8/22/2017 7:49:26 AM

17CV36094

6 IN THE CIRCUIT COURT FOR THE STATE OF OREGON

7 FOR MULTNOMAH COUNTY

10 Case No.
KIMBERLY GRECCO,
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COMPLAINT
12 Plaintiff,
Negligence
13 v.
14 Amount in Controversy: $2,500,000
CASCADE FUNERAL Fee Authority: ORS 21.160(1)(d)
15 DIRECTORS, INC. and RANDY G. Filing Fee: $793
TJADEN,
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Claim Not Subject to Mandatory
17 Defendants. Arbitration
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Demand for Jury Trial
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1.
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JURISDICTION AND THE PARTIES
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24 This Court has jurisdiction because Mrs. Greccos negligence claim arises
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under Oregon law. Venue is proper because a substantial part of the events and
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omissions giving rise to Mrs. Greccos claim occurred while she resided in
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Multnomah County, Oregon.

COMPLAINT Page 1 of 11
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Defendant Cascade Funeral Directors, Inc. (Oregon Mortuary and Cemetery
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Board License No. CR-0851) is a multi-million-dollar Oregon corporation doing
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6 cremation business as Cascade Cremation Center and Crown Memorial Center in

7 Tualatin, Oregon. Defendant Randy G. Tjaden (Oregon Mortuary and Cemetery

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Board License No. CO-3461) is an individual residing in Oregon doing cremation
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business as Cascade Cremation Center and Crown Memorial Center in Tualatin,
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11 Oregon. Defendants maintain joint control and employee supervision responsibilities

12 at Cascade Cremation Center. Defendants are jointly responsible to maintain

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adequate procedures to ensure their employees comply with all Oregon laws and
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always maintain minimum standards of practice. Defendants maintain their
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16 cremation business as a joint venture for profit and for the use and benefit of people
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entitled to receive the cremated remains of loved ones who have passed away.
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3.
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Plaintiff Kimberly Grecco is an individual residing in Washington County,

21 Oregon with her family.

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4.
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This complaints allegations are based on personal knowledge as to Mrs.
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25 Greccos conduct and made on information and belief as to the acts of others.

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COMPLAINT Page 2 of 11
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FACTUAL ALLEGATIONS
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Ronald Roark, pictured below, was born in 1940 in Mason City, Washington.
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COMPLAINT Page 3 of 11
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Mr. Roark passed away on January 7, 2016. He had no surviving spouse. Mr.
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Roark had always been very close with his daughter, Kimberly. She sat by her
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6 fathers side and supported him for the last several months of his life.

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COMPLAINT Page 4 of 11
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After Mr. Roark passed away, defendants were legally and contractually
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responsible to cremate his remains and provide the remains to Mrs. Grecco.
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6 Defendants provided Mrs. Grecco the package pictured below in or around February

7 2016:
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26 Mrs. Grecco placed the package on her nightstand so her father would be close
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to her at all times. Mrs. Grecco planned to spread her fathers remains off the coast
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of Oregon on Fathers Day 2016.

COMPLAINT Page 5 of 11
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In June 2016 on Fathers Day, Mrs. Grecco began preparing to spread her
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fathers remains. She and her husband had reservations to stay at the coast and
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6 had made travel arrangements. Before leaving, Mrs. Grecco opened the package

7 defendants had given her for the first time. When she looked inside, Mrs. Grecco
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was horrified to discover that what she had long thought were her fathers remains
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were actually the remains of another man. As pictured below, the toe tag revealed
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11 that defendants had somehow switched the remains of Mr. Roark with the remains

12 of another man named Richard Nichol.

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26 Mrs. Grecco contacted defendants (through her husband) and was shocked to
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learn that the Nichol family had already spread her fathers remains.
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COMPLAINT Page 6 of 11
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Mr. Roarks remains ultimately had to be exhumed from another mans grave
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at a cemetery wall so they could finally be given to Mrs. Grecco. When her fathers
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6 remains were ultimately returned to her, Mrs. Grecco was devastated to see that

7 more than half of the ashes were gone and could never be replaced.
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10.
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As a direct result of defendants behavior as alleged in this complaint, Mrs.
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11 Grecco suffered extreme and ongoing feelings of betrayal, horror, shock, and

12 devastation, ultimately requiring mental health treatment, and other severe

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emotional harm and negative emotions.
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11.
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16 Defendants failed to follow adequate procedures and violated Oregon law in

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the way they handled the remains of Mrs. Greccos father. Oregon law OAR 830-
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030-0090 was designed to protect people like Mrs. Grecco who are entitled to receive
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the cremated remains of loved ones who have passed away. On March 23, 2017

21 defendants were reprimanded for the way they behaved in this case. Defendants
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have admitted on the record to violating Oregon law OAR 830-030-0090 in the way
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they mishandled Mr. Roarks remains. But instead of taking responsibility for their
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25 failures to maintain adequate procedures and failures to supervise, defendants

26 instead tried to shift all the blame to a nameless employee.

