D. BRIAN BOGGESS, No. 9990 3610 N. University Ave., Suite 275 Provo, Utah 84604 Telephone: (385)248-5700 Fax: (855)675-2674 Email: bboggess@boggesslawgroup.com Attorney for Plaintiffs IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH LORIE JEAN KENDALL RICKS, individually and as authorized representative of THE ESTATE OF KAY COMPLAINT and JURY DEMAND PORTER RICKS, v. Plaintiff, Case No.: UTAH TRANSIT AUTHORITY, a political subdivision of the State of Utah, by and through its Board of Trustees; THE ESTATE OF FLINT WAYNE HARRISON, an individual; DERECK JAMES HARRISON; and JOHN DOES I- XXX and DOE ENTITIES I-XXX, Honorable Judge Commissioner Defendants. COMES NOW, the Plaintiff, LORIE JEAN KENDALL RICKS, individually and as authorized representative of THE ESTATE OF KAY PORTER RICKS, by and through her attorneys, D. Brian Boggess and Boggess Law Group, and for causes of action against UTAH TRANSIT AUTHORITY, a political subdivision of the State of Utah, by and through its Board of Trustees, hereby complains, alleges, avers as follows: PARTIES AND JURISDICTION 1. Plaintiff LORIE JEAN KENDELL RICKS (hereinafter Mrs. Ricks or Plaintiff ) was and is, at all times material, a resident of County of Utah, State of Utah. 2. Defendant UTAH TRANSIT AUTHORITY (hereinafter UTA or Defendant ) was Complaint Page 1
created pursuant to the Utah Limited Purpose Local Government Entities - Local Districts Act, Title 17B, Chapter One and the Utah Public Transit District Act, Chapter 2(a), Part 8 of the Utah Code Annotated 1953, as amended (the Act ), and is a public transit district organized under the laws of the State of Utah. 3. UTA, comprised of its Board of Trustees (the Board ), officers, management and employees, is a political subdivision of the State of Utah; with those powers specifically granted in the Act and with implied powers necessary to carry out the objectives and purposes of a public transit district. 4. At all times relevant hereto, UTA conducted its business within the State of Utah. 5. Upon information and belief, Defendant THE ESTATE OF FLINT WAYNE HARRISON is based in Utah and Wyoming. Flint Wayne Harrison died of an apparent suicide while in David County Jail in July, 2016. 6. Upon information and belief, Defendant Dereck James Harrison is a resident of Utah currently serving a life sentence in the Wyoming State Prison System. 7. All events giving rise to this Complaint occurred in Salt Lake County, Utah, and venue in this Court is proper. 8. The true names and capacities, whether partnership, individual, corporate, associate or otherwise of Defendants John Does I through XXX and Doe Entities I through XXX, inclusive, are unknown to Plaintiff at this date; that said Defendants are named herein by fictitious names, but may be responsible or liable to the Plaintiff by virtue of the actions hereinafter described and Plaintiff reserves the right to amend her Complaint to insert any additional charging allegations, together with their true identities and capacities, when the same have been ascertained. 9. Plaintiff is informed, believes and therefore alleges that at all times herein mentioned, Complaint Page 2
Defendants and each of them, were the agent, partner, employee and/or alter-ego of each other, and in doing the things herein alleged, were acting within the course and scope of said agency, partnership, or relation, with the permission and consent of their codefendants, and that each of them were working as a single entity and enterprise. FACTS COMMON TO ALL CAUSES OF ACTION 10. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 9 above 11. Kay Porter Ricks ( Mr. Ricks ) was hired as a full-time employee by UTA on or about October 11, 2010. 12. He was hired as a maintenance worker, and assigned to the swing shift, during which he would perform maintenance services at various UTA bus and train stops and other assigned locations during or after normal operating hours. 13. Mr. Ricks assigned shift often required him to be alone at UTA locations in downtown Salt Lake City. 14. The UTA Board has the power and responsibility to promulgate any and all resolutions, orders and ordinances as it deems necessary for the operation and administration of UTA, including the health, welfare and protection of UTA employees. 15. Upon information and belief, on numerous occasions, UTA employees performing maintenance similar to Mr. Ricks, in locations similar to those serviced by Mr. Ricks, were threatened, assaulted or harmed by vagrants and other individuals in the area of the UTA work sites. 16. Upon information and belief, UTA employees had repeatedly made UTA management aware of the dangers posed to UTA maintenance employees by their working alone in unsafe areas. Complaint Page 3
