Eric S.

Olson (# 11939)
EISENBERG GILCHRIST & CUTT

900 Parkside Tower

215 South State Street
Salt Lake City, Utah 84111
Phone: (80 1) 366-9 100
Email: eolson@egclegal.com

Attorney for Plaintiff

IN THE THIRD DISTRICT COURT IN AND OF

TOOELE COUNTY, STATE OF UTAH

JOSE ADAME, personally, on behalf of the

heirs of and as personal representative of the
estates of Delphine Ramirez and Aniyah
Adame; ALJERINO RAMIREZ, personally,
on behalf of the he irs of and as personal
representative of the estates of Delphine
Ramirez and Delilah Ramirez; KEE JOHN,
personall y, on behalf of the heirs of and as
personal representative of the estates of
Delphine Ramirez and Delilah Ramirez;
MAGGIE YAZZIE, personall y, on behalf of
the heirs of and as personal representative of
the estates of Delphine Ramirez and Delilah
Ramirez; and ELIAS RAMIREZ,
personally, on behalf of the heirs of and as
personal representative of the estate of
Delilah Ramirez,
Plaintiffs
vs.
PAUL MUMFORD and PEPPERMJLL
CASINOS, INC. ,
Defendants.

COMPLAINT AND JURY DEMAND

(TIER THREE)
Case No:
Judge:

Plaintiffs, by and through counsel, complain against the above-captioned Defendants as

follows:

PARTIES, JURISDICTION, AND VENUE

1.

Plaintiff Jose Adame is an individual res iding in the State of Utah. He is the

surviving spouse of Delphine Ram irez and surviving natural father of Aniyah Adame.
2.

Plaintiff Aljerino Ramirez is an individual who is the surviving natural son of

Delphine Ramirez and surviving natural brother of Delilah Ramirez.

3.

Plaintiff Kee John is an individual who is the surviving natural father of Delphine

Ramirez and surviving natural grandfather of Deli lah Ramirez.

4.

P laintiff Maggie Yazzie is an indiv idual w ho is the surviving natural mother of

Delphine Ramirez and surviving natural grandmother of Delilah R amirez .

5.

E lias Ramirez is an individual who is the surviving natural father of Deli lah

Ramirez.
6.

Defendant Paul Mumford is an individual residing in the State of Utah.

7.

Defendant Pepperm ill Casinos, Inc. is a company with its principal place o f

business in Nevada.
8.

This Court has jurisdictio n over this action pursuant to UTAH CODE A N . 78A-

5- l 02 and 788-3-205 in that Defendants caused injuries and death in the State of Utah. A lso,
upon information and belief, Peppermill transacts business in the State of U tah; owns, leases,
possesses and or uses property in the State of U tah ; and advertises in the State of Utah .
9.

Venue of this action is proper with this Comi pursuant to UTAH CODE A

788-3-307 in that the coll ision occurred in Tooele County, State of U tah.
2

GENERAL ALLEGATIONS
10.

At all times pertinent, Peppermill owned and operated casinos in Wendover.

11 .

Peppermill commercially sells, serves and or distributes alcoholic beverages to its

patrons.
12.

On July 4, 2014, Paul Mumford was a patron at one or more of Peppermil l's

casinos in Wendover.
13.

Peppermill provided alcohol to Mumford.

14.

Mumford was apparently under the influence of alcohol or drugs .

15 .

Peppermill 's servers knew or should have known from the circumstances that

Mumford was under the influence of alcoho l or drugs.

16.

Peppermill 's service of alcohol to Mumford caused him to become intoxicated.

17 .

Mumford left Peppermill ' s casino.

18 .

Peppermill did nothing to prohibit Mumford from leaving or driving hi s vehicle.

19.

Mumford started driving eastbound on 1-80 back to his home in Utah.

20.

He crossed the interstate from the eastbound lanes into the westbound lanes.

2 1.

He drove eastbound in the westbound lanes.

22.

A t about the same time, Jose Adame was driving westbound on 1-80

111

the

westbound lanes.
23.

Delphine Ramirez, Aniyah Adame and Delilah Ramirez were passengers in hi s

vehicle.
24.

Mumford hit Jose and his family head-on.

25.

The co lli sion caused serious physical injuries to Jose and his fam il y.
3

26.

Delphine, Aniyah and Delilah died of injuries they sustained.

FIRST CAUSE OF ACTION
(Negligence)

27.

Plai ntiffs incorporate all preceding paragraphs herein and further all ege the

fo llowing:
28.

Mumford owed Jose, Delphine, Aniyah and Delilah (co llectively "Jose and his

family") a duty of reasonable care in the operation of his motor vehicle.

29.

Peppermill owed Jose and his fami ly a duty of reasonable care in the operation of

its business.
30.

31.

Mumford breached his duty of care in the following respects:

a.

driving against oncoming traffic;

b.

fai ling to keep a proper look out;

c.

driving whi le under the influence of alcohol; and

d.

such other acts of negligence yet to be discovered.

