Continental Casualty Company v. Duyzend et al

Filing 1

COMPLAINT against defendant(s) Does 1-100, Kathryn Cox, Henri F. Duyzend, Sharon Duyzend, Cheryl Grant, Beverly Hawley, Richard Hawley, David Hubert, Jill Ortiz, Satoko Prigmore, Thomas Prigmore, William Mark Smith, Daryl Stuart, Laurel Stuart, Kristine Walla, Robert Wallace, Dale Hollingsworth, Ruth Hollingsworth, Sarah Hollingsworth, Thomas Huber, Daniel O'Neal, Patricia O'Neal, Chris Stuart, Cyndi Sundby, Douglas Sundby, Derry Tiedeman, Nicole Tiedeman, Megan Walla, Anne Welsh, Tom Welsh, Sandy Zickuhr, Tracy Zickuhr, Zoe Zickuhr (Receipt # 0981-3321765), filed by Continental Casualty Company . (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons, # 17 Summons, # 18 Summons, # 19 Summons, # 20 Summons, # 21 Summons, # 22 Summons, # 23 Summons, # 24 Summons, # 25 Summons, # 26 Summons, # 27 Summons, # 28 Summons, # 29 Summons, # 30 Summons, # 31 Summons, # 32 Summons, # 33 Summons, # 34 Summons, # 35 Summons, # 36 Summons, # 37 Summons, # 38 Summons, # 39 Summons, # 40 Summons, # 41 Summons, # 42 Summons, # 43 Summons, # 44 Summons, # 45 Summons)(Nelson, Justin) Modified on 8/23/2013 to edit capitalization and spelling of party names(PM).

EXHIBIT B

FILED
11 SEP 09 PM 4:01
KING COUNTY
SUPERIOR COURT CLERK
E-FILED
CASE NUMBER: 11-2-31164-3 SEA

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SUPERIOR COURT OF WASHINGTON FOR KlNG COUNTY
KATHRYN COX; BEVERLY HAWLEY and
RICHARD HAWLEY, husband and wife;
WILLIAM MARK SMITH and NADINE
SMITH, husband and wife; CHERYL
GRANT; TILL ORTIZ; THOMAS
PRIGMORE and SATOKO PRIGMORE,
husband and wife; ROBERT WALLA and
KRISTINE WALLA, husband and wife;
DARYL STUART and LAUREL STUART,
husband and wife; DOUGLAS SUNDBY and
CYNDI SUNDBY, husband and wife; CHRIS
STUART; MEGAN WALLA; THOMAS
HUBER; DAVID HUBER; DANIEL O'NEAL
and PATRICIA O'NEAL, husband and wife,
DALE HOLLINGSWORTH and RUTH
HOLLINGSWORTH, husband and wife;
SARAH HOLLINGSWORTH; NICOLE
TIEDEMAN and DERRY TIEDEMAN,
husband and wife; TRACY ZICKUHR and
SANDY ZICKUHR, husband and wife, and
ZOE ZICKUHR,

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NO.
COMPLAINT FOR INJURIES AND
DAMAGES

Plaintiffs,
v.

HENRI DUYZEND, D.D.S. and SHARON
DUYZEND, husband and wife,

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Defendants.
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PETERSON YOUNG PUTRA

COMPLAINT FOR INJURIES AND DAMAGES" 1

1501 FOURTH AVENUE, SUITE 2800
SEATILE, WASHINGTON 98101·1609
PHONE: [phone]
FAX: (206) 682·1415

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Plaintiffs allege as follows:
I.

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Parties

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1.1

Plaintiff Kathryn Cox is a resident of the State of Washington, residing in Seattle,

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1.2

Plaintiffs Richard Hawley and Beverly Hawley, husband and wife, are residents

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of the State of Washington, residing in Woodway.
1.3

Plaintiffs William Mark Smith and Nadine Smith, husband and wife, are residents

of the State of Washington, residing in Lynnwood.

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1.4

Plaintiff Cheryl Grant is a resident of the State of Washington, residing in Seattle,

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1.5

Plaintiff Jill Ortiz is a resident of the State of Washington, residing in Edmonds.

