My Lawsuit Against the Portland Trail Blazers

Thirty seven games into the 2007 Trail Blazer Season...I drafted this document...

            THE CIRCUIT COURT OF THE STATE OF OREGON


                   FOR THE COUNTY OF MULTNOMAH

ANDREW KAFOURY,                 )
                                           )                 Case No.
Plaintiff,                                )
                                           )
v.                                        )         COMPLAINT FOR INTENTIONAL 
                                           )         INFLICTION OF EMOTIONAL
PORTLAND TRAIL                    )          DISTRESS, AND FRAUD
BLAZERS,   (an                      )
Oregon corporation)               ) 
                                          )           NOT SUBJECT TO MANDATORY
Defendant.                            )          ARBITRATION
                                          )


FOR A FIRST CLAIM FOR RELIEF for Intentional Infliction of Emotional Distress, plaintiff alleges:

                                              1.

At all times mentioned herein plaintiff Andrew Kafoury is a resident of Multnomah County, Oregon.

                                                2.
At all times mentioned herein defendant Portland Trail Blazers (herein after referred to as PTB) is an Oregon corporation operating in and around the area of Multnomah County, Oregon. Their profit comes from advertising and marketing a professional basketball team. The team is sold as "Be there when the sweat pays off."

                                                 3.
Between 1992 - 2007, plaintiff invested emotional time and effort into PTB's.

                                                  4.
Between 1992 - 2007, plaintiff made a significant financial contributions to PTB's in the manner of purchasing $12.00 tickets to home games. He has attended well over one hundred games.

                                                   5.
PTB's advertises their organization as an team in an professional basketball league who is committed to providing quality basketball to the state of Oregon.

                                                  6.
Between 2000 - 2007, PTB suffers, and continues to suffer, one tumultuous defeat after another. Many of these defeats start off as one or two point losses early during the first months of the season, but turn into deficits by February through May.

                                                  7.
In January 2007, Jason Quick, a sports writer for the Oregonian, announces the organization considers the season to be over, and will play for a lottery slot for 2008.

                                                   8.
As a result of the above-described Lottery Draft Season, plaintiff suffered wrenching, stretching, twisting, and tearing of the soft tissues about the spine, and suffered, continues to suffer, and will permanently suffer from pain, discomfort, headaches, disability, and interference with ordinary activities, all to his noneconomic damage in the amount of $400,000.

                                                      9.

The above-described intentional infliction of emotional distress was caused by the negligence of defendant PTB in one or more of the following particulars:

(a) in failing to maintain victories over a significant period of time;

(b) failing to maintain a reasonable conduct of work;

(c) failing to maintain reasonable control over the organization

(d) losing games at a speed which was excessive under the circumstances.

FOR A SECOND CLAIM FOR RELIEF for Fraud, plaintiff alleges:

                                             10.

Plaintiff realleges and incorporates by reference paragraphs 1-9 above.

                                              11.
Plaintiff was not given a quality product for the tickets which were advertised for a quality organization despite an add campaign which promoted "Be there when the sweat pays off."

                                                12.
As aresult of the above-described Fraud, plaintiff lost income in the amount of $3,000 and has suffered a earning capacity in the amount of 7,000.

WHEREFORE, plaintiff prays for judgment against defendant in the amount of $400,00 in noneconomic damages, $10,000 in economic damages, and for costs and disbursements necessarily incurred herein.

DATED this 10th day of January, 2007

___________________
Andrew Kafoury
Attorney for the Plaintiff

Anyhow, my point being...this is how LOW the Trail Blazers were around this time in the season two seasons ago.  Now look at us, it takes big teams to have big games in order to beat us.  After defeating the Toronto Raptors we are 19-12, off to our best start in YEARS.

We have an All Star that can take over the fourth quarter.  We have the best center combination in the league.  We have the best bench in the league.

We just need the addition of a few savvy vets...and then it's on.

People say not to make a trade, but those people are wrong.  We need some veterans who know how to win to come in and help us have confidence down the stretch late in the season.

Other then that, I'm glad I never filed this.

Because I was about to.

I was pissed.