Attorney For Plaintiffs: Complaint

Paul M.
Simmons (4668)
[email protected]
DEWSNUP KING OLSEN WOREL
HAVAS MORTENSEN
36 South State Street, Suite 2400
Salt Lake City, Utah 84111-0024
Telephone: (801) 533-0400
Attorney for Plaintiffs
IN THE FOURTH JUDICIAL DISTRICT COURT
UTAH COUNTY, STATE OF UTAH
CHEN WANGSHENG and HAO SHIYU,

the surviving father and mother of KEDI COMPLAINT
CHEN, deceased, for themselves and the
heirs and estate of KEDI CHEN, Case No.
Plaintiffs, Judge:
v. TIER 3
SUMMIT INTERNATIONAL
EDUCATION, LLC, dba SELNATE
INTERNATIONAL SCHOOL; JD
LANGUAGES LLC, dba SELNATE
INTERNATIONAL SCHOOL; SMALL
WORLD LINK, LLC; NISHIYAMATO,
INC.; NISHIYAMATO EDUCATIONAL
INC.; PROVO CITY, a Utah municipality;
UTAH COUNTY, a political subdivision of
the State of Utah; and STATE OF UTAH,
Defendants.
Plaintiffs, Chen Wangsheng and Hao Shiyu, for themselves and the heirs and estate
of Kedi Chen, through their counsel, complain of Defendants and allege as follows:
1
PARTIES
1. The Plaintiffs, Chen Wangsheng and Hao Shiyu (the “Chens”), are husband
and wife and are the parents of Kedi Chen, deceased. The Chens are Chinese nationals
living in Japan. They bring this action on behalf of themselves and the heirs and estate of
Kedi Chen.
2. Defendant Summit International Education, LLC, is a Utah limited liability
company with its principal place of business in Utah County that, at all times relevant to
this action, was doing business in Utah County as Selnate International School.
3. On information and belief, Defendant JD Languages LLC dba Selnate
International School is a Utah limited liability company with its principal place of
business in Utah County. On information and belief, JD Languages LLC is the successor
in interest to Summit International Education, LLC, dba Selnate International School.
4. Defendant Small World Link, LLC, is a Utah limited liability company with
its principal place of business in Utah County.
5. On information and belief, Defendants Summit International Education,
LLC, dba Selnate International School; JD Languages LLC dba Selnate International
School; and Small World Link, LLC (collectively, the “Selnate Defendants”), are related
entities that are the alter egos of one another and are jointly and severally liable for the
death of Kedi Chen.
6. Defendant Nishiyamato, Inc., is a California nonprofit public benefit
corporation with its principal place of business in California.
7. Defendant Nishiyamato Educational Inc. is a California corporation with its
principal place of business in California.
2
8. On information and belief, Defendant Nishiyamato, Inc., or Defendant
Nishiyamato Educational Inc., or both (collectively, the “Nishiyamato Defendants”) own
and operate Nishiyamato Academy of California, a private Japanese international day
school offering education from kindergarten through middle school, with its principal
place of business in southern California. Nishiyamato Academy of California is a sister
school of Nishiyamato Gakuen Junior High School in Japan.
9. Defendant Provo City is a municipal corporation organized under the laws
of Utah.
10. Defendant Utah County is a political subdivision of the State of Utah.
11. Defendant State of Utah is a sovereign state of the United States of America.
12. On information and belief, Defendants Provo City, Utah County, State of
Utah or some combination of them own, manage, maintain, and operate Bridal Veil Falls
in Utah County, Utah. Defendants Provo City, Utah County, and the State of Utah will be
referred to jointly and severally as the “Government Defendants.”
JURISDICTION
13. This Court has jurisdiction over this matter pursuant to section 78A-5-
102(1) of the Utah Code.
14. Notice of the Plaintiffs’ claim was timely given to the Government
Defendants under the Utah Governmental Immunity Act, sections 63G-7-101 through
63G-7-904 of the Utah Code.
3
TIER
15. The Plaintiffs’ damages are such as to qualify for Tier 3 standard discovery
under Utah Rule of Civil Procedure 26(c)(3).
GENERAL ALLEGATIONS
16. In the fall of 2016, the Plaintiffs’ son, Kedi Chen (also known as “Kachi”) was
a fourteen-year-old student at Nishiyamato Gakuen Junior High School, a prestigious
school in Japan.
17. In October 2016, Kedi came to the United States as part of a school trip.
18. On information and belief, the school trip was organized, directed, and
supervised by the Nishiyamato Defendants.
19. On information and belief, the Nishiyamato Defendants contracted with the
Selnate Defendants to organize, direct, and supervise the Utah portion of the school trip.
20. The Selnate Defendants selected and approved Brandon and Mary Reas of
Springville, Utah, as a host family for the Utah portion of the trip and assigned Kedi to the
Reas family.
21. Brandon and Mary Reas acted as agents of the Selnate Defendants in caring
for and protecting Kedi while he was in Utah.