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1.6

Plaintiffs Thomas Prigmore and Satoko Prigmore, husband and wife, are residents

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of the State of Washington, residing in Lynnwood.
1.7

Plaintiffs Robert Walla and Kristine Walla, husband and wife, are residents of the

State of Washington, residing in Edmonds.
1.8

Plaintiffs Daryl Stuart and Laurel Stuart, husband and wife, are residents of the

State of Washington, residing in Shoreline.
1.9

Plaintiffs Douglas Sundby and Cyndi Sundby, husband and wife, are residents of

the State of Washington, residing in Brier.

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1.10

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Marysville,

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1.11

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Plaintiff Chris Stuart is a resident of the State of Washington, residing

III

Plaintiff Megan Walla is a resident of the State of Washington, residing in

Edmonds,
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Plaintiff Thomas Huber is a resident of the State of Washington, residing in

Bothell.
1.13

Plaintiff David Huber

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a resident of the State of California, residing in

Riverside.
1.14

Plaintiffs Daniel O'Neal and Patricia O'Neal, husband and wife, are residents of

PETERSON YOUNG PUTRA

COMPLAINT FOR INJURIES AND DAMAGES - 2

1501 FOURTH AVENUE, SUITE 2800
SEATTLE, WASHINGTON 98101-1609
PHONE: [phone]
FAX: [phone]

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the State of Washington, residing in Mill Creek.

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residents of the State of Washington, residing in Shoreline.

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Plaintiffs Dale Hollingsworth and Ruth Hollingsworth, husband and wife, are

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Plaintiff Sarah Hollingsworth is a resident of the State of Washington, residing in

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Plaintiffs Derry Tiedeman and Nicole Tiedeman, husband and wife, are residents

Seattle.

of the State of Washington, residing in Edmonds.
1.18

Plaintiffs Tracy Zickuhr and Sandra Zickuhr, husband and wife, are residents of

the State of Washington, residing in Edmonds.

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1.19

Plaintiff Zoe Ziclcuhr is a resident of the State of Arizona, residing in Phoenix.

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1.20

Defendants Henri F. Duyzend, DDS and Sharon Duyzend, husband and wife, are

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residents of the State of Washington. Dr. Henri Duyzend was a licensed Dentist who was

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practicing dentistry in Shoreline, King County, Washington at all times material to this case.
II.

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Jurisdiction and Venue

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2.1

Jurisdiction. This court has both personal and subject matter jurisdiction.

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2.2

Venue. Venue is proper in King County, Washington.

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2.3

Case Assignment Area. This case is properly assigned to the Seattle area, as this

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case involves events that occurred in Shoreline, IGng County, Washington.
2.4

Tolling of the Statute of Limitations. On March 3, 2011, defendants stipulated

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and agreed "that the Statute of Limitations will be tolled\collectively until January 1,2012 for all

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plaintiffs ... "

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2.5

Declaration regarding Arbitration. Plaintiffs have declined to submit this matter

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to arbitration under Chapter 7.70A RCW et seq., and the declaration required by

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RCW 7.70A.020(2)(a) is being filed contemporaneously with the filing of this Complaint. A

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copy of the Declaration of Ann H. Rosato, counsel for plaintiffs, is attached as Exhibit 1.

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PETERSON YOUNG PurRA

COMPLAINT FOR INJURIES AND DAMAGES - 3

1501 FOURTH AVENUE, SUITE 2800
SEATILE, WASHINGTON 98101-1609
PHONE: [phone]
FAX: [phone]

III.

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3.1

Facts

Defendant Henri Duyzend practiced dentistry at his office located in Shoreline,

King County, Washington beginning in approximately 1980 and until at least December 2007.
3.2

All plaintiffs were patients of defendant Dr. Duyzend and all plaintiffs underwent

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extensive dental treatment by defendant Dr. Duyzend at the office in Shoreline, King County,

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Washington.

