Carole Lee vs. Jeane Gaiennie

4/3/2020 1:41 PM
20CV14644
6 IN THE CIRCUIT COURT FOR THE STATE OF OREGON
7 FOR THE COUNTY OF MULTNOMAH
8
)
9 ) Case No.
CAROLE LEE, an individual )
10 ) COMPLAINT-
Plaintiff )
11 ) Physical Abuse of a
v. ) Vulnerable Person
12 )
JEANE GAIENNIE, an individual )
13 ) Claim for More than $50,000 and less
Defendant(s) ) than $1,000,000 (ORS 21.160)(1)(c) and
14 ) Equitable Relief
)
15 ) Not Subject to Mandatory Arbitration
) Filing fee of $594.00
16 )
17 Plaintiff alleges:
18 1.
19 At all material times herein, Plaintiff is the fee simple owner of the property commonly
20 known as 2722 NE 15th Ave., Portland, OR 97212, (hereinafter the “real property”) which has a
21 legal description of:
22 IRVINGTON, BLOCK 60, N 10' OF LOT 12, S 40' OF LOT 13, in the County of
23 Multnomah, State of Oregon
24 2.
Peter H Tinsley
Murphy Law Group P.C.
25 COMPLAINT- pg 1 621 SW Morrison St., Suite 1430
Portland, OR 97205
(503) 550-4894
1 At all material times herein, Plaintiff has resided at the real property as her primary
2 residence.
3 3.
4 Plaintiff is a 77 year old woman whose birthday is November 6, 1942.
5 4.
6 Plaintiff takes 10mg of Lisinopril once per day to control high blood pressure.
7 5.
8 At all material times herein, Defendant has been a tenant at the real property under a
9 rental agreement with Plaintiff, and resides at the real property as her primary residence.
10 6.
11 At all material times herein, Plaintiff and Defendant share certain living areas, including
12 but not limited to, the entry way, the living room, the kitchen, and the laundry room of the real
13 property.
14 7.
15 On March 8, 2020, Governor Kate Brown of Oregon issued executive order no. 20-03
16 titled “Declaration of Emergency Due to Coronavirus (COVID-19) Outbreak in Oregon”. The
17 declaration serves as a public health emergency.
18 8.
20 prohibiting large gatherings due to coronavirus (COVID-19) outbreak in Oregon. This
21 emergency order prohibited gatherings of 250 or more.
22 9.
24
Peter H Tinsley
Portland, OR 97205
(503) 550-4894
1 prohibiting gatherings of 25 or more.
2 10.
4 titled “Stay Home, Save Lives: Ordering Oregonians to Stay at Home, Closing Specified Retail
5 Businesses, Requiring Social Distancing Measures for Other Public and Private Facilities, and
6 Imposing Requirements for Outdoor Areas and Licensed Childcare Facilities”. Order No. 1 of
7 Executive Order states “It is essential to the health, safety, and welfare of the state of Oregon
8 during the ongoing state of emergency that, to the maximum extent possible, individual stay at
9 home or at her place of residence, consistent with the directives set forth in my executive orders
10 and guidance issued by the Oregon health Authority”.
11 11.
12 COVID-19 is a transmissible disease characterized by fever, cough and difficulty
13 breathing, See Dec. Peter Tinsley ¶ 2.
14 12.
15 Preliminary reports indicate that COVID-19 has a fatality rate of 3-11% among people
16 65-84 years of age. Among hospitalized patients with COVID-19, 36% were aged 65–84 years,
17 and 46% percent of patients admitted to the ICU are between the ages of 65 and 84. See Dec.
18 Peter Tinsley ¶ 3.
19 13.
20 There is no vaccine that can protect against COVID-19 and the CDC reports that people
21 who are not showing symptoms likely play a role in the spread of COVID-19. The CDC
22 recommends that the best way to prevent the illness is to avoid being exposed to the virus. See
23 Dec. Peter Tinsley ¶ 4.
24
Peter H Tinsley
Portland, OR 97205
(503) 550-4894
1 14
2 On or about March 25, 2020, Plaintiff learned that Defendant had been volunteering at
3 one or more downtown Portland homeless shelters.
4 15.
5 On March 22, the Oregonian published an article titled “Editorial: Coronavirus crisis
6 offers glimpses of Oregonians at their best” which contains the following passage “neighbors
7 like Jeane Gaiennie are walking block by block, leaving flyers outside homes and offering to get
8 groceries or run errands for those unable to go out themselves”. See Dec. Peter Tinsley ¶ 5.
9 16.
10 On March 29, 2020, Defendant announced on social media that she intended to join
11 Union Gospel Missions Search + Rescue team to feed, clothe and support folks on the street and
12 in tent cities around Portland. A follow up post displayed a midsized van with Search + Rescue
13 displayed on the side. Defendant included the caption “Joined Union Gospel Mission's Search
14 + Rescue team tonight. It was so great to connect with folks in tent cities from Troutdale to
15 Portland.” See Dec. Peter Tinsley ¶ 6.
16 17
17 Plaintiff expressed her concerns that Defendant’s actions were placing Plaintiff in peril,
18 but Defendant refused to change her behaviors.