22. Kedi arrived with his classmates in Provo, Utah, on Friday evening, October
28, 2016. Kedi was introduced to the Reases, who took him to their home that evening,
where he was to live while in Utah.
23. The next day, Saturday, October 29, Mr. Reas took Kedi skateboarding up
Provo Canyon. Mr. Reas then took Kedi to climb Bridal Veil Falls in the south end of
Provo Canyon.
4
24. Bridal Veil Falls is a dangerous hike. There are no guardrails or safety
measures to protect hikers, and, in October 2016, there were no warning signs to warn
hikers of the dangers. The falls make the rocks slippery.
25. Mr. Reas and Kedi climbed to the top of the falls. On the way down, Mr.
Reas slipped and fell to his death, leaving fourteen-year-old Kedi all alone.
26. Kedi tried to hike down the falls alone, but he also slipped and fell, hitting
the rocks below.
27. As a result of the fall, Kedi sustained serious and painful injuries.
28. Kedi died as a result of the injuries he sustained in the fall.
29. Kedi was the Plaintiffs’ only child. They invested a great deal of money, love,
support, and care in him and his education and wanted him to succeed in life. They also
anticipated that he would care for them when he became an adult and they aged.
30. As a result of Kedi’s death, the Plaintiffs have suffered the loss of his
affection, society, and companionship, loss of the comfort and pleasure they would have
received from his continued life, loss of his care and solicitude for the welfare of the family,
loss of support, and loss of his assistance and service to the family.
31. In addition, the Plaintiffs have incurred expenses in traveling to Utah to
collect Kedi’s body and in taking him back to Japan, as well as the expenses of his funeral
and cremation.
FIRST CLAIM FOR RELIEF
32. The Plaintiffs incorporate by reference the preceding paragraphs as if fully
set forth herein.
5
33. The Selnate Defendants owed a duty to Kedi Chen and the Plaintiffs and
stood in loco parentis with respect to Kedi while he was in Utah.
34. The Selnate Defendants breached the duties they owed to Kedi Chen and the
Plaintiffs. Their negligence included, without limitation, negligence in selecting, training,
and supervising Kedi’s host family and in placing Kedi with the Reas family.
35. Brandon Reas lacked the experience, judgment, and knowledge necessary
for leading a young foreign exchange student on a hike like the Bridal Veil Falls hike.
36. Brandon and Mary Reas acted as agents of the Selnate Defendants in serving
as a host family for Kedi.
37. The Selnate Defendants are also vicariously liable for any negligence of the
Reas family.
38. The negligence of the Selnate Defendants and their agents was a proximate
cause of Kedi’s injuries and death and the Plaintiffs’ harms and losses.
SECOND CLAIM FOR RELIEF
set forth herein.
40. The Nishiyamato Defendants owed a duty to Kedi Chen and the Plaintiffs.
41. The Nishiyamato Defendants breached the duties they owed to Kedi and the
Plaintiffs.
42. The Nishiyamato Defendants’ negligence included, without limitation,
negligence in selecting the Selnate Defendants as their agents for the Utah portion of the
trip and in training and supervising the Selnate Defendants.
6
43. The Nishiyamato Defendants’ negligence was a proximate cause of Kedi’s
injuries and death and the Plaintiffs’ harms and losses.
THIRD CLAIM FOR RELIEF
set forth herein.
45. The Government Defendants owed a duty to those visiting Bridal Veil Falls.
46. The Government Defendants breached the duties they owed to Kedi Chen
and Brandon Reas.
47. The Government Defendants’ negligence included, without limitation,
negligence in not adequately warning about conditions at the falls and the dangers
involved in hiking the falls without adequate equipment or experience, negligence in not
providing adequate protections for those hiking the falls, and failing to use reasonable
care to make the falls reasonably safe for those using them, to limit access to the upper
falls, or to warn of the dangers associated with hiking the falls.
48. The Government Defendants’ negligence was a proximate cause of Kedi’s
injuries and death and the Plaintiffs’ harms and losses.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray for relief as follows:
a. For special damages for all medical, funeral, cremation, and related
expenses incurred and for loss of future support;
b. For general damages for the conscious pain and suffering of Kedi Chen
between the time he was left alone and the time he died;
7
c. For general damages for the wrongful death of Kedi Chen, including, but not
limited to, the loss of his love, society, and companionship;
d. For pre- and post-judgment interest to the extent allowed by law;
e. For costs, expenses, and attorney’s fees to the extent allowed by law; and
f. For such other and further relief as may be just and proper under the
circumstances.
Dated this 17th day of October, 2018.
DEWSNUP KING OLSEN WOREL

