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Case 5:18-cv-05056-JLV Document 1 Filed 08/03/18 Page 1 of 6 PageID #: 1 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH DAKOTA 2 WESTERN DIVISION 3 KATHLEEN HANLINE‐LEWIS, 4 CIV. NO.: ________________5:18-cv-5056 Plaintiff, 5 6 vs. 7 ROLAND SANDS, an individual, BUFFALO COMPLAINT CHIP CAMPGROUND, LLC, and POLARIS 8 INDUSTRIES, INC. dba INDIAN 9 MOTORCYCLE COMPANY, 10 Defendants. 11 Plaintiff Kathleen Hanline‐Lewis, by and through her attorneys BEARDSLEY, JENSEN & LEE 12 in the above‐entitled matter and for her Complaint against Defendant states and alleges as 13 14 follows: 15 PARTIES 16 1. Plaintiff Kathleen Hanline‐Lewis is a resident of Las Vegas, Clark County, 17 Nevada and was visiting Sturgis, South Dakota for the Sturgis Motorcycle Rally in August, 18 2016. 19 20 2. Based upon information and belief, Defendant Roland Sands is a resident of 21 Long Beach, Los Angeles County, California. 22 3. Based upon information and belief, Defendant Buffalo Chip Campground, LLC is 23 a limited liability company organized under the laws of South Dakota with its principal place of 24 25 business in Sturgis, South Dakota. 26 4. Defendant Polaris Industries, Inc., registered in South Dakota as a foreign 27 corporation, purchased Indian Motorcycle Company in April, 2011 and continues to operate the 28 1 Case 5:18-cv-05056-JLV Document 1 Filed 08/03/18 Page 2 of 6 PageID #: 2 1 business as Indian Motorcycle Company with its principal place of business in Medina, 2 Minnesota. 3 5. The names and capacities, whether individuals, corporate, associate or 4 otherwise of Defendants named herein as DOE and ROE CORPORATION are unknown or not 5 6 yet confirmed. Upon information and belief, said DOE and ROE CORPORATION Defendants 7 are responsible for damages suffered by Plaintiff and, therefore, Plaintiff sues said Defendants 8 by such fictitious names. Plaintiff will ask leave to amend this Complaint to show the true 9 names and capacities of each DOE and ROE CORPORATION Defendant at such times as the 10 same has been ascertained. 11 12 JURISDICTION AND VENUE 13 6. This Court has subject matter jurisdiction of this matter based on diversity of 14 citizenship under 28 U.S.C. § 1332. 15 7. The amount in controversy is in excess of $75,000. 16 17 FACTS 18 8. At all times relevant herein, and specifically on August 7, 2016 Plaintiff was a 19 paying patron at Buffalo Chip Campgrounds, LLC (“Blue Chip”) in Meade County, South 20 Dakota for the purposes of participating in activities for the annual Sturgis Motorcycle Rally 21 and event. 22 23 9. On August 7, 2016, Plaintiff attended a concert held within the Buffalo Chip 24 Campground during the 2016 Sturgis Motorcycle Rally. 25 26 27 28 2 Case 5:18-cv-05056-JLV Document 1 Filed 08/03/18 Page 3 of 6 PageID #: 3 1 10. Plaintiff was standing in the crowd between concert performers Lita Ford and 2 Kid Rock, when Defendant Roland Sands rode an Indian Motorcycle across the stage without 3 functioning brakes, failed to stop at the edge of the stage, and negligently drove the 4 motorcycle off the stage and into the crowd of patrons, thereby causing serious injuries to 5 6 patrons, including Plaintiff, Kathleen Hanline‐Lewis. 7 11. Defendant Roland Sands and the Indian motorcycle flew of the stage and 8 landed directly upon Plaintiff, who sustained serious bodily injury. 9 FIRST CLAIM FOR RELIEF 10 (NEGLIGENCE AS TO DEFENDANT BUFFALO CHIP CAMPGROUND, LLC) 11 12 Plaintiff repeats and realleges the allegations contained in Paragraphs 1 through 11, as 13 though fully set forth herein. 14 12. Defendant Buffalo Chip Campground, LLC, owed a duty to its patrons, including 15 Plaintiff, to use reasonable care to avoid causing them physical harm. 16 17 13. Defendant Buffalo Chip Campground, LLC, knew or should have known that 18 allowing an individual to ride a motorcycle, without front brakes, across the stage surrounded 19 by patrons could endanger those patrons. 20 14. Defendant Buffalo Chip Campground, LLC negligently failed to use reasonable 21 care to ensure the safety of its patrons. 22 23 15. Defendant Buffalo Chip Campground, LLC negligently failed to provide Plaintiff 24 sufficient warning of imminent danger. 