bodily injury and Plaintiff Harrison has incurred past special and general damages and will continue to suffer in the future special and general damages all in excess $50,000. 24, Asa direct result of Amerigas’ negligence, Harrison has been forced to retain counsel and is entitled to a reasonable award of attorney fees and costs. 25, Atall times, Amerigas acted willfully, negligently and wantonly, and Plaintiff Harrison is entitled to an award of punitive damages, WHEREFORE, prays for relief as follows: 1. For damages according to proof 2. For punitive damages; 3. For an award of reasonable attorney fees and costs; and 4, For such other relief as this Court deems just and necessary. we wy Mi ai wt Wt1 AFFIRMATION 2 Pursuant to NRS 239B.030 3 The undersigned does hereby affirm that this document does not contain the social 4 | security number of any person. a 5 Dated this_{2“Yiay of November 2019. 6 ROBISON, SHARP, SULLIVAN & BRUST 71 Washington Strest 7 Reno, Nevada 89503 8 9 KENTR. ROBIS‘ ISB Ne 10 ‘THERESE M. SHANKS ~ NSB No. 12890 ‘Attorneys for Plaintit n} David Wayne Harrison 2 pdt 43 001 hon (amen pomp de 13 14 1S 16 7 18 19 20 21 2 23 24 2s 26 27 28 an Sh, Mich Sanger Renn bas (pasar 5