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DOCUMENT 2

ELECTRONICALLY FILED
11/28/2018 3:42 PM
11-CV-2018-900688.00
CIRCUIT COURT OF
CALHOUN COUNTY, ALABAMA
KIM MCCARSON, CLERK
IN THE CIRCUIT COURT OF CALHOUN COUNTY, ALABAMA

GEORGE NANCE and HASSIE NANCE )


)
Plaintiffs; )
) CV NO.:__________________________
vs. )
)
TEAGUE VIP EXPRESS, LLC; ROBIN S. VINES; and Fictitious Defendants No. 1, whether
singular or plural, the owner(s) of the bus which was involved in the subject accident in
DeSoto Mississippi; No. 2, whether singular or plural, the driver of the bus which was
involved in the accident to the extent such vehicle was a contributing cause to the accident
made the basis of this lawsuit; No. 3, whether singular or plural, that entity or those entities
who or which afforded any insurance coverage to either the driver(s) and/or the owner(s) of
the bus involved in the occurrence made the basis of this lawsuit; No. 4, whether singular or
plural, that entity or those entities who or which provided maintenance and upkeep on the
motor vehicle(s) involved in the occurrence made the basis of this lawsuit; No. 5, whether
singular or plural, that entity or those entities who or which did any repair work or installed
any tires on the motor vehicle(s) involved in the occurrence made the basis of this complaint;
No. 6, whether singular or plural, that entity or those entities who or which manufactured,
designed and/or distributed the motor vehicle(s), involved in the occurrence made the basis
of this lawsuit, or any of the component parts thereof; No. 7, whether singular or plural, that
entity or those entities who or which were the master, principal, entrusted or employer of
the driver of the motor vehicle(s) involved in the occurrence made the basis of this lawsuit;
No. 8, whether singular or plural, that entity or those entities for whom the driver of the
motor vehicles worked for or were driving for at the time of the accident, or were operating
and/or performing some type of service or employment duty for at the time of this accident;
No. 9, whether singular or plural, that entity or those entities who or which negligently
entrusted the motor vehicle(s) involved in the occurrence made the basis of this lawsuit to
the drivel(s) thereof at the time of said occurrence; No. 10, whether singular or plural, that
entity or those entities on whose behalf the vehicle or vehicles involved in the accident made
the basis of this lawsuit was being operated at the time of said occurrence; No. 11, whether
singular or plural, that entity or those entities who or which was responsible for the condition
or state of repair of the vehicle(s) involved in the occurrence made the basis of this lawsuit;
No. 12, whether singular or plural, that entity or those entities, that individual or those
individuals who or which repaired, altered, or maintained the vehicle(s) involved in the
occurrence made the basis of this lawsuit; No. 13, whether singular or plural, that entity or
those entities who or which issued, or had a duty to issue, warnings or instructions regarding
the use or operation of any of the vehicles involved in the occurrence made the basis of this
lawsuit, any component part thereof, or any attendant equipment used or available for use
therewith; No. 14, whether singular or plural, that entity or those entities who or which
tested, inspected, approved, or issued any approval of any of the vehicles involved in the
occurrence made the basis of this lawsuit, any component part thereof, or any attendant
equipment used or available for use therewith; No. 15, whether singular or plural, that entity
or those entities who or which had supervisory authority relating to the maintenance,
operation, or to the selection, training and hiring of drivers of any of the vehicles involved in
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the occurrence made the basis of this lawsuit; No. 16 whether singular or plural, that entity
or those entities who or which issued any policy of insurance which provided coverage for
Plaintiffs or Defendants on the occasion made the basis of this lawsuit (including, but not
limited to, uninsured motorist coverage, excess or umbrella coverage, etc.); No. 17, whether
singular or plural, that entity or those entities who or which provided any insurance coverage
for any of the motor vehicles involved in the occurrence made the basis of this lawsuit, for
the driver of each respective motor vehicle or for any of the named fictitious parties
defendant listed or described herein; No. 18, whether singular or plural, that entity or those
entities other than those entities described above whose breach of contract or warranty
contributed to cause the occurrence made the basis of this lawsuit; No. 19, whether singular
or plural, that entity or those entities other than those entities described above, which is the
successor in interests of any of those entities described above; No. 20, whether singular or
plural, that entity or those entities other than those entities described above, which was the
predecessor corporation of any of the entities described above; No. 21, whether singular or
plural, that individual or those individuals, that entity or those entities who was or were
responsible for training, supervising, hiring or monitoring drivers for the Defendant driver;
and No. 22, whether singular or plural, that entity or those entities, that individual or those
individuals, described above whose negligence, wantonness, recklessness, breach of contract,
fraud, or other wrongful conduct contributed to cause the occurrence made the basis of this
lawsuit. Plaintiffs aver that the identities of the fictitious parties Defendants is otherwise
unknown to Plaintiffs at this time, or if their names are known to Plaintiffs at this time, their
identities as proper parties defendant is not known to Plaintiffs at this time notwithstanding
a diligent search and investigation, but their true names will be substituted by amendment
when ascertained; )
)
Defendants. )