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COMPLAINT Page 7 of 11
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Defendants behavior as alleged in this complaint violated the common
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standards required of cremation businesses by members of the Washington County,
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6 Oregon community. Upon discovery of evidence of defendants malice, Mrs. Grecco

7 may intend to amend this complaint so the jury can consider whether to punish
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defendants with proportional punitive damages.
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13.
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11 Mrs. Grecco and defendants shared a very special contractual and legal

12 relationship. Defendants knew how extremely important it was to properly handle

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Mr. Roarks remains, and defendants had a legal duty to exercise reasonable care
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in providing Mr. Roarks remains to Mrs. Grecco. Defendants expected and should
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16 have expected that their behavior as alleged in this complaint would cause Mrs.
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Grecco extreme ongoing emotional harm. In failing to comply with Oregon law, and
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in behaving negligently as alleged in this complaint and failing to exercise
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reasonable care, defendants caused Mrs. Grecco foreseeable injuries including

21 extreme and ongoing feelings of betrayal, horror, shock, and devastation.

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COMPLAINT Page 8 of 11
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CAUSE OF ACTION
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Negligence
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As alleged in this complaint, defendants breached their legal duty to properly
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handle Mr. Roarks remains and to properly provide those remains to Mrs. Grecco.
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9 OAR 830-030-0090 was designed to protect people like Mrs. Grecco who are entitled

10 to receive the cremated remains of loved ones who have passed away. Defendants
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failure to exercise reasonable care as alleged in this complaint directly and
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proximately caused Mrs. Grecco substantial injuries as alleged in paragraphs 8
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14 through 13. Defendants negligence as alleged in this complaint created various

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foreseeable and unreasonable risks of injury to Mrs. Grecco, which also violated
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Oregon law (i.e., OAR 830-030-0090, requiring defendants to abide by minimum
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standards of practice, etc.), constituting negligence per se. As a result of defendants

19 negligence, Mrs. Grecco respectfully requests fair compensation for her injuries in
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an amount to be decided by the jury not to exceed $2,500,000.00.
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23 DEMAND FOR JURY TRIAL

24 Mrs. Grecco respectfully demands trial by jury of twelve persons.

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COMPLAINT Page 9 of 11
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3 PRAYER FOR RELIEF

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Mrs. Grecco requests entry of judgment in her favor against defendants for
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injuries not to exceed $2,500,000.00, in an amount to be decided by the jury, and
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7 costs. Mrs. Grecco also seeks any other relief this Court deems just and proper.

8 Mrs. Grecco may bring additional claims against defendants (including claims
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for punitive damages) and may add additional defendants to this lawsuit depending
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on information she learns through discovery.
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August 22, 2017
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RESPECTFULLY FILED,
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/s/ Michael Fuller
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Michael Fuller, OSB No. 09357
17 Lead Attorney for Mrs. Grecco
Olsen Daines PC
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US Bancorp Tower
19 111 SW 5th Ave., Suite 3150
Portland, Oregon 97204
20 michael@underdoglawyer.com
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Direct 503-201-4570

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(additional counsel information on next page)

COMPLAINT Page 10 of 11
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Robert Le, OSB No. 094167 Kelly Jones, OSB No. 074217
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Trial Attorney for Mrs. Grecco Appellate Attorney for Mrs. Grecco
4 The Law Office of Robert Le The Law Office of Kelly Jones
rl@robertlelaw.com kellydonovanjones@gmail.com
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7 Rex Daines, OSB No. 952442

Of Attorneys for Mrs. Grecco
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Olsen Daines PC
9 US Bancorp Tower
111 SW 5th Ave., Suite 3150
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Portland, Oregon 97204
11 rdaines@olsendaines.com
Phone 503-362-9393
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PROOF OF MAILING
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16 I declare and certify that on the date below I caused a copy of this complaint
to be mailed to the Oregon Attorney General at the following address:
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Ellen Rosenblum
19 Oregon Attorney General
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Oregon Department of Justice
1162 Court Street NE
21 Salem, Oregon 97301-4096
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23 August 22, 2017

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/s/ Michael Fuller
25 Michael Fuller, OSB No. 09357
Lead Attorney for Mrs. Grecco
26 Olsen Daines PC
US Bancorp Tower
27
111 SW 5th Ave., Suite 3150
28 Portland, Oregon 97204
michael@underdoglawyer.com
Direct 503-201-4570

COMPLAINT Page 11 of 11