Pepermill breached its duty of care in the following respects:

a.

improperly training its employees;

b.

hiring, retaining and employing individuals who were unfit;

c.

failing to offer or provide alternative transportation for Mumford;

d.

fai ling to offer or provide Mumford lodging until he sobered;

e.

fai ling to contact the police;

f.

upon information and belief, ejecting Mumford when he was apparently

under the innuence and likely to drive; and

g.
32.

such other acts of negligence yet to be discovered.

Defendants' breaches were a direct and proximate cause of injuries to Jose and hi s

family, death to Delph ine, Aniyah and Del ilah and Plaintiffs' damages.
33.

Defendants' conduct manifested a knowing and reckless disregard for the rights

of others.
SECOND CAUSE OF ACTION
(Dramshop Liabilty)
34.

Plaintiffs incorporate all preced ing paragraphs herein and fu rther allege the

fo llowing:
35.

Peppermill, through its agents and employees, sold, gave, or otherwise provided

M umford with alcoholic beverages.

36.

It did so as part of the commercial sale, storage, service, manufacture,

distribution, or consu mption of alcoholic prod ucts.

37.

It did so even though (l) Mumford was apparently under the influence of

intoxicating alcoho lic products or drugs; (2) Peppermill knew or should have known fro m the
circumstances that Mumford was under the influence of intox icating alcohol ic products or drugs;
or (3) Mumford was a known interdicted person.
38.

Peppermill's conduct caused the intoxication of Mumford.

39.

The injuries of Jose and his fami ly, the deaths of Delphine, Aniyah and Deli lah

and the damages of Plaintiffs were caused by Mumford's intoxication.

THIRD CAUSE OF ACTION
(Vicarious Liability)
40.

Plaintiffs incorporate all preced ing paragraphs herein and furthe r a llege the

following:
41 .

Peppermill's employees were acting in the course and scope of their employment

when the incident occurred and when they were negligent.

42.

Under the theory of respondeat superior, Peppermill is vicariously liable to

Plaintiffs for the negligence of its employees .

FOURTH CAUSE OF ACTION

(Wrongful Death against Defendants)
43 .

Plai ntiffs incorporate all preceding paragraphs herein and further allege the

following:
44.

Defendants were negligent and otherwise acted improperly.

45.

Defendants' negli gence and improper conduct wrongfully caused death the deaths

of Delphine, Aniyah and Delilah.

DAMAGES
46.

Plaintiffs incorporate by reference all preceding paragraphs herein and further

allege the following:

47.

As a direct and proximate result of Defendants' wrongful acts, omissions,

negl igence and reckl essness, Plaintiffs have incurred and Jose Adame will incur medical
expenses in an amount to be proven at tri al.
48.

As a direct and proximate result of Defendants' wrongful acts, omissions,

negligence and recklessness, Delphine, Ani yah and De lilah experienced physical , mental , and
emotional pain and suffering associated with injuri es that led to their death.
49.

As a direct and prox imate result of Defendants' wrongful acts, omissions,

negligence and recklessness, Plaintiffs have suffered and wi ll suffer a loss of financial support,
income, inheritance and household services.
50.

As a direct and proximate result of Defendants' wrongful acts, omi ssions,

negligence and recklessness, Plaintiffs have experienced and will experience a loss of care, loss
of companionship, loss of society, and physical, mental, and emotional pain and suffering
associated with Delphine, Aniyah and Delilah's death.
51.

As a direct and proximate result of Defendants' wrongfu l acts, omissions,

negligence and recklessness, Jose Adame has suffered and will suffer a loss of income, wages
and loss of earning capacity.
52.

As a direct and proximate result of Defendants' wrongful acts, omissions,

negli gence and recklessness, Jose Adame has experienced and will experience physical, mental
and emotional pain and suffering, loss of enjoyment of life, impairment and disfigurem ent.
53 .

As a direct and proximate result of Defendants' wrongfu l acts, omissions,

negligence and recklessness, Plainti ffs experienced funeral and burial expenses. impairment and
disfigurem ent.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs demand judgment against Defendants in an amount to be
determined by the trier of fac t for the fo llowing damages, which w ill be sufficient to sati sfy the
Tier Three requirements of the Utah Rules of Civil Procedure:
A.

For economic damages in an amount to be determined at trial;

B.

For non-economic damages in an amount to be determined at trial;

C.

For punitive damages;

D.

For costs, interests, and attorney fees to the extent allowed by law; and

E.

For such other rel ief as the Court deems appropriate.

TIER DESIGNATION
Pursuant to Utah Rules of Civi l Procedure 8(a) and 26(c)(3), this matter fal ls under T ier
Three and should be permitted discovery pursuant to Tier Tluee.

JURY DEMAND
Plaintiffs demand a j ury trial of all issues that may be tried ofright by a jury.
DATED this 26 1h day of Februar y, 2016.

EISENBERG, GILCHRIST & CUTT

Isl Eric S. Olson

Eric S. Olson
Allorney for Plaintiff