COMPLAINT

VENUE AND JURISDICTION

1. Plaintiff, George Nance (known hereafter as “Plaintiff” or “George Nance”), is over the

age of nineteen (19) years, and resided in Madison County, Alabama at the time of the

accident made the basis of this lawsuit.

2. Plaintiff, Hassie Nance (known hereafter as “Plaintiff” or “Hassie Nance”), is over the age

of nineteen (19) years, and resided in Madison County, Alabama at the time of the accident

made the basis of this lawsuit.

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3. Defendant Teague VIP Express, LLC (hereafter “Teague VIP”) is a corporation with its

principal office in Anniston, Alabama. Upon information and belief, Teague does business

by agent in Calhoun County, Alabama.

4. Defendant Robin S. Vines (hereafter “Vines”) is an individual, who upon information and

belief is an adult over the age of nineteen (19) that is a resident of Anniston, Alabama.

Defendant Vines was operating a Teague VIP commercial bus in DeSoto County,

Mississippi, at the time of the accident.

5. Fictitious Party Defendants 1-22 are unknown at this time, but will be substituted when

ascertained. Hereafter, the term "Defendants" includes those named Defendants and those

Fictitious Party Defendants 1-22. It is Plaintiffs’ intent to state each and every cause of

action against each Fictitious Party Defendant.

6. Venue is proper in this Court as the Defendants reside in Calhoun County, Alabama, and

Plaintiffs also reside in Alabama.

STATEMENT OF FACTS

7. On or about November 14, 2018, at 12:35 pm, in DeSoto County, Mississippi, George and

Hassie Nance were riding in a commercial bus driven by Defendant Vines, and owned by

Defendant Teague VIP on MS Hwy 269.

8. Teague VIP operates commercial buses, and was hauling passengers from Huntsville,

Alabama to Tunica, Mississippi.

9. At approximately 12:35 pm that day, the bus driven by Vines, an agent and employee of

Teague VIP, an Alabama-based commercial carrier, improperly and in violation of the law

was operating too fast for weather conditions and did lose control and overturn.

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10. Said conduct by Vines and Teague VIP caused Plaintiffs to be seriously and significantly

injured.

11. Some forty (40) other individuals were also on the bus at the time of the accident and upon

information and belief, were injured and/or died.

COUNT I
(NEGLIGENCE/WANTONNESS)

12. Plaintiffs adopt and incorporate by reference all allegations of the preceding paragraphs

herein.

13. At the aforesaid time and place, and for some time prior thereto, Defendant Vines,

including Fictitious Party Defendants 1-22, was operating a commercial bus in the line and

scope of her employment with Teague VIP, and did operate such vehicle in violation of the

law, in violation of the Alabama Rules of the Road, and below the applicable standard of

care required of a commercial driver. Namely, Defendant Vines was negligent/wanton in

the following conduct:

a. Was overdriving the weather conditions at an excessive speed;

b. Failed to be fully licensed as a commercial vehicle driver on the roads of Alabama;

c. Failed to keep a proper lane with her commercial vehicle; and

d. Allowed the commercial vehicle to overturn.

14. At the aforesaid time and place, and for some time prior thereto, Defendant Teague VIP,

including Fictitious Party Defendants 1-22, was negligent/wanton in its own right as

follows:

a. Was operating a commercial bus with a driver that was untrained and incapable of

operating the motor vehicle safely; and

b. Was operating buses with a known history of “out of service” defects.

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15. Said conduct was the proximate cause of Plaintiffs’ injuries.

