Robert G. Gilchrist (3715) Jeff M. Sbaih (14014) EISENBERG GILCHRIST & CUTT 900 Parkside Tower 215 South State Street Salt Lake City, Utah 84111 Phone: (801) 366-9100 Email: rgichrist@egclegal.com Email: jsbaih@egclegal.com Attorneys for Plaintiff IN THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY, UTAH JAY TURNER, individually, on behalf of the heirs, and as personal representative of the estate of CATHI TURNER, deceased, vs. Plaintiff, BALFOUR BEATTY CONSTRUCTION LLC; DPR CONSTRUCTION, INC.; BIG-D CONSTRUCTION CORP.; and STAKER & PARSON COMPANIES; AMENDEDCOMPLAINT AND JURY DEMAND TIER THREE Case No. 130903342 Judge Robert Faust Defendants. Plaintiff Jay Turner, by and through undersigned counsel, hereby complains and for cause of action alleges the following:
PARTIES 1. Plaintiff is the surviving spouse of Cathi Turner and the personal representative of Cathi Turner s estate. Plaintiff is a resident of Salt Lake County, Utah. He brings this wrongful death action on behalf of himself and all other heirs of Cathi Turner, and as personal representative of her estate. 2. Defendant Balfour Beatty Construction, LLC is a corporation organized under the laws of the State of Delaware and does business in Utah. 3. Defendant DPR Construction, Inc. is corporation organized under the laws of the State of California. DPR also does business in Utah. 4. Defendant Big-D Construction Corp. is a corporation organized under the laws of the State of Utah. 5. Defendants 2 through 4 were engaged in a joint venture design-building project called BDB Design Builders, J.V. ( BDB ), which was formed to build a new data center near Camp Williams, which is referred to later in this Complaint. 6. Defendant Staker & Parson Companies is a corporation organized under the laws of the State of Utah. 7. Defendants listed herein are referred to collectively as Defendants. JURISDICTION & VENUE 8. All events giving rise to this Complaint occurred in Utah. 9. The court has jurisdiction over this case pursuant to Utah Code Ann. 78B-3-307. 10. Venue is properly placed before this court pursuant to Utah Code Ann. 78A-5-102.
GENERAL ALLEGATIONS 11. This matter arises out of the wrongful death of Cathi Turner ( Cathi ). 12. On June 9, 2012, Cathi was riding her bicycle southbound on SR-68 near Camp Williams. 13. Upon information and belief, a construction sign encroached onto the roadway, with its east facing legs situated in the bike lane. 14. Upon information and belief, the encroaching sign was placed in that position by Defendants. 15. Defendants placement of the sign was a knowing clear violation and disregard of the permit obtained by Defendants from the state authorities, which prohibited the placement of the sign in the bike lane. 16. As Cathi passed the sign, her bicycle hit the sign s encroaching legs, which caused her bicycle to detour into the rocks on the side of the road where Cathi ultimately crashed onto the ground. 17. Cathi died later that day as a result of her injuries. 18. The decision to place in the bike lane in an area where Defendants were not performing construction amounts to reckless indifference for the safety and well-being of others. 19. Defendants also misrepresented to investigating authorities where and when they placed the sign prior to Cathi s accident. 20. Plaintiff suffered both economic and non-economic damages as a result of the death of Cathi Turner, including but not limited to medical expenses, funeral and burial expenses,
loss of earnings, loss of care, society, and companionship, and also grief and sorrow, all in amounts to be proven at trial. FIRST CAUSE OF ACTION (Negligence and/or Recklessness - Wrongful Death v. Defendants) 21. Plaintiff incorporates all preceding paragraphs herein and further alleges the following: 22. Defendants owed Cathi Turner a duty of care to ensure the construction zone was safe and free from hazards to the public. 23. Defendants breached this duty by: a. Failing to maintain a safe construction zone; b. Failing to ensure the bike lanes were not obstructed in any fashion; c. Failing to properly assemble the construction zone sign; d. Failing to properly inspect the construction zone; e. Failing to enforce an appropriate safety plan for the construction zone; f. And any other acts of negligence not yet discovered. 24. Defendants negligence and/or recklessness and indifference to the rights of others was the direct and proximate cause of Cathi Turner s injuries and death, and the damages suffered by Plaintiff. SECOND CLAIM FOR RELIEF (Survival Action Utah Code Ann. 78B-3-107 v. Defendants) 25. Plaintiff incorporates all preceding paragraphs herein and further alleges the following: 26. Cathi Turner suffered both economic and non-economic damages due to injuries which resulted from the Defendants negligence.
27. Cathi Turner ultimately died as a result of Defendants negligence. 28. Pursuant to Utah Code Ann. 78B-3-107, Cathi Turner s heirs may pursue her claims against Defendants for the special and general damages she suffered prior to her death. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for relief as follows: a. For non-economic damages in an amount to be determined at trial; b. For economic damages in an amount to be determined at trial; c. For punitive damages; d. For costs, interest, and attorneys fees to the extent allowed by law; and e. Such other relief as the Court deems appropriate. JURY DEMAND Plaintiff hereby requests a trial by jury on all issues that may be tried to a jury. TIER DESIGNATION Pursuant to Utah Rules of Civil Procedure 8(a) and 26(c)(3), this matter falls under Tier 3 and should be permitted discovery pursuant to Tier 3. DATED this 21st day of May, 2013. EISENBERG GILCHRIST & CUTT /s/ Jeff M. Sbaih Robert G. Gilchrist Jeff M. Sbaih