Beruflich Dokumente
Kultur Dokumente
***EFILED***
Second Original
TYPE OF SUIT
AMQUNT OF SUiT
I ] ACCOUNT
I ] CONTRACT
{ ]NOTE
INTEREST $_ __
1 ]TORT
( I PERSONAL INJURY
[ J FOREIGN JUDGMENT
!~ ~~~~
LIEN
COURT COST $ _ __
................
[ ) NEW FILING
( I RE-FILlNG: PREVIOUS CASE NO. _ _ _ __
SUMMONS
TO THE ABOVE NAMED-DEFENDANt:
You are hereby required to file wnh the Clerk of said court and to serve a copy on the PlalnUffs Attorney, or on Plaintiff if no Attorney, to-wi!:
Name: Eric l. Jensen
An answer to the complaint which is herewith served on you, within thirty (30) days after service on you, exclusive of Ihe day of service. It you fail to do
so, judgment by default will be taken against you for the relief demanded in the complaint. plus cost of thisaction. DEFENSE MAY BE MADE & JURY
TRIAL DEMA NOED, via electronic filing through LexisNexis or, if desired. attha e-filing public access tenninal in the elEn's Office at 185 Central Ave.,
SW., Room TG100, AUanta, GA 30303.
Thls _ _- --
- -- -_ _
If the sum claimed in the suit, orvalue of the property sued for, is $300.00 or more PrinCipal. the defendant must admit or deny the paragraphs of
plaintiffs petition by making written Mswer. Such paragraphs undenied will be laken as true. Iflhe plaintiffs petition is swom to, or If suit is based on an
unconditional contract1n writing. then the defendant's anSwer ml)st be swom to.
ff the principal sum claimed in !he suit. or value of the property sued ror, is less than $300.00, end Is on a note, unconditional contract, account
swom to, or the petillon swom to, defense must be made byiUing a swom answer setting up the facts relied on as a defense.
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_ _ _ _ _ _ __ _ _ _ _ Foreperson
..
This _ _ _ dayof ~_~---__ , 20____ .
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EXHIBIT
***EFILED***
Second Original
STEPHANIE CRUZ,
Plaintiff,
Civil Action Number:
vs.
FEDEX GROUND PACKAGE SYSTEM, INC.,
MICHAEL BRYANT, USA TRUCK, INC.,
ACE AMER1CAN INSURANCE COMPANY,
FEDERAL lNSURANCE COMPANY, and
JOHN DOE,
Defendants.
~[PLAINT
COMES NOW Plaintiff, Stephanie Cruz, ("Plaintjff'), files her Complaint, through
undersigned counsel, and respectfully shows the Court as follows:
1.
2.
FedEx Ground Package System, Inc. is
Ii
Pennsylvania with its principal place of business in Pennsylvania and may be served through its
registered agent, Corporation Process Company, 2180 Satellile Boulevard, Duluth, Gwilmetl
County, Georgia 30097 and is subject to tJ)e jurisdiction of this Court.
3.
Federal Insurance Company is a foreign corporation existing under the laws of New
Jersey with its principal place of bUsiness in New Jersey and may be served througb its registered
agent, CT Corporation System, 1201 Peachtree Street, Northeast, Atlanta, Fulton County,
Georgia 3036 I. and is subject to the jurisdiction of this Court.
4.
Ace American Insurance Company is a foreign corporation existing under the laws of
Pennsylvania with its principal place of business in Pennsylvania and may be served through its
registered agent, Mark G. Irwin, 500 Colonial Center Parkway, Suile 200, Roswell, Georgia
30076, and is subject to the jurisdiction of this Court.
5.
Michael Bryant is a Texas resident. He may be served wilh a copy of the summons and
Complaint in this action at his home address: ) 500 VZ County Road 25 J2, Canton, Texas 75103.
6.
USA Truck, Inc. is a foreign corporation existing under the laws of Arkansas with its
principal place of business in Arkansas IUJd may be served through its registered agent, CT
Corporation System, 120 I Peachtree Street, Northeast, Atlanta, F\llton Count)', Georgia 30361
and is subject to the jurisdiction of this Court.
7.
Jwisdiclion and venuc arc proper in this Court per O.C.G.A, 40-1-1) 7(b).
BACKGROUND
8.
On May 20, 2014, Plaintiff traveled southbound on Interstate 85 in :Jackson County,
Georgia in her )997 Nissan Altima.
9.
On May 20, 2014 Defendant John Doe traveled southbound on Interstate 85 in Jackson
County, Georgia ddving a tractor trailer owned by FedEx Ground Package System, Inc.
10.
On May 20,2014, Defendant Michael Bryant traveled southbound on Interstate 85 in
Jackson County, Georgia dl;ying a tractor trailer owned by USA Truck.
11.
At the time of the subject collision, Plaintiff traveled in the far right lane.
12.
As Plaintiff drove, Defendant FcdEx's tractor trailer struck the rear driver's side of her
vehicle, causing her vehicle to spin around and strike the guardrail.
