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Date: 01/07/2019 14:36 RECORD SHEET Page: 1 of 1

Number of records:6

Case Number: 2019L0000001

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CRABTREE V. FARRELL,ET AL

KATHLEEN CRABTREE; Plaintiff Nature of Case: Money Damage over $50,000


vs

JASON FARRELL,RYAN HUTE,JASON FARRELL Attorneys: GINZKEY,JAMES


D/B/A JASON FARRELL TRUCKING,3 GUYS & A
BUS,INC.,3 GUYS & A BUS D/B/A JASON FARRELL
TRUCKING; Defendants

Date Reporter Judge Description

01/04/2019 CASE ASSIGNED TO JUDGE FOLEY

01/04/2019 EFILE DOCKETING - Complaint filed


01/04/2019 Case set for: Case Management Conference on 6/28/2019 at 09:00
AM with Judge R Foley, Room 5B.
01/04/2019 Filing fees/fines/costs/penalties paid $267.00 on 01/04/2019,
receipt # 5531850, balance remaining $.00 - CRABTREE,
KATHLEEN - DOB: RACE: Unknown SEX: Unknown .
01/07/2019 Case set for: Unscheduled court appearance on 1/7/2019 at 12:00
AM with Judge R Foley, Room 5B.
01/07/2019 FOLEY,REBECCA Unscheduled court appearance Held.
Order Appointing Special Representative for Deceased Defendant
entered. See Order.
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
MCLEAN COUNTY,ILLINOIS

KATHLEEN CRABTREE,executor of the FILED


Estate of CHARLES CRABTREE,deceased 1/4/2019 4:01 PM
DONALD R. EVERHART, JR.
CLERK OF THE CIRCUIT COURT
MCLEAN COUNTY, ILLINOIS
Plaintiff,

VS.
2019L0000001

JASON FARRELL; JASON FARRELL d/b/a


JASON FARRELL TRUCKING; FIRST CASE MANAGEMENT CONFERENCE
3 GUYS & A BUS,INC.; 3 GUYS & A BUS
BEFORE JUDGE
d/b/a JASON FARRELL TRUCKING; and
B. McLEAN ARNOLD,Special Representative SET ON 9@ 9)00 am
ofRYANHUTE,deceased.

Defendants.

COMPLAINT

Plaintiff, KATFILEEN CRABTREE, executor of the Estate of CHARLES

CRABTREE, deceased, by her undersigned attorneys, complains of defendants, JASON

FARRELL,JASON FARRELL d/b/a JASON FARRELL TRUCKING,3 GUYS & A BUS,

INC.,3 GUYS &ABUS d/b/a JASON FARRELL TRUCKING,and B.McLEAN ARNOLD,

Special Representative ofRYAN HUTE, deceased, as follows:

COUNTI
(Negligence v. HUTE)

1. Plaintiff, KATHLEEN CRABTREE,is the duly appointed executor of the Estate of

CHARLES CRABTREE,deceased.
2. Pursuant to735 E.CS 5/13-209(b)(2) defendant, B. McLEAN ARNOLD,is the duly

appointed Special Representative ofRYAN HUTB,deceased (hereinafter "HUTE")-

3. On December 5,2018,and at all relevant times defendant,JASON FARRELL,resided

in Preston, Iowa.

4. At all times relevant hereto defendant, JASON FARRELL d/b/a JASON FARRELL

TRUCKING, was a foreign business entity engaged in the interstate commercial

trucking business with its principal place of business in Clinton,Iowa.

5. At all times relevant hereto defendants, 3 GUYS & A BUS,INC. and 3 GUYS & A

BUS d/b/a JASON FARRELL TRUCKING, were foreign entities engaged as an

interstate common carrier with its principal place of business in Preston, Iowa.

6. On December 5,2018 at approximately 8:30 p.m.,decedent,CFIARLES CRABTREE,

was riding as a passenger on a school bus traveling westbound on Interstate 74 near

Downs,Illinois.

7. Atthat time and place,HUTE was driving a tractor-trailer eastbound in the westbound

lanes ofInterstate 74 when he caused a head on collision with the school bus in which

CFIARLES CRABTREE was traveling as a passenger.

8. At the time of the collision, HUTE owed CHARLES CRABTREE and every other

motorist or passenger on the road aduty to exercise ordinary care under the laws ofthe

state of Illinois, federal motor carrier safety regulations, and common sense in the

operation ofthe tractor-trailer.

Page 2 of 5
9. In violation ofthat duty,HUTE was guilty of one or more ofthe following negligent

acts or omissions:

A. Failing to reduce his speed to avoid a collision in violation of625 ILCS 5/11-
601(a);

B. Failure to obey a traffic control device in violation of625 ILCS 5/11-305;

C. Failing to use ordinary care to avoid a collision;

D. Failing to keep a proper lookout for other vehicles;

E. Failing to realize he was driving on the wrong side of the road;

F. Driving the wrong way on a divided highway; and

G. Driving with impaired judgment.

10. As a direct and proximate result of HUTE's negligence, CHARLES CRABTREE

sustained severe and fatal injuries, had to undergo necessary medical treatment,

incurred substantial expenses for medical care and treatment, experienced conscious

pain and suffering, and his surviving heirs have suffered pecuniary injuries and the

loss of his society, love, and affection.

