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About Seaside signal. (Seaside, Or.) 1905-current | View Entire Issue (May 1, 2015)
2A • May 1, 2015 • Seaside Signal • seasidesignal.com Seaside business sued for wrongful death Vacationer incurred fatal injuries at The Tides By the Sea due to defendants’ negligence, complaint says cording to the complaint, ¿OHG$SULO The lawsuit lists Nor- A wrongful death com- ma S. Poitras (also known plaint and request for a as Norma S. Ninomiya); MXU\ WULDO KDV EHHQ ¿OHG LQ Trent Johnson; and Tides Multnomah County Circuit Unit Owners Association Court regarding an inci- and/or its unknown busi- dent that occurred in 2013 ness entity and/or subsidi- at The Tides By the Sea in ary as the defendants. Jef- Seaside. frey P. Thayer, a lawyer in The plaintiffs are re- Salem, is representing the questing about $4,366,000 plaintiffs, Peter Roach and in compensation for negli- Andrew Roach, who are gence they allege resulted the personal representa- in the death of David Lloyd tives of the estate of David Roach in August 2013, ac- Lloyd Roach. By Katherine Lacaze Seaside Signal On Aug. 16, 2013, dece- dent David Roach was va- cationing in Seaside with his family staying at rented units at The Tides By the Sea. According to the com- plaint, David Roach “at- tempted to step up onto the deck (at unit No. 130) to join his son, fell backwards and struck his head on the ground.” “The fall, and the resul- tant injuries, were caused by negligence of the de- fendants as hereinafter PRUHVSHFL¿FDOO\DOOHJHG´ One man suffers burns in :DUUHQWRQVWUXFWXUH¿UH House, contents determined total loss By Katherine Lacaze Seaside Signal One man is injured after DVWUXFWXUH¿UH$SULOWKDW resulted in a total loss of a manufactured home and its contents. At about 1:54 p.m., Gearhart Volunteer Fire Department was called to D ¿UH DW 6KRUW 5RDG in Warrenton, near Gear- hart city limits. It was a IXOO\LQYROYHGVWUXFWXUH¿UH that started in the south side of the manufactured home, owned by Cora Lee Koch, Gearhart Fire Chief Bill Eddy said. Koch and her son, Don Fish, were inside the struc- WXUH ZKHQ WKH ¿UH VWDUWHG Koch was not injured, but Don Fish suffered burns to his back and arms. “(Don Fish) was unable to get out in time, and his brother (Mark Fish) actual- ly pretty much was able to grab him and carry him out the rest of the way,” Eddy said. happened. They believe the cause was accidental in na- ture. ‘(The victim’s) brother The trailer home was actually pretty much manufactured in 1987. It’s assessed value is $31,000, was able to grab him and the contents from the and carry him out.’ home are assessed from $50,000 to $75,000, Eddy Gearhart Fire Chief Bill Eddy said. The house was unin- sured and the family lost everything. The American Don Fish was taken to Red Cross also responded Columbia Memorial Hos- to the incident, but Eddy pital in Astoria and then said he is unsure to what transported to Legacy degree the agency can help Emanuel Hospital’s Burn the family. Center in Portland. Locals are stepping in There also is one cat un- to help the family. North accounted for, Eddy said. Coast Family Fellowship Gearhart Fire Depart- has a bin for clothes locat- ment responded with 11 ed by the espresso stand in members. Warrenton Fire its Wahanna Road campus. 'HSDUWPHQWVHQW¿YHPHP- The family is in need of bers and Seaside Fire De- women’s clothing, size 1x, partment sent seven mem- and men’s clothing, size bers. The Cannon Beach 33 pants and large shirts. Fire Department was Meals for the family also moved up to Seaside. Me- are being coordinated. To dix also responded to trans- help, contact Angie Koch port the victim. at (503) 440-1751 or Greg The call was terminated Koch at (503) 440-2142. at 5:38 p.m. The family also has set 7KH FDXVH RI WKH ¿UH up a GoFundMe account, still is under investigation, at www.gofundme.com/ although Eddy said they sna72ak, and so far about “have a good