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,
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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
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One man suffers burns in
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House, contents
determined total loss
By Katherine Lacaze
Seaside Signal
One man is injured after
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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
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in Warrenton, near Gear-
hart city limits. It was a
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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-
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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.
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