HAVAS MORTENSEN
/s/ Paul M. Simmons

Paul M. Simmons
Attorney for Plaintiffs
Plaintiffs’ address:
c/o Dewsnup King Olsen Worel Havas Mortensen
36 South State Street, Suite 2400
Salt Lake City, UT 84111

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Paul M.

Attorney for Plaintiffs

IN THE FOURTH JUDICIAL DISTRICT COURT

UTAH COUNTY, STATE OF UTAH

CHEN WANGSHENG and HAO SHIYU,

2. Defendant Summit International Education, LLC, is a Utah limited liability

3. On information and belief, Defendant JD Languages LLC dba Selnate

in interest to Summit International Education, LLC, dba Selnate International School.

its principal place of business in Utah County.

5. On information and belief, Defendants Summit International Education,

death of Kedi Chen.

6. Defendant Nishiyamato, Inc., is a California nonprofit public benefit

corporation with its principal place of business in California.

7. Defendant Nishiyamato Educational Inc. is a California corporation with its

principal place of business in California.

Nishiyamato Educational Inc., or both (collectively, the “Nishiyamato Defendants”) own

and operate Nishiyamato Academy of California, a private Japanese international day

place of business in southern California. Nishiyamato Academy of California is a sister

school of Nishiyamato Gakuen Junior High School in Japan.

9. Defendant Provo City is a municipal corporation organized under the laws

10. Defendant Utah County is a political subdivision of the State of Utah.

referred to jointly and severally as the “Government Defendants.”

102(1) of the Utah Code.

63G-7-904 of the Utah Code.

under Utah Rule of Civil Procedure 26(c)(3).

a fourteen-year-old student at Nishiyamato Gakuen Junior High School, a prestigious

supervised by the Nishiyamato Defendants.

for and protecting Kedi while he was in Utah.

where he was to live while in Utah.

hikers of the dangers. The falls make the rocks slippery.

the rocks below.

28. Kedi died as a result of the injuries he sustained in the fall.

31. In addition, the Plaintiffs have incurred expenses in traveling to Utah to

FIRST CLAIM FOR RELIEF

32. The Plaintiffs incorporate by reference the preceding paragraphs as if fully

set forth herein.

stood in loco parentis with respect to Kedi while he was in Utah.

Plaintiffs. Their negligence included, without limitation, negligence in selecting, training,

as a host family for Kedi.

SECOND CLAIM FOR RELIEF

39. The Plaintiffs incorporate by reference the preceding paragraphs as if fully

set forth herein.

42. The Nishiyamato Defendants’ negligence included, without limitation,

trip and in training and supervising the Selnate Defendants.

injuries and death and the Plaintiffs’ harms and losses.

THIRD CLAIM FOR RELIEF

44. The Plaintiffs incorporate by reference the preceding paragraphs as if fully

set forth herein.

and Brandon Reas.

47. The Government Defendants’ negligence included, without limitation,

falls, or to warn of the dangers associated with hiking the falls.

48. The Government Defendants’ negligence was a proximate cause of Kedi’s

injuries and death and the Plaintiffs’ harms and losses.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray for relief as follows:

expenses incurred and for loss of future support;

limited to, the loss of his love, society, and companionship;

d. For pre- and post-judgment interest to the extent allowed by law;