CRUZ v. FEDEX GROUND PACKAGE SYSTEM, INC. et al complaint

8/10/2019 CRUZ v. FEDEX GROUND PACKAGE SYSTEM, INC. et al complaint

1/18

State

Court of

Fulton

County

***EFILED***

GEORGIA, FULTON COUNTY

Second

Original

. ___ l l ~ & ServeXpress

DO

NOT WRITE II'l T H I ~ ~ l o n ID: 56072236

Date:

Sep 23 2014 9 ~ 1 8 A M

STATE COURT

OF

FULTON COUNTY

CIvil Clvls10n

Stephanie Cruz

clo

Graham & Jensen, LLP

17 Executive

Park

Drive, Suite 115

Atlanta, Ge

or

gia

30329

Plaintiffs Name,

Address, Cily, State,

Zip Code

18.

CIVIL ACTION

FILE

NO. Cicely

Barber, Clerk

u NOTE-

DESIGNATED

E.FILE

C A S e M ~ W R

AND

At.L

PLEADINGS

MUST BE

EFILED

****

CCINTACT

THE

COURT

AT 404.613.

5040

AND

lEXISNEXIS CUSTOMER SUPPORT AT 1.888.529 .

7587

TYPE

OF

SUIT

I ] ACCOUNT

I ]

CONTRACT

{

]NOTE

1

]TORT

( IPERSONAL INJURY

[ JFOREIGN

JUDGMENT

AMQUNT

OF SUiT

PRINCIPAL

INTEREST _ _

AnY

FEES

,

FedEx Ground Package System Inc. clo ~ ~ ~ ~

LIEN

COURT

COST

Corporation Process Company, 2180 Satellite

[ )

NEW FILING

Duluth, Georgia

30097 ( I

RE-FILlNG: PREVIOUS

CASE

NO.

Defendants Name. Address, City. State, Zip Code

SUMMONS

TO THE ABOVE NAMED-DEFENDANt

:

You are hereby required to file

wnh

the

Clerk of

said court and to serve

acopy

on the PlalnUffs

Attorney,

or on Plaintiff

if

no Attorney, to-wi :

Name: Eric l Jensen

Address:17 Executive Park Drive, Suite 115

Cily.

State

, Zip

CodaAtlanta, Ge orgia 30329 Phone No.

:

404 842 9380

An answer to the complaint which is herew

i

th

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 this

action.

DEFENSE MAY

BE MADE

&

JURY

TRIAL

DEMA

NOED

,via electronic filing through

LexisNexis

or

,

f desired. attha e-filing public access tenninal in the

elEn's

Office at 185 Central Ave.,

SW.,

Room

TG100, AUanta,

GA

30303.

Thls - -

Cleely Barber,

Chief Clen (electronic signature)

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, r Ifsuit is

based on

an

unconditional contract1n writing. then the defendant 's

anSwer

ml)st be swom to.

ff

the

princ i

pal sum claimed in he suit.

or

value

of the property

sued ror, is

less

than 300.00,

end

Is

on a note,

uncond

itional contract,

account

swom

to,

or the petillon

swom

to,

defense must be made

byiUing a

swom

answer setting

up

the facts

relied on as adefense

.

SERVICE INFORMA nON

Served. this ay of

, 20

DEPUTY MARSHAL, STATE COURT

OF

FULTON COUNTY

WRITE

VERDICT HERE

:

We,

the Jury, find for

~ ~ ..

-.

-.--

This a y o f ~ ~ 20____

_

oreperson

(STAPLE TO

FRONT OF COMPLAINn

EXHI IT

j

Case 1:14-cv-03510-WSD Document 1-1 Filed 10/31/14 Page 1 of 18


2/18

Second Origina l

State

ourt of

Fulton County

***EFILED***

IN

THE STATE COURT

OF

FULTON COUNTY

STATE OF GEORGIA

File ServeXpress

Transaction ID:

56072236

Date: Sep

23 2014 09:18AM

Cicely Barber

Clerk

Civil DivIsion

STEPHANIE CRUZ,

Plaintiff,

vs.

