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s <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10, <br />11 <br />:2 <br />13 <br />I4 <br />IS <br />16 <br />17 <br />IS <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />z5 <br />26 <br />n <br />28 <br />29 <br />30 <br />31 <br />32 <br />Ilagent, servant and employee of the other defendant, and acted <br />with.in the course and scope of such status and f.or the benefit <br />lof th�a other defendant. <br />6. Landlord is the true and lawl:ul owner of. a certain <br />�commerc.ial building located at 221 SE Everett Mall Wa}�, <br />�Everett, and Scott is a tenant in the lower floor of th:nt <br />�building. <br />7. Said premises are located a3jacent to the busiaess <br />location of Nielsen, and separated therefrom by a small stream <br />which drains approximately 200 acres of land. Both buildingc <br />front on Everert Mall way. Between the buildings the small <br />stream enters a culvert through which it normally flows under <br />Everett Mall Way. Said culvert is a part of a general drainage <br />system maintained for the public good by the City o£ Everett, <br />and both City and Nielsen have a duty to :naintain the same in <br />good working order. <br />8. During the several months immediately prior to <br />November 24, 1990, defendants negligently failed to maintain <br />and monitor the condition of said culvert and the approaches <br />thereto, and negligently allowed an accumulation of scraps of <br />carpet and other debris from Nielsen's business and other <br />sources to develop at and near the entrance to said culvert. <br />9. On or about November 24, 1990, during a severe <br />rainstorm, the said carpet and debris cloqged the culvert and <br />COMPLAINT, NEGL AND PROP UAM -- 2 <br />FLUDCPLT/JMH59 <br />lAW OFFIC.ES O� <br />10HN M. HAGGERTY, INC., P.S. <br />?21 S.E. EVCR[TT WlL NNY. AO <br />EVERETT.MMSMINGTON 9q0� <br />ROl� 1110H/ EVEa[7T <br />(SOq 7aNEl6 SFAT�E <br />