Curtis Bunch vs Retriever Towing Company, et al
Case Background
On June 30, 2022, Plaintiff Curtis Bunch filed an Assault lawsuit in the Oregon State, Circuit Court of Multnomah County (Case number: 22CV21853). Judge Adrian L. Brown presided over the case.
Cause
In the early hours of July 4, 2020, Retriever Towing Company, an Oregon corporation, unlawfully took possession of Curtis Bunch’s 2009 Mercedes SUV without authorization. On July 6, 2020, Bunch, a documented person with a disability, visited Retriever Towing’s premises to reclaim his vehicle. He parked in a designated accessible space, displaying his valid Parking Permit for an Individual with a Disability. Richard Pinkerton, the manager and tow truck operator for Retriever Towing, confronted Bunch and demanded he vacate the accessible space. When Bunch asserted his legal right to park there, Pinkerton escalated the situation. He verbally threatened Bunch, assumed an aggressive stance, and then physically assaulted him by striking his head, face, and upper torso. Following a jury trial on February 19, 2021, in Marion County Circuit Court, Pinkerton was convicted of Assault in the Fourth Degree (ORS 163.160(2))
Injuries
The assault had severe and lasting consequences for Curtis Bunch. The incident triggered an acute seizure, highlighting the immediate impact of the attack. Bunch suffered substantial physical trauma to his head, face, and upper body, with medical professionals classifying his injuries as permanent and degenerative. This condition suggests a progressive deterioration over time, making him more susceptible to future injuries. Bunch also endured severe psychological trauma, including fear during the assault and ongoing mental anguish and distress. These physical and psychological injuries significantly impacted his quality of life and ability to engage in activities he previously enjoyed.
Damages
Economic Damages:
- Medical Expenses: Up to $100,000 for past and anticipated future treatment
- Property Loss: $35,990 for the deprivation of his 2009 Mercedes SUV
- Total Economic Damages: $135,990
Non-Economic Damages
Bunch claimed up to $2,000,000 for the following:
- Physical pain and suffering
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
- Permanent lifestyle impairment
- Ongoing psychological trauma
- Total Damages Sought: $2,135,990
Key Arguments and Proceedings
Legal representation
- Plaintiff(s): Curtis Bunch
- Counsel for Plaintiff: Paul H. Krueger | Wade M. Bowyer
- Defendant(s):Richard Pinkerton | Retriever Towing Company
- Counsel for Defendants: Tyson L. Calvert| Mitchell B. Diesko
Key Arguments or Remarks by Counsel
“Mr. Bunch has a disabled veteran’s license plate, has a disabled parking permit laying on the dash of his vehicle,” said Wade Bowyer, an associate attorney at Paul Kreuger Law Firm that helped litigate the case. “He followed the law.”
“He had a panic attack, (the police) could see him looking very uneasy,” Krueger said. “All of a sudden, in the officer’s words, he began bleeding profusely from the nose. What had happened was the bony fracture in his left cheek had caused his sinuses to essentially fill with blood, and the overflow was then gushing out of his nose.”
“The violence of this assault made the jurors cringe when they watched the video,” said Paul Krueger, the plaintiff’s attorney, who said he wasn’t aware of a larger verdict related to a towing suit.
Claims
Negligence Claim Against Richard Pinkerton
Pinkerton breached his duty of care by:
- Disregarding ADA-compliant parking rules
- Ignoring federal and state disability accommodation requirements
- Failing to uphold basic business duties toward customers
- Failing to seek anger management counseling despite known issues
- Violating social norms and accepted standards
- Not acting as a reasonable person would
Assault Claim Against Richard Pinkerton
Pinkerton intentionally instilled fear of immediate harm by:
- Verbally threatening Bunch with physical harm
- Assuming an aggressive stance indicating intent to attack
- Creating a hostile environment
- Battery Claim Against Richard Pinkerton
Pinkerton committed harmful contact by:
- Pushing and shoving Bunch
- Striking him with closed fists
- Causing direct physical injury through intentional contact
Respondeat Superior Claim Against Retriever Towing
- Retriever Towing Company bears liability because:
- Pinkerton acted within his employment scope
- The incident occurred during business operations
- The company had direct control over Pinkerton’s duties
- The assault occurred on company premises
Negligence Claim Against Retriever Towing Company
The company demonstrated negligence by:
- Hiring and retaining Pinkerton despite his violent tendencies
- Failing to provide ADA compliance training
- Neglecting employee supervision protocols
- Ignoring safety concerns for disabled customers
- Failing to provide anger management training
- Overlooking previous incidents of aggressive behavior
Conversion Claim Against Retriever Towing Company
Retriever Towing wrongfully exercised dominion over Bunch’s vehicle by:
- Taking unauthorized possession of his Mercedes SUV
- Refusing to return the vehicle upon request
- Interfering with Bunch’s property rights
- Maintaining unlawful control over the vehicle
Defense
In response to Curtis Bunch’s complaint, Retriever Towing Company and Richard Pinkerton admitted Pinkerton’s employment with Retriever Towing and that the company operated premises with accessible parking. On July 6, 2020, Bunch parked in an accessible space at their premises. Pinkerton asked Bunch to move, but Bunch refused. As Pinkerton prepared to tow the vehicle, Bunch retrieved a firearm and placed it in his waistband. Pinkerton then physically contacted Bunch, removed the firearm, and made further contact.
The defendants acknowledged Pinkerton’s conviction of fourth-degree assault on May 19, 2021, admitting that he committed assault and battery within his employment scope. However, they claimed lawful possession of the Mercedes due to a fake permit on July 3, 2020, under a valid impound agreement signed by an HOA representative. They denied allegations regarding the extent of Bunch’s disability and damages exceeding $50,000, requested a jury trial, and sought dismissal of the complaint with prejudice.
Jury Verdict
On October 25, 2024, a Multnomah County Circuit Court jury awarded Curtis Bunch $1,185,000 in damages against Retriever Towing Company and Richard Pinkerton. The award included $925,000 in noneconomic damages for pain, suffering, and emotional distress and $260,000 in punitive damages.
Court Documents:
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