17. Upon information and belief, various Union representatives raised concerns to UTA management before the events which gave rise to this Complaint about the danger of UTA maintenance employees working alone in certain locations, including those locations serviced by Mr. Ricks. 18. Notwithstanding UTA s knowledge of the risks of its employees working alone in unsafe locations, UTA failed or refused to assign a second employee or apprentice trainee to work with its maintenance employees. 19. Further, although global positioning system ( GPS ) units are inexpensive and common, and their placement in corporate vehicles is now standard across the country, UTA failed or refused to place a GPS receiver in its maintenance trucks. 20. What UTA did offer its employees, during swing or overnight shifts and otherwise, was a panic button on UTA-issued communication devices. Unfortunately, the panic buttons are only as good as the support staff monitoring those communications. 21. Upon information and belief, UTA failed to provide adequate training, supervision or attention to the receiving end of panic button communications, such that a distress signal sent via a panic button by Mr. Ricks was not received or acknowledged in anything close to a timely, reasonable manner. 22. These failures on the part of UTA and its Board, to implement a policy requiring a second employee to be with maintenance employees, to install GPS receivers in UTA maintenance vehicles and to monitor and respond to a distress signal, would prove to have deadly consequences. 23. On May 12, 2016, Kay Porter Ricks was working his usual swing shift performing maintenance at the UTA Ballpark TRAX Station located at 1300 S. 200 West in Salt Lake City, Utah. Complaint Page 4
24. He was working out of his UTA Maintenance Vehicle, number 12659, a white 2013 F- 150 with a truck bed mounted equipment rack, UTA markings and bearing Utah license plate number 206886EX. His UTA Maintenance Vehicle was not equipped with a GPS unit. 25. At some time around 5:00 p.m., May 12, 2016, Mr. Ricks was approached by Flint Wayne Harrison and Defendant Dereck James Harrison (the Harrisons ), a father and son who were the subject of a statewide manhunt for unrelated crimes. 26. The Harrisons had been staying at a hotel two (2) miles from the Ballpark TRAX Station, where Ricks was working. 27. Mr. Ricks attempted to make a distress transmission on his UTA-issued radio, and sounds of commotion were transmitted before it was turned off about 5 p.m. Mr. Rick s voice sounded hurried and higher pitched, as if he were stressed. 28. UTA failed to respond to the distress signal. 29. Mr. Ricks assailants kidnaped him, forcing him into his UTA Maintenance Vehicle and driving east along I-80 until they crossed the Wyoming border sometime around 6:30 p.m. 30. While it is unknown how the Harrisons kidnaped Mr. Ricks, crime scene investigators have noted that Ricks suffered an injury to his right temple well-prior to his death. 31. Less than an hour after entering Wyoming, Mr. Ricks and the Harrisons arrived in the Little Muddy Creek area, the Harrisons assaulted Ricks for eighteen (18) minutes, savagely beat him in the face and head, slashed his throat, dragged him behind sagebrush and left him to die. 32. Afterward, the Harrisons used fluorescent green spray paint to hide the UTA logo on Mr. Ricks' work truck, then drove about 15 miles north to Diamondville, Wyoming, where Complaint Page 5
they stopped at an Arctic Circle drive-thru before continuing north to Pinedale, Wyoming. 33. Police officers found the body of Mr. Ricks near a dirt road five days later, on May 17. He had somehow survived the beating, and had crawled or dragged himself out of the sagebrush in hopes of being found. 34. An autopsy reported that Mr. Ricks ultimately died from "crushing wounds" to his face and head, ostensibly from the Harrisons repeatedly hitting him in the face and head with a blunt object, "which was swung with great accuracy and control." 35. It has since been learned that the object was one of the tools from Mr. Ricks UTA Maintenance Vehicle. 