1

Zachary Barnes
LDSBC Law Firm
2345 E 1800 S
SLC, UT 84101

3
4

SECOND DISTRCT COURT OF SUMMIT COUNTY

STATE OF UTAH

6
7

Plaintiff,

8
vs.

9
10

Congden,
Defendant

11
12
13

) Case No.: No. _______

)
) COMPLAINT
)
)
)
)
)
)
)

Amache,

Plaintiff, Amache, hereby complains against defendant Congden, demanding trial

by jury, seeks relief as follows:

14

NATURE OF CASE

15

1. This is a personal injury case. Through this complaint Amache seeks to

16

recover more than $200,000 of damages caused by Congdens failure to act. Amache

17

suffered sever injuries due to Congdens actions and inactions and therefore we are

18

seeking to recover for medical bills, loss of wages from work absence, and pain and

19

suffering damages.

20

JURISDICTION AND VENUE

21

2. The Second Judicial District Court in and for Summit County, State of Utah,

22

has jurisdiction of the claims asserted below pursuant to the provisions of 78A-5-

23

102, Utah Code Ann.

24

3. Venue is properly laid before the Fourth Judicial District Court in and for

25

Wasatch County, State of Utah, pursuant to the provisions of 78B-3-307, Utah Code

26

Ann, in that the causes of action alleged below arose within Wasatch County, State of

27

Utah.

28

Amache v. Congden - 1

1
2

FACTS
4. Leroy Cogden and his wife Margie are the owners and managers of Maple Meadows

Campground. It was the busiest time of the year for them and they were informed that

some of the electrical outlets in the camp sites were not functioning properly. The

repairs were going to require the Cogdens to close sites 30 through 39 until repairs

could be made. They did not want to cancel those reservations for those sites so they

postponed the repairs until Sept 7, 2016 and scheduled that with an electrician.

8
9
10
11

5. For the mean time Mr. Cogden ran an extension cord from the outlet at site 40
to the sites with faulty electrical outlets. The extension chord was broken in several
places, which Mr. Cogden knew, and he still place the chord.
6. The Amaches arrived in camp site 36 and their six-year-old son Zach went off

12

to play around the site. He stumbled across the broken chord and pulled it away into a

13

grassy area. The Amaches then noticed a flickering behind their camper and upon

14

inspection found their son Zach trapped in the grass surrounded by fire. Mr. Amache

15

saved their son from the fire but was burned severely in the process.

16

CLAIM FOR RELIEF

17
18

NEGLIGENCE
7. Cogden was required as a business owner and manager of a campsite to exercise

19

reasonable care and diligence to ensure that they site was safe for all ages. The

20

defendant breached their duty of care by failure to notify the Amache family of the

21

electrical malfunction and danger at the camp site they were directed to.

22

8. As a direct proximate cause of the Defendants action actions above,

23

Plaintiffs have suffered, continue to suffer, and will suffer in the future, injuries,

24

including pain of body and mind, medical treatment, lost wages, disability,

25

disfigurement, and loss of consortium.

26
27
28

JURY TRIAL DEMANDED

Amache v. Congden - 2

1
2

9. Plaintiffs hereby request that this matter be tried to a jury and Plaintiffs
have submitted their jury fee herewith

3
4
5

REQUESTS FOR RELIEF

WHEREFORE, Plaintiffs request relief against Defendants as follows,
I.

Carl Amache requests the following relief:

a. General damages for pain and suffering in an amount to be proven

at trial

b. Past and future medical expenses in an amount to be proven at

trial. Current medical bills to date are $75,000.00

10

c. Past and future economic loss in an amount to be proven at trial.

11

Current losses incurred from lack of wages and business are

12

$25,000.00

13

d. Permanent impairment, disability, and disfigurement in an amount

14

to be proven at trial. Summary of injuries that have been noted

15

currently are and are not limited to, severe burns on both legs,

16

feet, hands, and arms.

17

e. Costs of suit and such further relief as the court deems just and

18
19
20
21
22
23
24

proper.
II.

Zoe Amache requests the following relief:

a. Loss of consortium of her husband, Carl Amache in an amount to be
proven at trial.
b. Costs of suit and such further relief as the court deems just and
proper.
Dated this 19rd day of Oct, 2016

25

LDSBC
Zachary Barnes

26
27
28

Amache v. Congden - 3