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ELECTRONICALLY FILED
5/21/2019 3:48 PM
37-CV-2019-900040.00
CIRCUIT COURT OF
HENRY COUNTY, ALABAMA
SHIRLENE B. VICKERS, CLERK
IN THE CIRCUIT COURT FOR HENRY COUNTY, ALABAMA

AMY FARVER; and )

TIFFANY LONG, individually and on )
behalf of all others similarly situated, )
)
Plaintiffs, )
)
v. ) Case No. CV-2019-__________
)
A. & J. LAB COLLECTIONS, LLC; )
BRANDY MURRAH-WILLIAMS; and )
Fictitious Defendants “A”, “B”, and “C”, ) JURY TRIAL DEMANDED
being those other persons, corporations, )
partnerships, or other entities whose )
identities are unknown at this time but )
will be supplemented by amended upon )
their discovery; )
)
Defendants. )
__________________________________________)

CLASS ACTION COMPLAINT

COME NOW AMY FARVER and TIFFANY LONG, by and through counsel, and hereby

bring this action in their individual capacities and on behalf of all others similarly situated against

A. & J. Lab Collections, LLC, Brandy Murrah-Williams, and Fictitious Defendants “A”, “B”, and

“C” (together, “Defendants”). In support hereof, Plaintiffs show unto the Court as follows:

STATEMENT OF THE PARTIES

1. Plaintiff, AMY FARVER (hereinafter “Plaintiff Farver”), is over the age of nineteen (19)

years and is a resident citizen of Houston County, Alabama.

2. Plaintiff, TIFFANY LONG (hereinafter “Plaintiff Long”), is over the age of nineteen (19)

years and is a resident citizen of Dale County, Alabama.

3. Defendant, A. & J. LAB COLLECTIONS, LLC (hereinafter “A&J”), a limited liability

company formed pursuant to the laws of the State of Alabama, has a principle place of business
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located in Dale County, Alabama, and did business by agent in Henry County, Alabama, at all

times materially relevant hereto.

4. Defendant, BRANDY MURRAH-WILLIAMS (hereinafter “Murrah”), is a resident citizen

of Henry County, Alabama, and is over the age of nineteen (19) years.

5. Fictitious Defendants “A”, “B”, and “C” are those persons, corporations, partnerships, or

other legal entities whose identities are unknown to the Plaintiff but will be supplemented upon

discovery thereof.

STATEMENT OF JURISDICTION AND VENUE

6. This Court has subject matter jurisdiction pursuant to Ala. Code (1975) § 12-11-30, as the

amount in controversy exclusive of interest and costs exceeds $10,000.00.

7. Venue is proper in this judicial circuit pursuant to Ala. Code (1975) § 6-3-2(a)(3), as

Defendant Murrah’s permanent residence is in Henry County, Alabama.

STATEMENT OF FACTS

8. Defendant Murrah is the owner and sole member of Defendant A&J.

9. Defendant A&J contracts with several offices of Alabama’s Department of Human

Resources (hereinafter “DHR”) for the purpose of collecting specimens of urine, hair follicles,

blood, and/or other bodily fluids or parts (hereinafter “specimens”); conducting forensic drug

and/or DNA testing upon said specimens; and reporting the results of testing upon said specimens

to DHR.

10. At the behest of Dale County’s DHR office, MURRAH, acting on behalf of A&J, collected

specimens from the Plaintiffs and purported to perform testing upon said specimens.

11. A&J provided DHR with reports indicating that Plaintiff’ respective samples tested

positive for illegal and/or illicit drugs when, in fact, no such drugs had been used or otherwise
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ingested by either Plaintiff and no such drugs were present in Plaintiffs’ respective bloodstreams,

urine specimens, or otherwise in/upon their respective personages.

CLASS ACTION ALLEGATIONS

12. Pursuant to Rule 23 of the Alabama Rules of Civil Procedure, Plaintiffs bring this class

action as a statewide class action on behalf of themselves and the following Class of similarly

situated individuals:

All persons who have submitted urine, blood, hair, or other

biological specimens to the Defendants for testing, with said testing

being performed incorrectly, reported incorrectly, or not performed

or reported at all.

Excluded from the Class are the (i) owners, officers, directors, employees, agents, and/or

representatives of A&J and its parent entities, subsidiaries, affiliates, successors, and/or assigns,

and (ii) the Court, Court personnel, and members of their immediate families.

13. The putative Class is, through information and belief, comprised of several dozen persons,

perhaps several hundred, making joinder impracticable. Disposition of this matter as a class action

will provide substantial benefits and efficiencies to the Parties and the Court.

14. The rights of each Class Member were violated in a virtually identical manner as a result

of the Defendants’ negligent, wanton and/or willful actions and/or inactions.