36. The UTA truck was found near Half Moon Lake, near Pinedale, Wyoming, and the Harrisons were arrested a few days after Mr. Ricks' body was found. FIRST CAUSE OF ACTION (Negligence as to UTA) 37. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 36 above 38. Defendant UTA owed Kay Ricks a duty of care to ensure that he could perform his maintenance services in a safe manner, protected from injury or death from kidnaping or other assaults from others. 39. Defendant UTA breached this duty to Mr. Ricks by failing to assign a second employee or apprentice trainee to work with him in locations that UTA knew or should have known could be dangerous to Ricks and its other employees. 40. Defendant UTA breached this duty to Mr. Ricks by failing to install GPS equipment on his UTA Maintenance Vehicle, which could have pinpointed the location of the truck and Complaint Page 6
Mr. Ricks long before he suffered the injuries which ultimately caused his death. 41. Defendant UTA breached this duty to Mr. Ricks by failing to adequately respond to the distress signals sent by Mr. Ricks as he was being accosted by the Harrisons, and by failing to have systems in place to rapidly respond to such situations. 42. As a direct and proximate result of the negligence and carelessness of UTA s decisions and conduct, Mr. Ricks suffered immensely at the hands of the Harrisons, and ultimately lost his life. 43. As a direct and proximate result of the negligence and carelessness of UTA s decisions and conduct, Mrs. Ricks has suffered significant damages, including loss of consortium, loss of financial and emotional support and emotional distress. 44. Mr. Ricks injuries and death have prevented him from engaging in his usual activities and have prevented him from being part of the lives of his family and friends. 45. Therefore, Mrs. Ricks has been damaged as a direct and proximate result of UTA s conduct as more fully set forth below. 46. Plaintiff has been required to secure the services of an attorney to prosecute this action and is entitled to an award for her reasonable attorneys fees and costs of court incurred herein. SECOND CAUSE OF ACTION (Willful Misconduct as to all Defendants) 47. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 46 above 48. Defendants Flint Wayne Harrison and Dereck James Harrison willfully and wantonly kidnaped, assaulted, savagely beat and murdered Kay Porter Ricks. 49. As a direct and proximate result of their willful and wrongful acts, Kay Ricks suffered Complaint Page 7
needless death and Mrs. Ricks suffered needless damages, as more fully set forth below. 50. Despite actual knowledge of the risks to UTA employees in working alone in dangerous areas, UTA, knowingly and with the knowledge that it was potentially harmful, sent Kay Ricks, without adequate warning or protection, to perform his maintenance services at the Ballpark TRAX Station alone, without the benefit of a GPS system in his UTA Maintenance Vehicle. 51. Once Mr. Ricks was in distress, and utilized his UTA-issued communication device to send out a call for help, UTA, knowingly and with the knowledge that said failure to respond would result in harm to Mr. Ricks, failed to take adequate action to protect or save Mr. Ricks from his assailants. 52. UTA knew or should have known, to a substantial certainty, that Kay Ricks and/or other employees would be assaulted, kidnaped, injured or killed so long as those employees were working alone, their UTA vehicles did not have GPS capabilities, and UTA failed to properly monitor its communications from employees to ascertain and respond to distress calls. 53. As a direct and proximate result of UTA s knowing and willful acts, Kay Ricks suffered needless death and Mrs. Ricks suffered needless damages, as more fully set forth below. 54. Plaintiff has been required to secure the services of an attorney to prosecute this action and is entitled to an award for her reasonable attorneys fees and costs of court incurred herein. THIRD CAUSE OF ACTION (Intentional Non-Feasance as to UTA) 55. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 55 above Complaint Page 8