19 18.
20 Plaintiff requested that Defendant use disinfecting wipes to disinfect the areas of the
21 shared home that Defendant might contaminate, however Defendant replied that she could not
22 afford such cleaning products.
23 ///
24
Peter H Tinsley
Portland, OR 97205
(503) 550-4894
1 19.
2 Defendant has not been seen to use personal protective equipment such as masks,
3 gloves, or removable outerwear that might prevent contamination in the home
4 20.
5 Defendant is aware of and is consciously disregarding the risk that she may expose
6 Plaintiff to a life-threatening illness and/or serious physical injury. Recklessly engaging in
7 conduct which creates a substantial risk of serious physical injury to another person constitutes
8 Recklessly Endangering Another Person under ORS 163.195. Recklessly endangering another
9 person constitutes Physical Abuse Subject to Action under ORS 124.105.
10 21.
11 Since learning of Defendant’s actions, Plaintiff no longer feels safe in her own home.
12 22.
13 Out of fear of contracting COVID-19, Plaintiff has reduced or ceased use of certain
14 shared areas of the home, including but not limited to the shared kitchen and the upstairs area
15 near Defendant’s bedroom.
16 23.
17 Out of fear of contracting COVID-19, Plaintiff has arranged with her estate attorney to
18 update her last will and testament.
19 24.
20 Out of fear of contracting COVID-19, Plaintiff has begun prophylactically cleansing
21 parts of the shared living space before interacting with them and is using personal protective
22 equipment (e.g., gloves) interacting with any surface that Defendant may have interacted with.
23 ///
24
Peter H Tinsley
Portland, OR 97205
(503) 550-4894
1 25.
2 Plaintiff has lost sleep due to her fear that Defendant will introduce COVID-19 to their
3 home.
4 26.
5 Plaintiff is experiencing extreme anxiety at all times due to her fear that Defendants has
6 introduced COVID-19 to her home.
7 27.
8 Plaintiff fears that the increased stress will exacerbate her hypertension and may lead to
9 additional life-threatening health problems.
10 28.
11 Plaintiff is experiencing diminished enjoyment of her life as a naturally and necessarily
12 result of Defendant’s actions.
13 29.
14 As a naturally and necessarily result from the circumstances Defendant’s actions,
15 Plaintiff has experienced mental suffering, emotional distress, and diminished use and
16 enjoyment of her home.
17 FIRST CLAIM FOR RELIEF
18 Of Physical Abuse of a Vulnerable Person
19 Plaintiff, alleges as follows:
20 30.
21 As alleged in paragraphs 1-29 (incorporated by reference as if fully set forth herein),
22 Defendant is aware of and is consciously disregarding the risk that she may expose Plaintiff to a
23 life-threatening illness and is thus recklessly engaged in conduct that creates a substantial risk of
24
Peter H Tinsley
Portland, OR 97205
(503) 550-4894
1 serious injury to Plaintiff. This conduct includes, but is not limited to: failing to abide by the
2 Executive Orders issued by the office of the Governor of Oregon, voluntarily exposing herself
3 to populations who are at an elevated risk of contracting and communicating the COVID-19
4 virus while living with a vulnerable person, and by voluntarily exposing herself to an increased
5 risk of contracting and communicating the COVID-19 virus while living with a vulnerable
6 person. This reckless conduct has exposed, and continues to expose, Plaintiff to a substantial
7 risk of contracting COVID-19, a disease known to cause serious and often fatal physical injury
8 to persons over 65 years of age.
9 31.
10 As a result of the actions alleged in section 30 above, Plaintiff has suffered subjective,
11 nonmonetary losses in the amount of $100,000.00.
12 32.
13 SECOND CLAIM FOR RELIEF
14 Equitable Relief
15 As alleged in paragraphs 1-29 (incorporated by reference as if fully set forth herein),
16 there being no adequate remedy at law, Plaintiff requests Injunctive relief requiring Defendant
17 to vacate Plaintiff’s home of 2722 NE 15th Ave., Portland, OR 97212 until the State of Oregon
18 declares the public health emergency related to COVID-19 has been lifted.
19 ///
20 ///
21 ///
22 ///
23 ///
24
Peter H Tinsley
Portland, OR 97205
(503) 550-4894
1
WHEREFORE, Plaintiff prays for a judgment against Defendants as follows:
2
a. For Plaintiff’s First Claim for Relief,
3 a. A money award in an amount of three times the non-economic damages caused
4 by Defendants reckless endangerment in an amount to be determined at trial but
5 in any event not greater than $100,000.
6 b. For Plaintiff’s Second Claim for Relief,
a. Injunctive relief Requiring Defendant to vacate Plaintiff’s home of 2722 NE 15th

