FILED

Electronically
CV23-00545
2023-03-29 01:18:13 PM
Alicia L. Lerud
Clerk of the Court
1 Luke Busby, Esq. Transaction # 9584137 : yviloria
Nevada State Bar No. 10319
2 316 California Ave 82.
Reno, NV 89509
3 775-453-0112
[email protected]
4 Attorney for the Plaintiff

8 IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA

9 IN AND FOR THE COUNTY OF WASHOE
10
***
11

12 MAUREEN HVEGHOLM, an individual,

Case No.
13 Plaintiff,
14 vs. Dept. No.
15 TIMOTHY EGAN, an individual,
Exempt from Arb. NAR 3(A)
16 Defendant. Over $50,000
17 _____________________________________/
18
COMPLAINT
19

20 COMES NOW, MAUREEN HVEGHOLM, an individual (“Hvegholm” or

21 “Plaintiff”) by and through the undersigned counsel, and hereby brings this action

22 against TIMOTHY EGAN (“Egan” or the Defendant”), and individual, DOE

23 INDIVIDUALS 1-10, and ROE COMPANIES 1-10 for damages to Hvegholm resulting

24 from Defendant’s abuse of Hvegholm on December 8, 2022, in Sparks, Nevada.

25 PARTIES
26 1. At all times relevant to this proceeding, Plaintiff was and is a resident of
27 the City of Sparks, Washoe County, Nevada.

28 2. At all times relevant to this proceeding, Defendant TIMOTHY EGAN was

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 1 and is a resident of the City of Sparks, Washoe County, Nevada, and was an

2 employee of the Sparks Fire Department.

3 3. The Defendants action complained of herein were not within the course

4 and scope of Defendant’s duties as a Firefighter for the City of Sparks.

5 4. The true names and capacities, whether individual, corporate, associate

6 or otherwise, of Defendants DOE individuals and ROE corporations, and each of

7 them, are unknown to Plaintiff at this time and Plaintiff therefore sues said Defendants

8 by such fictitious names. Plaintiff alleges, on information and belief, that each
9 DOE/ROE defendant is responsible for the actions herein alleged and will seek leave

10 of Court to amend this Complaint when the names of said defendants have been

11 ascertained.

12 5. Plaintiff is informed and believes, and thereon allege, that at all times

13 material hereto and mentioned herein, each of the Defendants sued herein (both

14 named and fictitious) were the agent, servant, employer, joint venturer, partner,

15 division, owner, subsidiary, alias, assignee and/or alter-ego of each of the remaining

16 Defendants and were at all times acting within the purpose and scope of such agency,

17 servitude, joint venture, division, ownership, subsidiary, alias, assignment, alter-ego,

18 partnership or employment and with the authority, consent, approval and ratification
19 of each remaining Defendants.

20 JURISDICTION AND VENUE

21 6. The above-captioned Court has subject matter jurisdiction pursuant to

22 NRS 3.221 and NRS 4.370, as the amount in controversy exceeds fifteen thousand

23 dollars ($15,000.00).

24 7. Venue is properly in the above-captioned Court because: (a) the Plaintiff

25 is located in Washoe County and the Defendant is located in Washoe County; (b) the

26 transactions related to the same occurred in Washoe County; (c) the events and

27 omissions giving rise to the claims for relief detailed herein below occurred in Washoe

28 County; (d) it has personal jurisdiction over the Plaintiff in this action; and (e) it has

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 1 personal jurisdiction over the Defendant.

2 ALLEGATIONS OF FACT

3 8. Maureen Hvegholm is 84 years old.

4 9. Ms. Hvegholm resides in a bungalow across the alley from the Sparks

5 Fire Station No.1 at 1600 Victorian Ave. in Sparks, Nevada.

6 10. Ms. Hvegholm feeds stray cats in the alley behind the Fire Station No. 1,

7 and this has led to conflict with some Sparks firefighters who claim that Ms.

8 Hvegholm’s feeding the cats leads to damage to their equipment.

9 11. On December 8, 2022, Ms. Hvegholm was feeding cats in the alley

10 behind the Sparks Fire Station No. 1.

11 12. As Ms. Hvegholm was placing water and food out for the cats, a SUV

12 driven by the Defendant pulled into the alley and then, after opening a sliding chain

13 linked fence gate, into the Fire Station No. 1.

14 13. After parking the SUV, the Defendant exited the parking lot of the Fire

15 Station No. 1 into the alley where the Plaintiff was feeding the cats.

16 14. The Defendant threw trash in the dumpster behind the Fire Station No.

17 1 and then approached Ms. Hvegholm.