idea” what $5,000 has been raised. FREE CLASSES FOR FAMILY MEMBERS & CAREGIVERS the complaint states. “This fall, furthermore, proxi- mately caused certain in- juries to decedent David Roach, which, ultimately, resulted in his death.” David Roach suffered fatal injuries to his head and brain, according to the complaint. The complaint lists six particular ways in which the defendants – as own- ers, managers, caretakers, manufacturers and/or pur- chasers of the unit – were negligent. At the time of David Roach’s death, Poitras was the owner of The Tides Condo No. 130, at 2316 Beach Drive, according to the complaint. Johnson was the property manag- er. Both were responsible, the plaintiffs claim, for the construction, maintenance, care, decoration and up- keep of unit No. 130. The plaintiffs are asking for a sum not to exceed $3 million “for the pain and suffering” of David Roach and to compensate his heirs “for their loss of society and companionship.” The plaintiffs also are requesting approximately $278,376.70 for economic damages in- curred from medical ex- penses and approximately $6,732.66 for funeral costs. Additionally, David Roach was the sole caretaker of his wife, Mary Roach, who suf- fers cognitive impairment, according to the complaint. The plaintiffs are request- ing about $1,080,978.85 for past and future care expens- es for her. Man charged with assault for attack in Seaside A Wilsonville man has been charged with second-degree assault and two other offenses for allegedly using a baseball bat to harm a man in Seaside on April 19. Kenneth Wayne Smith Jr., 29, was in- dicted in Clatsop County Circuit Court on Monday for one count each of second-de- gree assault, unlawful use of a weapon and menacing. About 3 p.m. April 19, the Seaside Po- lice Department responded to a 911 call about a “disturbance” in the parking lot of the Seaside Civic and Convention Center. According to the indictment, Smith was unlawfully and knowingly using a baseball bat to physically injure Daniel Garcia. He also is charged with unlawfully and inten- tionally attempting to place Garcia “in fear of imminent serious physical injury,” the indictment states. Smith was arrested and detained at the Seaside Police Department and then trans- ported to Clatsop County Jail on April 20. The extent of Garcia’s injuries are un- known. Smith pleaded not guilty to all three charges and he has an early resolution con- ference set for 9 a.m. May 20. Bail is set at $250,000. Smith is being represented by defense lawyer Kris Kaino. SEASIDE, OREGON If you’re caring for someone with dementia, there’s help. Oregon Care Partners is a collaboration of aging advocacy organizations. Our free classes are for: – Family members – Professional caregivers – First responders Classes l ess offered online and in-person at NO COST to you Funded through the State of Oregon Taking care of a family member or loved one with dementia such as Alzheimer’s can be challenging. But you don’t have to do it alone. Oregon Care Partners can help. In our free, online or in-person classes, you’ll learn: • How to create a positive environment, including activities to stimulate memories and interaction • What to expect as their condition progresses • How to manage medications safely and effectively • How to handle common challenging behaviors Visit OregonCarePartners.com to get started today. A little help can make a big difference – for your loved one, and for you. www.OregonCarePartners.com 1-800-930-6851 • info@oregoncarepartners.com ""Ê7,"1-ÊUÊ,1 ½-Ê 9Ê/ ÊUÊ ,/,½-ÊUÊÊ ,-/"*,ÊEÊ -ÊUÊ ,½-ÊUÊ-9Ê9½-Ê- 7 Ê -"*ÊUÊ,--Ê, ÊEÊ,--Ê, Ê7" ÊUÊÊ1,Ê UÊ "1-Ê ""/7,Ê "1//Ê UÊ UÊ 9Ê - Ê UÊ / Ê " /" ÊUʽ-Ê -ÊÊ*9/8Ê8*,--Ê UÊ Ê /",9Ê-/",ÊUÊ"-Ê"-ʽ"-ÊUÊ* /" Ê UÊ*, /Ê""ÊUÊ, Ê,""Ê-"-ÊUÊ,1ÊÓ£ÊUÊ--Ê -** Ê /,Ê UÊ /Ê 7 Ê EÊ ,Ê 1-Ê UÊ /"9"Ê /,9ÊUÊ/"9-ʺ,»Ê1-ÊUÊ/,Ê"ÊÊ ,-/ Ê"1//Ê 6 Ê1- ÊUÊ<1<Ê " 9-/1,9\Ê £äÊ°°nÊ*°°ÊÊÊÊÊÊÊÊÊÊÊ -1 9\Ê £äÊ°°ÈÊ*°° www.seasideoutlets.com )XZUI"WF4FBTJEF0SFHPOt