56. UTA, as the employer of Kay Ricks, as the entity or individual who created the risk and caused the harm to Kay Ricks, as the controller of the information concerning the danger to UTA employees from persons at various UTA work sites, and as a result of the promises and commitments made in UTA s contract and policy documentation owed a duty of care to Kay Ricks to warn him or the dangers and hazards of working alone, to minimize the dangers and hazards, and to take reasonable and prompt steps to assist Kay Ricks and its other employees in the event of assault or threat from other individuals. 57. UTA willfully and knowingly failed to warn Kay Ricks of the dangers and hazards, failed to minimize the damages and hazards, and failed to take reasonable and prompt steps to assist Kay Ricks when he was faced with assault or other threat. 58. As a direct and proximate result of UTA s knowing and willful breach of its duties to him, Kay Ricks suffered needless death and Mrs. Ricks suffered needless damages, as more fully set forth below. 59. Plaintiff has been required to secure the services of an attorney to prosecute this action and is entitled to an award for her reasonable attorneys fees and costs of court incurred herein. FOURTH CAUSE OF ACTION (Wrongful Death as to all Defendants) 60. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 59 above 61. As more fully set forth above, Defendants engaged in wrongful, intentional and/or negligent acts or omissions which resulted in the death of Kay Ricks. 62. Mrs. Ricks, as the surviving spouse and personal representative of Kay Ricks, is the proper person to seek redress under UCA 78B-3-106. Complaint Page 9
63. As a direct and proximate result of Defendants wrongful, intentional and/or negligent acts, Kay Ricks suffered needless death and Mrs. Ricks suffered needless damages, as more fully set forth below. 64. Plaintiff has been required to secure the services of an attorney to prosecute this action and is entitled to an award for her reasonable attorneys fees and costs of court incurred herein. FIFTH CAUSE OF ACTION (Loss of Spousal Consortium) 65. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 64 above 66. Defendant UTA s conduct as set forth herein resulted in the death of Kay Ricks. 67. The death of Kay Ricks has resulted in a loss of spousal consortium to Mrs. Ricks, his wife. 68. As a result of Kay Ricks death, Mrs. Ricks has been deprived of the love, companionship, society, solace and other attributes that make for the traditional marriage to Kay Ricks which she enjoyed prior to the events of May 12, 2016. 69. Mrs. Ricks has endured the shock, sadness and anguish of losing her husband, partner, best friend and provider. 70. Mrs. Ricks is entitled to recover an award for her loss of spousal consortium, in an amount to be proved at trial. 71. Plaintiff has been required to secure the services of an attorney to prosecute this action and they are entitled to an award for their reasonable attorneys fees and costs of court incurred herein. Complaint Page 10
SIXTH CAUSE OF ACTION (Damages) 72. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 71 above 73. As a direct and proximate cause of the acts and omissions of the Defendants complained of herein, the Plaintiff has suffered special damages and general damages in a sum subject to proof at trial. 74. As a direct and proximate result of the acts and omissions of Defendants, Kay Ricks lost his life and the Plaintiff has incurred the following damages: a. Funeral and burial expenses for Kay Ricks; b. Past and future physical pain and suffering for the loss of Kay Ricks; c. Past and future emotional pain and suffering for the loss of Kay Ricks; d. Past and future loss of enjoyment of life; e. Past and future lost household services which would otherwise have been provided by Kay Ricks; f. Loss of earnings and earning capacity which would otherwise have been provided by Kay Ricks; g. Loss of spousal consortium from the loss of Kay Ricks; h. Loss of care, companionship and guidance from the loss of Kay Ricks; i. Past and future special damages; j. Past and future general damages; and k. Punitive damages. /// Complaint Page 11
WHEREFORE, Plaintiff respectfully requests judgment as follows: 1. For special damages in an amount to be proven at trial; 2. For general damages in an amount to be proven at trial; 3. For exemplary and punitive damages in an amount to be proven at trial; 4. For Plaintiff's attorneys fees and costs of suit incurred herein; and 5. For such other and further relief as to the Court may appear just and equitable. th DATED this 11 day of May, 2018. /s/ D. Brian Boggess D. BRIAN BOGGESS Attorney for Plaintiff Complaint Page 12
DEMAND FOR JURY TRIAL Plaintiff demands that all of the above issues and allegations be tried by jury. th Dated this 11 day of May, 2018. /s/ D. Brian Boggess D. Brian Boggess, Esq. Complaint Page 13