18 15. When facing Ms. Hvegholm, the Defendant began to grab the cat food

19 and the water that Hvegholm was placing in the alley from the ground and then from

20 Hvegholm’s hands.

21 16. Startled by the Defendant’s actions, Hvegholm swatted at the Defendant.

22 17. The Defendant then grabbed Hvegholm’s shoulders, and performed a

23 sweep maneuver on her feet, and Hvegholm landed headfirst on the concrete.

24 18. The Defendant then stood over Hvegholm for a moment before

25 Hvegholm managed to get to her feet and walk beck to her home.

26 19. Based on the Defendant’s relative size, age, and strength, the Plaintiff

27 posed no reasonable threat to the Defendant.

28 20. The incident described herein was captured on surveillance cameras

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 1 posted around the Sparks Fire Station. A true and correct copy of the videos showing

2 the incident are attached hereto as Exhibits 1 and 2.

3 21. After the incident, on December 8, 2022, Hvegholm was cited for battery

4 upon a protected person (the Defendant) by the Sparks Police.

5 22. After further investigation of the incident, on December 19, 2022 the

6 Sparks Police voided the citation against Ms. Hvegholm.

7 23. After the incident described herein, on December 8, 2022 Hvegholm

8 was transported to Renown Regional Medical Center by her son and was diagnosed
9 with a traumatic brain injury.

10 24. After the incident described herein, Hvegholm has suffered a severe

11 decline in her quality of life, her ability to move about freely, and her ability to care for

12 herself independent of her children – as well as a looming sense of panic, terror, and

13 lack of security in her home resulting from the encounter with the Defendant described

14 above.

15 25. Hvegholm has and will continue to receive medical treatment for her

16 injuries resulting from the incident described herein.

17 CLAIMS FOR RELIEF

18 Negligence

19 26. Plaintiff incorporates all preceding paragraphs as though each were fully

20 set forth verbatim hereat.

21 27. At all times mentioned herein, Defendant had a duty to exercise

22 reasonable to avoid injuring the Plaintiff.

23 28. Defendant breached said duty by performing a leg sweep on the Plaintiff

24 where the Plaintiff posed no threat to the Defendant.

25 29. As a direct and proximate result of the Defendant’s negligence, Plaintiff

26 suffered injuries in and about the head, neck, back, legs, arms, organs, and systems,

27 and were otherwise injured and caused to suffer great pain of body and mind, and all

28 or some of the same is chronic and may be permanent and disabling, valued at an

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 1 amount in excess of $15,000.00.

2 30. As a direct and proximate result of Defendant’s negligence, Plaintiff

3 spent money for medical and miscellaneous expenses and will in the future be caused

4 to expend additional funds for medical expenses and miscellaneous expenses

5 incidental thereto, in a sum not yet presently ascertainable, and leave of Court will be

6 requested to include these damages once they have been fully determined.

7 31. Prior to the injuries detailed in this Complaint, Plaintiff was able-bodied

8 and capable of engaging in all other activities for which Plaintiff was otherwise suited.
9 32. As a direct and proximate result of Defendant’s negligence, Plaintiff has

10 been disabled and limited and restricted in activities, causing Plaintiff’s damages in a

11 sum not yet presently ascertainable, the allegations of which Plaintiff seeks leave of

12 Court to include when the same shall be fully determined.

13 33. The Plaintiff has been required to seek professional and legal services

14 to prosecute this action, and, accordingly, each is entitled to recover their reasonable

15 attorney fees together with other costs incurred therefore.

16 Negligence Per Se

17 34. Plaintiff incorporates all preceding paragraphs as though each were fully

18 set forth verbatim hereat.

19 35. The acts of Defendant as described herein violated the laws of the State

20 of Nevada, including but not limited to violation of NRS 200.5093 by abusing an elderly

21 person, constituting negligence per se.

22 36. Defendant breached said laws by performing a leg seep on an 84-year-

23 old woman.

24 37. As a direct and proximate result of the Defendants’ negligence, the

25 Plaintiff has suffered damages.

26 38. As a direct and proximate result of the Defendant’s negligence, Plaintiff

27 suffered injuries in and about the head, neck, back, legs, arms, organs, and systems,

28 and were otherwise injured and caused to suffer great pain of body and mind, and all

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 1 or some of the same is chronic and may be permanent and disabling, valued at an

2 amount in excess of $15,000.00.

3 39. As a direct and proximate result of Defendant’s negligence, Plaintiff

4 spent money for medical and miscellaneous expenses and will in the future be caused

5 to expend additional funds for medical expenses and miscellaneous expenses

6 incidental thereto, in a sum not yet presently ascertainable, and leave of Court will be

7 requested to include these damages once they have been fully determined.