13.
After PlainHff struck the guardrail,
Dt~fClldant
Following the collision, Defendant John Doc fled the scene of the collision without
stopping.
IS.
Plaintiff is entitled to recover all past, present, and future damages suffered as a result of
this incident.
18.
Plaintiff incorporates by reference each earlier paragraph of this Complaint with the full
force and effect as iftbey were restated verbatim.
19.
Defendant John Doc was negligent in failing to maintain a proper lookout for Plaintiff's
vehicle, failing to maintain lane, following too closely, and leaving the scene of a collision.
20.
Defendant John Doe's negligence was the sole and proximate cause of collision, and
Plaintiffs resulting injuries .
21.
As a direct and proximate result of Defendant Doe's negligence, Plaintiff suffered injuries
and domages. Plaintiff is entitled to monetary damages from Defendants to compensate her for
the following elements of damage:
a.
Medical expense;
b.
c.
Mental anguish;
d.
Lost wages;
e.
f.
23.
Defendant Doe's conduct was reckless. willful and wanton, and demonstrates a conscious
indifference to consequences of their actions and entitles Plaintiff to an award of punitive
damages.
24.
Defendant Doe has been stubbornly litigious, acted in bad faith, nnd have caused Plaintiff
to incur unnecessary trouble and expense for which she is entitled to recover attorney's fees,
costs, and expenses, pursuant to Q,Ca,A. 13-6-1).
Plaintiff incorporates by reference each earlier paragraph of this Complaint with the full
force ilnd effect as if they were restated verbatim.
26.
Defendant Bryant was negligent in failing to maintain a proper lookolll for Plaintiff's
vehicle, following too closely, and colliding with Plaintiff's vehicle.
27.
Defendant Bryant's negligence was the sole and proximate cause of the collision, and
Plainfifrs reslJlting injuries.
28.
a.
MedicHI expense;
b.
c.
Mental anguish;
d.
Lost wages;
e.
f.
damages in an ammml to be proven at trial, for general damages for pain and suffering and loss
of enjoyment of life in amounts to be determined at trial, together with pre and post judgment
interest as allowed by law, and for such other and further relief as this Court deems just and
proper.
32.
At the time of the subject collision, Defendant Doe was under dispatch for Defendant
Fedex Ground Package System. Inc.
33.
Defendant Fedex Ground Package Systemt Inc. is responsible for the actions of
Defendant Doe with regard to the collision described in this Complaint under the doctrine of
lease liability, respondent superior, agency and/or apparent liability.
34.
As a direct and proximate result of Defendants' negligence, Plaintiff suffered injuries and
damages. Plaintiff is entitled to monetary damages from Defendants to compensate her for the
following eleplents of damage:
a.
Medical expense;
b.
c.
Mental anguish;
d.
Lost wages;
e.
f.
36.
Defendants' conduct was reckless, willful and wanton, and demonstra1es a conscious
indifference to conseqllences of their actions and entitles Plaintiff to an award of plmitive
damages.
37.
Defendants have been stubbornly litigious, acted in bad faith, and have caused Plaintiff to
incur U1mecessary trouble and expense tor which she is entitled to recover attorney's fees, costs,
and expenses, pursuant to O.C.G.A. 13-6-1).
WHEREFORE, Plaintiff demands judgment against Defendants for special damages in
an amount to be proven at trial, for general damages for pain and suffering and loss of enjoyment
of life in amounts to be determined at trial, together with pre and post jud&rrnent interest as
allowed by law, punitive damages, attorney's fees, costs, expenses pursuant to O.e.G.A. 13-6) 1, and for such other and further relief as tllis Court deems just and proper.
39.
At the time of the subject collision, Defendlmt Michael Bryant was lmder dispatch for
Defendant USA Truck, Inc.
40.
Defendant USA Truck, Inc. is responsible for the actions of Defendant Michael Bryant
with regard to the collision described in this Complaint under the doctrine of lease liability,
respondent superior, agency and/or apparent liability.
41.
As a direct and proximate result of Defendants' negligence, Plaintiff suffered injuries and
damages. Plaintiff is entitled to monetary damages from Defendants to compensate her for the
following elements of damage:
a.
Medical expense;
b.
c.
Mental anguish;
d.
e.
an amount to be proven at trial, for general damages for pain and suffering and loss of enjoyment
of life in amounts to be delennined at trial, together with pre and post judgment interest as
allowed by law, and for such other and further reHef as Ihis Court deems just and proper.
Plaintiff incorporates by reference each earlier paragraph of this Complaint with the full
force and effect as jf they were restated verbatim.
45.
Defendant Fedex Ground Package System, Inc. was negligent in hiring Defendant Doe
and enlrusting him to drive a tractor-trailer.
46.
Defendant Fedex Ground Package System, lnc. was negligent in failing to properly train
Defendant Doe.
47.
Defendant Fedex Ground Package System, lnc. was negligent in failing to properly
supervise Defendant Doc.
