1

6
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
7
IN AND FOR THE COUNTY OF PIERCE
8
EARL ROSKIE, Personal Representative of
9 the ESTATE OF MADELINE ROSKIE, No.
10 Plaintiff, COMPLAINT FOR WRONGFUL
DEATH, PERSONAL INJURY AND
11
v. NUISANCE
12
PUGET SOUND ENERGY, INC., a
13 Washington corporation; and JOHN DOES
#1-4, fictitious names for unidentified
14 persons,
15
Defendants.
16

17
I. PARTIES & JURISDICTION
18
1.1. Madeline Roskie was a resident of Pierce County, Washington. This action is
19
brought on her behalf by her father and Personal Representative, Earl Roskie. He resides in
20

21 Pierce County, Washington.

22 1.2. Defendant Puget Sound Energy, Inc. (PSE) is a Washington State

23 corporation doing business in several counties, including Pierce County, Washington.
24
1.3. John Doe #1 is the as yet unidentified owner or lessee of a pump and/or
25
irrigation pipe located on the west side of the Puyallup River, south of 96th St. E. at
26
approximately the 9800 Block.

COMPLAINT FOR PERSONAL

INJURY AND NUISANCE 1
615456.docx
1 1.4. John Doe #2 is the owner of the land on which the above-described pump and

2 irrigation pipe is located.

3
1.5. John Doe #3 is the person or entity responsible for maintenance of the above-
4
described pump and irrigation pipe in a safe condition.
5
1.6. John Doe #4 is the person or entity that benefits from the operation of the
6
pump and irrigation pump described above.
7

8 1.7. Jurisdiction and venue are proper in Pierce County because plaintiff resides in

9 Pierce County, defendants own property and/or conduct business in Pierce County, and the
10 events took place in Pierce County.
11
II. STATEMENT OF FACTS
12
2.1. On August 2, 2014, Madeline Maddy Roskie was 18 years old. She
13
graduated with honors from Bonney Lake High School June 10, 2014 and planned to attend
14
Pierce College in the fall. She was in excellent health.
15

16 2.2. Maddy and her boyfriend, Bryce Terry, went inner-tubing on the Puyallup

17 River on August 2, 2014. They took an initial run down the section of the river adjacent to

18 16100 block and the 96th St. bridge over the Puyallup River. They then walked back to the
19
start location to ride down the river again. At all times, Maddy was wearing a life vest.
20
2.3. While waiting in their tubes by the edge of the river for another group to pass,
21
Maddy complained that her legs were going numb. Within seconds, she became
22
unconscious. Bryce Terry also experienced a tingling sensation in his fingers. Bryce Terry
23

24 floated Maddy to shore where several other people called for help and started CPR.

25

26

COMPLAINT FOR PERSONAL

INJURY AND NUISANCE 2
615456.docx
1 2.4. Maddy Roskie was pronounced dead shortly after emergency personnel

2 arrived. She had not experienced any blunt trauma, did not drown, and had no drugs,
3
alcohol, or toxins in her system to account for her death.
4
2.5. The address Pierce County Sheriff was dispatched to is16100 Block of 96th St.
5
E. and 96th St. E., a short distance west of McCutcheon Road. East Pierce Fire and Rescue
6
used the address of 96th St. E. and McCutcheon Road in their reports of the incident.
7

8 2.6. Electrical distribution systems owned, operated, and maintained by defendant

9 PSE are located on the property adjacent to the section of the river where Maddy was
10 electrocuted.
11
2.7. An irrigation pump sits above the river on the west side of the river, south of
12
96th St. E. at approximately the 9800 Block. It is connected to an irrigation pipe leading into
13
the river.
14

15 2.8. On August 22, 2014, East Pierce Fire and Rescue received information there

16 could be an electrical hazard on the river. PSE reported a technician found a 280v to ground

17 issue at the pump described in 2.6.

18 2.9. On August 25, 2014, the Pierce County Associate Medical Examiner
19
contacted East Pierce Fire and Rescue to express his concern that an electrical hazard in or
20
near the water at that location may have caused this girls death.
21
2.10. On August 25, 2014, the operations manager from PSE spoke to East Pierce
22

23 Fire and Rescue and advised they believe they had found the problem and it was scheduled

24 for repair the following day. PSE acknowledged the problem was believed to be an irrigation

25 draft pipe that enters the river as described in 2.6. Based on this information, East Pierce
26
Fire and Rescue suggested all responders stay a minimum of 50 feet from any pipes entering

COMPLAINT FOR PERSONAL

INJURY AND NUISANCE 3
615456.docx
1 the river in that area until they received notice of the repair.

2 2.11. On August 27, 2014, Puget Sound Energy stated they were alerting the State
3
of Washington Department of Labor & Industries to an issue at an irrigation pump on the
4
Puyallup River, south of the 96th St. E. bridge.
5
2.12. Electrical distribution systems emit stray voltage, which can be lethal when
6
improperly installed or lacking adequate grounding or maintenance.
7

8 2.13. PSE has refused to disclose the owner of the pump and/or pipe.

9 III. LIABILITY
10 3.1. Negligence. The defendants, individually or collectively, were responsible to
11 install and maintain the pump and pipe in a condition safe to the public, including those
12
floating on the Puyallup River. An entity owning or maintaining strong electrical current
13
wires has a duty to exercise the utmost care and prudence to prevent injury. A malfunction in
14
the distribution system that puts electric current into fresh water is an extremely hazardous
15

16 condition. The defendants negligence was a proximate cause of the injury and death of

17 Maddy Roskie.

18 3.2. Negligence. Defendant PSE was negligent by failing to install and maintain
19
its electrical distribution system in a condition safe to the public, including those passing on
20
the river. A malfunction in the distribution system that puts electrical current into fresh water
21
is an extremely hazardous condition. Its negligence was a proximate cause of the death of
22
Maddy Roskie.
23

24 3.3. Nuisance. The defendants obstructed and impeded the passage of the

25 Puyallup River, thereby creating a public nuisance in violation of RCW 7.48, et seq.
26

COMPLAINT FOR PERSONAL

INJURY AND NUISANCE 4
615456.docx
1 IV. DAMAGES

2 4.1 The Personal Representative brings this action on behalf of the statutory
3 beneficiaries for the harm suffered as a result of their childs death, including:
4
a. The loss of companionship, love, mutual society, protection, and guidance of
5
their daughter;
6
b. The conscious pain and suffering of Maddy Roskie; and
7

8 c. The economic loss to Maddy Roskies estate.

9 V. PRAYER FOR RELIEF

10 5.1 WHEREFORE, plaintiff requests:

11 a. Judgment against defendants, and each of them, in an amount to be proven at
trial;
12

13 b. An award of their costs and fees; and

14 c. Such other relief as the court deems just and equitable.

15 DATED this 1st day of August, 2017.
16
SCHROETER, GOLDMARK & BENDER
17

18

19 ___________________________________
20 REBECCA J. ROE, WSBA #7560
KATHY GOATER, WSBA #9648
21 Counsel for Plaintiff

22

23

24

25

26

COMPLAINT FOR PERSONAL

INJURY AND NUISANCE 5
615456.docx