COUNT 11
(Respondent Superior v. FARRELL)

1-10. Plaintiffrepeats and realleges paragraphs 1-10 ofCountlas paragraphs 1-10 ofCount
11 as iffully set forth herein.

11. At all times relevant hereto, HUTE was an employee/agent of defendants, JASON

FARRELL,JASON FARRELL d/b/a JASON FARRELL TRUCKING,3 GUYS &

Page 3 of 5
A BUS,INC., 3 GUYS & A BUS d/b/a JASON FARRELL TRUCKING,working

in the course and scope of his employment/agency.

COUNT III
(Negligent Hiring/Retention v. FARRELL)

1-11. Plaintiff repeats and realleges paragraphs 1-11 ofCount II above as paragraphs I-11

of Count III as if fully set forth herein.

12. On December 5, 2018 defendants, JASON FARRELL, JASON FARRELL d/b/a

JASON FARRELL TRUCKING,3 GUYS & ABUS,INC.,3 GUYS & ABUS cEb/a

JASON FARRELL TRUCKING owed a duly to CHARLES CRABTREE and every

other motorist or passenger on the road to hire drivers that it knew would comply with

Illinois law, federal motor carrier safety regulations, and common sense safe driving

principles.

13. On December 5, 2018 defendants, JASON FARRELL, JASON FARRELL d/b/a

JASON FARRELL TRUCKING,3 GUYS & A BUS,INC.,3 GUYS & ABUS d/b/a

JASON FARRELL TRUCKING, Icnew or should have loiown that HUTE had a

particular unfitness for his position as a driver so as to create a danger ofharm to third
persons.

14. That at the time of HUTE's hiring, defendants, JASON FARRELL, JASON

FARRELL d/b/a JASON FARRELL TRUCKING, 3 GUYS & A BUS, INC., 3

GUYS & ABUS d/b/a JASON FARRELL TRUCKING knew or should have known

of HUTE's unfitness as a driver.

Page 4 of 5
15. On December 5, 2018 HUTE's unfitness as a driver for defendants, JASON

FARRELL,JASON FARRELL d/b/a JASON FARRELL TRUCKING,3 GUYS &

A BUS,INC.,3 GUYS & ABUS d/b/a JASON FARRELL TRUCKING,proximately

caused the head-on collision on Interstate 74 that caused serious and fatal injuries to

CHARLES CRABTREE.

Wherefore,plaintiff,KATFILEEN CRABTREE,executor ofthe Estate ofCHARLES

CRABTREE, deceased prays judgment against defendants, JASON FARRELL, JASON

FARRELL d/b/a JASON FARRELL TRUCKING,3 GUYS & A BUS,INC.,3 GUYS & A

BUS d/b/a JASON FARRELL TRUCKING, and B. McLEAN ARNOLD, Special

Representative ofRYAN HUTE,deceased in an amount in excess of$50,000 plus costs of

suit for:

A. All damages recoverable pursuantto the Illinois Survival Act(775ILCS 2/27-


6); and

B. All damages recoverable pursuant to the Illinois Wrongful Death Act(740


ILCS 180-7).

KATHLEEN CRABTREE,Executor ofthe


Estate ofCHARLES CRABTREE,deceased.

By: /s/James P. Ginzlcev


One of Her Attorneys
James P. Ginzkey
GINZKEY LAW OFFICE
221 E, Washington St.
Bloomington, IL 61701
(309)821-9707 fax:(309)821-9708
ARDC #3124355
Primary Service: service@ginzkeyIaw.coni
Secondary Service: jim@ginzkeylaw.com
R:\Data\Clients\Crabtree\OPleadingsMComplaiiitAvpd

Page 5 of 5
SUMME COURT RULE 222(b)AFFIDAVIT

STATE OF ILLINOIS )
)ss
COUNTY OF McLEAN )

I,JAMESP. GINZKEY,after having been first duly sworn,on oath and affimlatidn state that

damages sought,in this,cause do exceed $50,000.

FURTHER AFFIANT SAYETH NOT.

Subscribed and sworn to before me this

day of -9 I

2019.
OFFICIAL SEAL
SUSAN RASOR
notary public -STATE OF ILLiwnic
Notary Public MY COMMISSION EXpSS®

James P.. Ginzkey


GINZKEY LAW OFFICE
221 E. Washington St.
Bloomington,IL 61701
(309)821-9707 fax:(309)821-9708
ARDC #3124355
Primary email: service@ginzlceylaw.com
Secondary email:jim@ginzkeylaWiCom