48.
Defendant Fedex Ground Package System, Inc. 's negligence in hiring Defendant Doe and
entrusting him with driving a commercial vehicle and [aillng to train and supervise him properly
was the sole and proximate cause of the collision, and Plaintifrs resulting injuries.
49.
As a direct and proximate result of Defendants' negligence, Plaintiff suffered injuries and
damages. Plaintiff is entitled to monetary damugefi from Defendants to compensate him for the
following elements of damage:
a.
Medical expense;
b.
c.
Mental anguish;
d.
Lost wages;
e.
f.
Defendants have been stubbornly litigious, acted in bad faith, and have caused Plaintiff to
incur unnecessary trouble and expense for which she is entitled to recover attorney's fees, costs,
and expenses, pursuant to O.C.G.A. J3 6-J J .
w
and for such other and further relief as this Court deems just and proper.
11
COUNT VI: NEG.L1GENT HIRING, TRAINING & SUPERVISION USA TRUCK, INC.
53.
Plaintiff incorporates by reference each earlier paragraph of this Complaint with the full
force and effect as ifthe)' were restated verbatim.
54.
Defendant USA Truck, Inc. was negligent in hiring Defendant Michael Bryant and
Defendant USA Truck, Inc. was negligent in failing to properly train Defendant Michael
Bryant.
56.
Defendant USA Truck, Inc. was negligent in failing to properly supervise Defendant
Michael Bryant.
57.
Detendant USA Truck, Inc. 's negligence in hiring Defendant Michael Bryant and
enjrusting him with driving a commercial vehicle and failing to train and supervise him properly
was the sole and proximate cause of the collision, and Plaintiff's resulting injuries.
58.
As a direct and proximate result of Defendants' negligence, Plaintiff suffered injuries and
damages. Plaintiff is entitled to monetary damages from Defendants to compensate her
Medical expense;
b.
12
fOT
lhe
c.
Mental anguishj
d.
Lost wages;
e.
f.
13
Plaintiff incorporates by reference each earlier paragraph of this Complaint with the full
force and effect as if they were restated vcrbfttim.
63.
Defendant Federal Insurance Company is subject to a direct action as the insurer for
to
O.C.G.A. 40~2~140
64.
Defendant Federal Insurance Company was the insurer of Defendant USA Truck, Inc. at
the time of the subject incident and issued II liability policy to Defendant USA Truck. Inc.
65.
Defendant Federal Insurance Compilny and Defendant USA Truck, Inc. arc subject to the
filingrequiremcncs outlined in O.C.G.A . 40-2-140.
66.
Defendant Federal lnsurance Company is responsiblc for any judgment rendered against
Defendant USA Truck. fnc. and Defendant Michael Bryant up to its policy limits of coverage.
67.
As a direct and proximate result of Defendants' negligence, Plaintiff suffered injuries and
damages. Plaintiff is entitled to monetary damages from Defendantc; to compensate her for the
following clcmcnts of damage:
n.
Medical expense;
b.
c,
Mental anguish;
14
d,
Lost wages;
e.
f.
69.
As a proximate and direct result of Defendants' negligence, Plaintiff suffered special
damages.
70.
WHEREFORE, Plaintiff demands judgment against Defendants for special damages in
an amount to be proven at trial, for general damages for pain and suffering and loss of enjoyment
of life in amounts to be detennined at trial, together with pre and posl judgment interest as
allowed by Jaw and for such other and further relief as this Court deems just and proper.
COUNT VIII: DIRECT ACTION~ ACE AMERICAN INSURANCE COMPANY
71.
Plaintiff incorporates by reference each earlier paragraph of this Complaint with the full
force and effect as if they were restated veJ'batim.
n,
Defendant Ace American Insurance Company is subject to a direct action as the insurer
for Defendant USA Truck, Inc. pursuant to O.C,O,A. 40-2-140,
73,
Defendant Ace American Insurance Company was the insurer of Defendant USA Truck,
Inc. at the time oflbe subject incident and issued a liability policy to USA Truck,
15
lIlC,
74.
Defendant Ace American Insurance Company and Defendant USA Truck, Inc. are
subject to the filing requirements outlined in O.C.O.A. 40~2-140.
75.
Defendant Ace American Insurance Company is responsible for any judgment rendered
against Defendant USA Truck, Inc. and Defendant Michael Bryant up to its policy llmits of
coverage.
76.
As a direct and proximate result of Defendants' negligence, Plaintiff suffered injuries and
damages. Plaintiff is entitled to monetary damages from Defendants to compensate her for the
following elements of damage:
a.
Medical expense;
b.
c.
Mental anguish;
d.
Lost wages;
e.
f.
16
79.
Eric L. Jensen
Georgia Bar No.3 91259
Jason W. Graham
Georgia Bar No. 304595
Satyam Mehta
Georgia Bar No. 557090
Suite 115
Atlanta, Georgia 30329
Telephone: (404) 842-9380
Fllcsimile: (678) 904-3110
17