WHEREFORE, Plaintiffs demand judgment against all defendants jointly and severally,

including fictitious party defendants, in a sum of compensatory and/or punitive damages in excess

of the jurisdictional limits of this Court, to be determined by a jury, which will fairly and

adequately compensate Plaintiffs for the above described damages and injuries, together with

interest from the date of the incident and the costs of the proceeding.

COUNT II
(NEGLIGENT/WANTON ENTRUSTMENT)

16. Plaintiffs adopt and incorporate by reference all allegations of the preceding paragraphs

herein.

17. Defendant Teague VIP and Fictitious Party Defendants 1-22, negligently and/or wantonly

entrusted or loaned the operation of its commercial bus to Defendant Vines, and Fictitious

Party Defendants 1-22, after having notice that such driver was incompetent, not fully

licensed and/or incapable to operate the vehicle safely and consistent with the laws of this

State or Federal regulations.

18. Such conduct was the proximate cause of Plaintiffs’ injuries.

WHEREFORE, Plaintiffs demand judgment against all defendants jointly and severally,

including fictitious party defendants, in a sum of compensatory and/or punitive damages in excess

of the jurisdictional limits of this Court, to be determined by a jury, which will fairly and

adequately compensate Plaintiffs for the above described damages and injuries, together with

interest from the date of the incident and the costs of the proceeding.

COUNT III
(NEGLIGENT/WANTON HIRING, TRAINING AND SUPERVISION)

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19. Plaintiffs adopt and incorporate by reference all allegations of the preceding paragraphs

herein.

20. Defendant Teague VIP, and Fictitious Party Defendants 1-22, negligently and/or wantonly

failed to properly hire, supervise and/or train Defendant Vines, and Fictitious Party

Defendants 1-22, on proper operation of a commercial bus in inclement weather conditions,

in maintaining a proper lane, and generally on the operation and speed of the subject

Teague VIP commercial bus.

21. Defendant Teague VIP, and Fictitious Party Defendants 1-22, additionally negligently

and/or wantonly failed to properly interview, screen, hire or retain drivers that understood

or followed the applicable Federal and State laws, or the Alabama rules of the Road,

applicable to the operation of a commercial bus.

22. Such conduct was a proximate cause of Plaintiffs’ injuries.

WHEREFORE, Plaintiffs demand judgment against all defendants jointly and severally,

including fictitious party defendants, in a sum of compensatory and/or punitive damages in excess

of the jurisdictional limits of this Court, to be determined by a jury, which will fairly and

adequately compensate Plaintiffs for the above described damages and injuries, together with

interest from the date of the incident and the costs of the proceeding.

COUNT IV
(VICARIOUS LIABILITY)

23. Plaintiffs adopt and incorporate by reference all allegations of the preceding paragraphs

herein.

24. Defendant Teague VIP served as the employer and/or master of Defendant Vines, and

Fictitious Party Defendants 1-22.

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25. Defendant Vines, and Fictitious Party Defendants 1-22, was in the line and scope of

employment with Teague VIP on November 14, 2018 at or around 12:35 pm on the roads

of DeSoto County, Mississippi. Defendant Vines was acting for the benefit of, on behalf

of, and at the direction and control of, Defendant Teague VIP and Fictitious Party

Defendants 1-22 at the time of the accident made the basis of this lawsuit.

26. Defendant Teague VIP is vicariously liable for the acts of Defendant Vines and Fictitious

Party Defendants 1-22 at the time of the accident made the basis of this lawsuit.

WHEREFORE, Plaintiffs demand judgment against all defendants jointly and severally,

including fictitious party defendants, in a sum of compensatory and/or punitive damages in excess

of the jurisdictional limits of this Court, to be determined by a jury, which will fairly and

adequately compensate Plaintiffs for the above described damages and injuries, together with

interest from the date of the incident and the costs of the proceeding.

/s/ Josh J. Wright


JOSH J. WRIGHT, ESQ. (WRI045)
OF COUNSEL:
HOLLIS, WRIGHT, CLAY & VAIL, P.C.

JURY DEMAND

Plaintiffs request a trial by struck jury on all issues and counts allowable by law in this
case.

/s/ Josh J. Wright


OF COUNSEL

PLEASE SERVE THE FOLLOWING DEFENDANTS VIA CERTIFIED MAIL TO THE


FOLLOWING ADDRESSES:

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TEAGUE VIP EXPRESS, LLC


Attn: Tyrone Teague

ROBIN S. VINES

/s/ Josh J. Wright


OF COUNSEL