25 16. Defendant Buffalo Chip Campground, LLC’s actions created a foreseeable zone 26 of risk. 27 28 17. Defendant Buffalo Chip Campground, LLC’s failure to use reasonable care to 3 Case 5:18-cv-05056-JLV Document 1 Filed 08/03/18 Page 4 of 6 PageID #: 4 1 ensure the safety of its patrons caused Plaintiff to suffer severe injuries and Plaintiff will 2 continue to suffer in the future, severe physical and medical anguish, permanent disability, has 3 incurred medical expenses, both past and future, wage loss and loss of earning capacity all to 4 the Plaintiff’s general and specific damages. 5 6 SECOND CLAIM FOR RELIEF 7 (NEGLIGENCE AS TO DEFENDANT ROLAND SANDS) 8 Plaintiff repeats and realleges the allegations contained in Paragraphs 1 through 17, as 9 though fully set forth herein. 10 18. Defendant Roland Sands owed a duty to the patrons of the Buffalo Chip 11 12 Campground, LLC to use reasonable care while riding his motorcycle across the stage so as to 13 not injure patrons, including Plaintiff. 14 19. Defendant Roland Sands breached his duty when he negligently rode his 15 motorcycle across the stage, lost control, and flew into the crowd of patrons viewing from the 16 17 spectating area. 18 20. Defendant Roland Sands’ negligence caused Plaintiff to suffer severe injuries 19 and Plaintiff will continue to suffer in the future severe physical and mental anguish, 20 permanent disability, has incurred medical expenses, both past and future, wage loss and loss 21 of earning capacity all to the Plaintiff’s general and special damages. 22 23 THIRD CLAIM FOR RELIEF 24 (NEGLIGENCE AS TO DEFENDANT POLARIS INDUSTRIES INC. DBA INDIAN MOTORCYCLES) 25 Plaintiff repeats and realleges the allegations contained in Paragraphs 1 through 20, as 26 though fully set forth herein. 27 28 21. Defendant Polaris Industries Inc. dba Indian Motorcycle Company owed a duty 4 Case 5:18-cv-05056-JLV Document 1 Filed 08/03/18 Page 5 of 6 PageID #: 5 1 to the patrons of Buffalo Chip Campground, LLC to use reasonable care while unveiling its new 2 motorcycle line to not injury the patrons during presentation. 3 22. Defendant Polaris Industries Inc. dba Indian Motorcycle Company breached this 4 duty when they designed an unveiling presentation of its new Indian FTR750 Motorcycle, a 5 6 motorcycle designed without front brakes, without taking reasonable precautions to protect 7 the observing patrons in the crowd. 8 23. Defendant Polaris Industries dba Indian Motorcycle Company’s negligence 9 caused Plaintiff to suffer severe injuries and Plaintiff will continue to suffer in the future, severe 10 physical and mental anguish, permanent disability, has incurred medical expenses, both past 11 12 and future, wage loss and loss of earning capacity all to the Plaintiff’s general and special 13 damages. 14 FOURTH CLAIM FOR RELIEF 15 (PUNITIVE DAMAGES AS TO ALL DEFENDANTS) 16 17 Plaintiff repeats and realleges the allegations contained in Paragraphs 1 through 23, as 18 if set forth fully herein. 19 24. Defendants, and each of them, having actual and/or constructive knowledge of 20 the dangers in the Motorcycle, willfully and deliberately failed to correct the defective 21 condition of the Motorcycle before the exhibition, all in conscious and reckless disregard of 22 23 Plaintiff’s rights and safety, with the intent to vex, injure, or annoy Plaintiff such as to 24 constitute oppression, fraud, or malice, thereby entitling Plaintiff to an award of punitive 25 damages. 26 WHEREFORE, Plaintiff Kathleen Hanline‐Lewis prays for judgment on all claims for 27 28 relief as follows: 5 Case 5:18-cv-05056-JLV Document 1 Filed 08/03/18 Page 6 of 6 PageID #: 6 1 1. General damages; 2 2. Special damages; 3 3. Punitive damages; 4 4. Lost wages in an amount yet to be determined. 5 6 5. Costs of suit incurred including reasonable attorneys' fees. 7 6. For such other relief as the Court deems just and proper. 8 DEMAND FOR JURY TRIAL 9 Pursuant to the provisions of Federal Rule of Civil Procedure 38, Plaintiff Kathleen 10 Hanline‐Lewis hereby demands a trial by jury of any issue triable of right by jury. 11 12 DATED this 2nd day of August, 2018. 13 BEARDSLEY, JENSEN & LEE, 14 Prof. L.L.C. 15 /s/ Matthew J. McIntosh 16 ____________________________ Brad L. Lee 17 Matthew J. McIntosh 18 4200 Beach Drive, Suite 3 P.O. Box 9579 19 Rapid City, SD 57709 Telephone: (605) 721‐2800 20 Facsimile: (605) 721‐2801 21 Email: [email protected] [email protected] 22 Attorneys for Plaintiff Kathleen Hanline‐Lewis 23 24 25 26 27 28 6 .

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