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3.3

During the time that plaintiffs were patients of defendant Dr. Duyzend, defendant

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performed numerous dental procedures on plaintiffs, many o(which were not indicated and were

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unnecessary. Defendant Dr. Duyzend falsely represented to plaintiffs that all of the treatment he

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was performing was necessary to maintain plaintiffs' oral health.

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defendant's false representations in agreeing to and paying for the dental treatment

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recommended by defendant.

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3.4

Plaintiffs relied upon

Much of the dentistry pelformed on plaintiffs by defendant Dr. Duyzend fell

below the standard of care for a reasonably prudent dentist.

3.5

Defendant Dr. Duyzend failed to obtain plaintiffs' informed consent before

performing unnecessary dental procedures on plaintiffs in order to increase his profits.
3.6

Defendant Dr. Duyzend made false representations in plaintiffs' dental records by

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including unreported symptoms and information that plaintiffs did not convey, and by including

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inaccurate or false test results.

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3.7

unnecessary dental procedures, plaintiffs sustained injuries and damages.

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As a result of defendant Dr. Duyzend's negligence and performance of

IV.
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Negligence and Lack of Informed Consent

In his treatment of plaintiffs, defendant Henri Duyzend failed to exercise the

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degree of care, learning and slall expected of a reasonably prudent dentist in the State of

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Washington acting in the same or similar circumstances. Defendant Henri Duyzend's failure to·

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adhere to the standard of care was a proximate cause of plaintiffs' damages.

PETERSON YOUNG PurRA

COMPLAINT FOR INJURlES AND DAMAGES - 4

1501 FOURTH AVENUE. SUITE 2800
SEATILE. WASHINGTON 98101·1609
PHONE: [phone]
FAX: (206) 682·1415

4.2

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Dr. Duyzend also failed to obtain plaintiffs' informed consent before performing

unnecessary dental procedures in order to increase his profits.

V.

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Fraud

Defendant Dr. Duyzend committed common law fraud in his treatment of

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plaintiffs by engaging in the acts and representations described in paragraphs 3.1 through 3.7

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above.

VI.

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6.1

Consumer Protection Act Violations

Defendant Dr. Duyzend's acts and representations as described in paragraphs 3.1

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through 3.7 above constitute unfair and deceptive acts or practices in the conduct of trade or

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commerce which affect the public interest within the meaning of the Washington Consumer

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Protection Act, RCW 19.86 et seq.

VII.

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7.1

Damages

As a result of defendant Dr. Duyzend's negligence, failure to obtain informed

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consent, violations of Washington's Consumer Protection Act and fraud, plaintiffs sustained

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injuries and are entitled to recover damages, including but not limited to the following: past and

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future medical, dental and related expenses, past and future earnings loss, past and future pain,

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suffering, disability, disfigurement, inconvenience and loss of enj oyment of life.

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7.2

Defendant is liable for plaintiffs' reasonable attorneys' fees and treble damages

pursuant to the Washington Consumer Protection Act.

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VIII. Relief Requested

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Plaintiffs pray for the judgment against defendants for:

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8.1

Economic and noneconomic damages in amounts to be proven at the time of trial;

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8.2

Treble damages pursuant to RCW 19.86.090;

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8.3

For plaintiffs' reasonable costs and attorney's fees; and

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8.4

For such other and further relief as the Court deems just and proper.

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PETERSON YOUNG PUfRA

COMPLAINT FOR INJURIES AND DAMAGES - 5

1501 FOURTH AVENUE, SUITE 2800
SEATILE, WASHINGTON 98101-1609
PHONE: [phone]
FAX: [phone]

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DATED this

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day of September, 2011.

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PETERSON YOUNG PUTRA

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Ann!Rosato, WSBA No. 32888
Michael S. Wampold, WSBA No. 26053
Attorneys for Plaintiffs

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PETERSON YOUNG PUTRA

COMPLAINT FOR INJURIES AND DAMAGES - 6

1501 FOURTH AVENUE, SUITE 2800
SEATILE, WASHINGTON 98101-1609
PHONE: [phone]
FAX: [phone]