8 40. Prior to the injuries detailed in this Complaint, Plaintiff was able-bodied

9 and capable of engaging in all other activities for which Plaintiff was otherwise suited.

10 41. As a direct and proximate result of Defendant’s negligence, Plaintiff has

11 been disabled and limited and restricted in activities, causing Plaintiff’s damages in a

12 sum not yet presently ascertainable, the allegations of which Plaintiff seeks leave of

13 Court to include when the same shall be fully determined.

14 42. The Plaintiff has been required to seek professional and legal services

15 to prosecute this action, and, accordingly, each is entitled to recover their reasonable

16 attorney fees together with other costs incurred therefore.

17 Abuse of an Older Person - NRS 41.1395

18 43. Plaintiff incorporates all preceding paragraphs as though each were fully

19 set forth verbatim hereat.

20 44. The Defendant willfully and unjustifiably inflicted pain, injury and mental

21 anguish on the Plaintiff.

22 45. At all relevant times, the Defendants acted with acted with recklessness,

23 oppression, or malice aforethought, and in performing a leg sweep on the Plaintiff

24 where the Plaintiff posed no reasonable threat to the Defendant.

25 46. Being abused by the Defendant caused physical injury to the Plaintiff and

26 was otherwise harmful and offensive.

27 47. The Plaintiff did not consent to physical abuse by the Defendant.

28 48. As a direct and proximate result of the abuse, the Plaintiff has suffered

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 1 damages.

2 49. As a direct and proximate result of the Defendant’s abuse, Plaintiff

3 suffered injuries in and about the head, neck, back, legs, arms, organs, and systems,

4 and were otherwise injured and caused to suffer great pain of body and mind, and all

5 or some of the same is chronic and may be permanent and disabling, valued at an

6 amount in excess of $15,000.00.

7 50. As a direct and proximate result of Defendant’s abuse, Plaintiff spent

8 money for medical and miscellaneous expenses and will in the future be caused to
9 expend additional funds for medical expenses and miscellaneous expenses incidental

10 thereto, in a sum not yet presently ascertainable, and leave of Court will be requested

11 to include these damages once they have been fully determined.

12 51. Prior to the injuries detailed in this Complaint, Plaintiff was able-bodied

13 and capable of engaging in all other activities for which Plaintiff was otherwise suited

14 at her age.

15 52. As a direct and proximate result of Defendant’s abuse, Plaintiff has been

16 disabled and limited and restricted in activities, causing Plaintiff’s damages in a sum

17 not yet presently ascertainable, the allegations of which Plaintiff seeks leave of Court

18 to include when the same shall be fully determined.

19 53. The Plaintiff has been required to seek professional and legal services

20 to prosecute this action, and, accordingly, each is entitled to recover their reasonable

21 attorney fees together with other costs incurred therefore.

22 54. Due to Defendant’s commission of abuse upon her, Plaintiff has been

23 required to retain the services of legal counsel and to incur attorney’s fees and costs

24 thereby.

25 Exemplary Damages

26 55. Plaintiff incorporates all preceding paragraphs as though each were fully

27 set forth verbatim hereat.

28 56. The Defendants acted with knowledge of the probable harmful

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1 consequences of abusing the Plaintiff.

2 57. The Defendant’s conduct was malicious and oppressive and showed a

3 conscious disregard of the Plaintiff’s rights protected under law.

4 58. As such, the Plaintiff seeks an award of exemplary and punitive damages

5 against the Defendant.

6 NRS 239B.030(4) AFFIRMATION

7
Pursuant to NRS 239B.030 the undersigned hereby affirms that this
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document does not contain the social security number of any person.
9

10 PRAYER
11 WHEREFORE, Plaintiff prays for judgment against the Defendant, as follows:
12 a) For general and special damages according to proof;
13 b) Double damages as permitted by NRS 41.1395;
14 b) For economic damages as permitted by law;
15 c) For noneconomic damages as permitted by law;
16 d) For actual and compensatory damages as permitted by law;
17 e) For interest as permitted by law;
18 f) For statutory damages as permitted by law;
19 f) For reasonable attorneys’ fees and costs;
20 g) For exemplary damages; and
21 h) For such other relief as is just and proper.
22 Respectfully submitted this Wednesday, March 29, 2023:
23
By: __/s/ Luke Busby, Esq._______
24 Luke Busby
Nevada State Bar No. 10319
25 316 California Ave 82.
26 Reno, NV 89509
775-453-0112
27 [email protected]
Attorney for the Plaintiff
28

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1 Exhibit List
2 (Filed Via Patron Media Mail)

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1. Video 1
4 2. Video 2
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