15. Questions of law and fact common to all Class Members exist and predominate over any

questions affecting only individual Class Members, including, inter alia:

a. Whether the Defendants violated any standards of care owed to the Plaintiffs and

Class Members by failing to properly obtain, secure, test or submit for testing, and/or report the

testing upon specimens obtained from the Plaintiffs and Class Members;
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b. Whether the Defendants failed to maintain and/or execute reasonable procedures

designed to prevent the incorrect or otherwise improper collection, handling, testing, or reporting

upon specimens obtained from the Plaintiffs and Class Members;

c. Whether the Plaintiffs and Class Members sustained damages as a result of the

Defendants’ failure to properly obtain, secure, test or submit for testing, and/or report upon

specimens obtained from the Plaintiffs and Class Members.

16. Plaintiffs’ claims are typical of Class Members’ claims in that Plaintiffs’ claims and Class

Members’ claims all arise from the Defendants’ failure to properly obtain, secure, test or submit

for testing, and/or report the testing upon specimens obtained from the Plaintiffs and Class

Members.

17. Plaintiffs and their counsel will fairly and adequately represent the interests of Class

Members. Plaintiffs have no interests antagonistic to, or in conflict with, Class Members’ interests.

Plaintiffs’ lawyers are experienced litigators and intend to vigorously prosecute this action on

behalf of Plaintiffs and Class Members.

18. A class action is superior to all other available methods for fairly and efficiently

adjudicating Plaintiffs’ and Class Members’ claims. Plaintiffs and Class Members have been

irreparably harmed as a result of Defendants’ wrongful actions and/or inactions. Litigating this

case as a class action will reduce the possibility of repetitious litigation relating to the Defendants’

wrongful actions and/or inactions.

19. Class certification, therefore, is appropriate pursuant to Al. R. Civ. P. 23.

COUNT ONE
NEGLIGENCE, WANTONNESS, AND/OR WILLFULNESS

20. Plaintiffs re-allege all prior paragraphs as if set out here in full.
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21. Defendants MURRAH and A&J, acting individually and in concert with one another and

also with Fictitious Defendants “A”, “B” and “C”, owed a duty of reasonable care to the Plaintiffs

and Class Members in the collection, handling, testing, and reporting of testing upon any and all

specimens obtained from Plaintiffs and/or Class Members by the Defendants.

22. Defendants breached said duty of care by negligently, wantonly, and/or willfully

collecting, handling, testing, or reporting the results of testing upon said specimens erroneously,

incorrectly, and/or falsely in such a way as to indicate that Plaintiffs and Class Members were

using or had recently used illegal or illicit drugs when, in fact, they had not.

23. As a proximate result of the Defendants’ negligent, wanton, and/or willful conduct,

Plaintiffs and Class Members were caused to suffer damages in the form of:

a. Loss of reputation;

b. Loss of custody, visitation and/or time spent with their children;

c. Loss of freedom;

d. Loss of time spent while attending various DHR and/or court-related matters;

e. Loss of money in the form of attorneys’ fees, court costs, fines, and other related

expenses;

f. Mental anguish and emotional distress.

PRAYER FOR RELIEF

WHEREFORE, the above premises considered, Plaintiffs, on behalf of themselves and all

Class Members similarly situated, hereby respectfully request that (i) the Defendants be cited to

appear and answer this lawsuit, (ii) this action be certified as a class action, (iii) Plaintiffs be

designated as the Class Representatives, and (iv) Plaintiffs’ counsel be appointed as Class Counsel.

Plaintiffs, on behalf of themselves and all Class Members similarly situated, further request that
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upon trial or hearing, judgment be entered against the Defendants for both compensatory and

punitive damages in an amount deemed proper by a jury, as well as attorneys’ fees, costs of court,

and any and all further relief deemed appropriate by this Court.

JURY DEMAND

Plaintiffs, on behalf of themselves and all others similarly situated, respectfully demand a

trial by jury on all of the claims and causes of action so triable.

RESPECTFULLY SUBMITTED this the 20th day of May, 2019.

/s/ M. Adam Jones

M. ADAM JONES (JON-126)

/s/ Jordan S. Davis

JORDAN S. DAVIS (DAV-192)

Of Counsel:
M. ADAM JONES & ASSOCIATES, LLC
206 N. Lena St.
Dothan, AL 36303-4429
Tel: 334-699-5599
Fax: 334-699-5588
Adam@AdamJonesLaw.com
Jordan@AdamJonesLaw.com

/s/ Spencer W. Danzey

SPENCER W. DANZEY (DAN-042)

Of Counsel:
THE DANZEY FIRM, PC
P.O. Box 608
Abbeville, AL 36310-0608
Tel: 334-585-2246
Fax: 334-585-5392
spence@danzeyfirm.com
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DEFENDANTS TO BE SERVED VIA CERTIFIED MAIL:

A. & J. Lab Collections

c/o Brandy Murrah
120 West Court Square
Ozark, AL 36360

Brandy Murrah-Williams
6406 N. County Rd. 75
Clopton, AL 36317