7
Ave., Portland, OR 97212 until the State of Oregon declares the public health
8
emergency related to COVID-19 has been lifted.
9
c. For Plaintiff’s reasonable attorney’s fees, costs, and disbursements incurred herein; and
10
d. Any other relief the court deems just, equitable, and proper.
11
12
13 Dated April 3, 2020.
14 /s Peter H Tinsley
Peter H Tinsley, OSB No. 164936
15 Attorney for Plaintiff
Peter@oregonlandlord.net
16 (503) 550-4894 (ph)
(503) 296-2633 (fax)
17
18
19
20
21
22
23
24
Peter H Tinsley
Portland, OR 97205
(503) 550-4894

Carole Lee vs. Jeane Gaiennie

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4/3/2020 1:41 PM

6 IN THE CIRCUIT COURT FOR THE STATE OF OREGON

7 FOR THE COUNTY OF MULTNOMAH

21 legal description of:

23 Multnomah, State of Oregon

4 Plaintiff is a 77 year old woman whose birthday is November 6, 1942.

16 titled “Declaration of Emergency Due to Coronavirus (COVID-19) Outbreak in Oregon”. The

17 declaration serves as a public health emergency.

20 prohibiting large gatherings due to coronavirus (COVID-19) outbreak in Oregon. This

21 emergency order prohibited gatherings of 250 or more.

10 and guidance issued by the Oregon health Authority”.

12 COVID-19 is a transmissible disease characterized by fever, cough and difficulty

13 breathing, See Dec. Peter Tinsley ¶ 2.

23 Dec. Peter Tinsley ¶ 4.

3 one or more downtown Portland homeless shelters.

15 Portland.” See Dec. Peter Tinsley ¶ 6.

18 but Defendant refused to change her behaviors.

22 afford such cleaning products.

3 gloves, or removable outerwear that might prevent contamination in the home

6 Plaintiff to a life-threatening illness and/or serious physical injury. Recklessly engaging in

9 person constitutes Physical Abuse Subject to Action under ORS 124.105.

15 near Defendant’s bedroom.

18 update her last will and testament.

20 Out of fear of contracting COVID-19, Plaintiff has begun prophylactically cleansing

6 introduced COVID-19 to her home.

9 additional life-threatening health problems.

11 Plaintiff is experiencing diminished enjoyment of her life as a naturally and necessarily

12 result of Defendant’s actions.

14 As a naturally and necessarily result from the circumstances Defendant’s actions,

16 enjoyment of her home.

17 FIRST CLAIM FOR RELIEF

18 Of Physical Abuse of a Vulnerable Person

19 Plaintiff, alleges as follows:

21 As alleged in paragraphs 1-29 (incorporated by reference as if fully set forth herein),

8 to persons over 65 years of age.

11 nonmonetary losses in the amount of $100,000.00.

13 SECOND CLAIM FOR RELIEF

15 As alleged in paragraphs 1-29 (incorporated by reference as if fully set forth herein),

5 in any event not greater than $100,000.

6 b. For Plaintiff’s Second Claim for Relief,

a. Injunctive relief Requiring Defendant to vacate Plaintiff’s home of 2722 NE 15th

13 Dated April 3, 2020.

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