FEDEX GROUND PACKAGE SYSTEM, INC.,

MICHAEL BRYANT,

USA

TRUCK, INC.,

ACE

AMER1CAN

INSURANCE COMPANY,

FEDERAL lNSURANCE COMPANY, and

JOHN DOE

Defendants.

~ [ P L I N T

Civil Action Number:

COMES NOW Plaintiff, Stephanie Cruz, ( Plaintjff'),

files

her Complaint, through

undersigned counsel, and respectfully shows the Court

as follows:

1.

Plaintiff is a resident

of

the

Slate

ofGeorgia.

2.

FedEx Ground Package System,

Inc.

is

Ii

foreign corporation existing under the laws

of

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

pl ce 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.



3/18

4.

Ace American Insurance Company is a foreign corporation existing under the laws of

Pennsylvania with its principal place o 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 o this Court.

5.

Michael Bryant is a Texas resident. He may be served wilh a copy o 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

o

Arkansas with its

principal place o business in Arkansas

UJd

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 o 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

ay 20, 2014

efendant

John Doe traveled southbound

on

Interstate 85

in

Jackson

County, Georgia ddving a tractor trailer owned

by

FedEx Ground Package System, Inc.

2



4/18

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,

D t ~ f l l d a n t

Michael Bryant struck the rear passenger

side

o

her vehicle.

14.

Following the collision, Defendant John Doc fled the scene o the collision without

stopping.

IS

The impact

o Ihe

collision caused damage

to

PlainUfrs vehicle.

16

As a result o the collision,

Plaintiff

suffered injuries.

17

Plaintiff is entitled to recover all past present, and future damages suffered as a result o

this incident.

3



5/18

COUNT I: NEGLIGENCE JOHN

DOE

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

Pain and

suffcling;

c.

Mental anguish;

d.

Lost wages;

e.

Punitive damages; and

f.

Diminished quality oflile.

22.

As

a proximate and direct result ofDciendant Doe s negligence, PlaintiffsuITcred special

damages.

4



6/18

23.

Defendant Doe s conduct was reckless. willful

and

wanton, and demonstrates a conscious

indifference to consequences o 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 .

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

o

enjoyment

of

life

in

amounts to be detennined at

trial.

together with pre and post judgment interest as

allowed by law, punitive damages, attorney s fees costs, expenses pursuant to O.C.G.A. 13-6-

11 and for such other and further relief as this Court deems just and proper.

COUNT II: NEGLIGENCE- MICHAEL BRY ANT

25.

Plaintiff

incorporates

by

reference

each

earlier paragraph

o

this

Complaint

with the

full

force ilnd effect as i 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 o

the collision,

and

Plainfifrs reslJlting injuries.

5



7/18

28.

As a direct and proximate result of Defendant Bryant s negligence, Plaintiff suffered

injuries and damages. Plaintiff is entitled

to

monetary damages from Defendant

Bryant to

compensate

11cr

for

the

following elements

of damage:

a

MedicHI expense;

b.

Pain

and

suffering;

c.

Mental anguish;

d.

Lost

wages;

e


f

Dimillishe -i

quality oflife.

29.

As

a

proximate and

direct

result

of

Defendant Bryant s negligence, Plaintitf suffered

special damages.

30.

WHEREFORE,

Plaintiff demands judgment against

Defendant

Bryant

for

special

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.

COUNT Ill IMPUTED LIABILITY. Fl :DEX GROUND P CK GE SYSTEM, JNC.

31.

Plaintiff incorporates by reference each earlier paragraph of this Complaint with the fuJI

force and effect as if they werc restated verbatim.

6



8/18

32.

At th time

of

the subject collision, Defendant Doe was under dispatch for Defendant

Fedex Ground Package System. Inc.

33.

Defendant Fedex Ground Package System

t

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.

Plaintif f is entit led to monetary damages from Defendants to compensate her for the

following eleplents

of

damage:

a. Medical expense;

b.

Pain and suffering;

c.

Mental anguish;

d.

Lost

wages;

e.


f

Diminished quality

of

life.

35.

As a

proximate and

direct

result

of

Defendants

negligence, Plaintiff

suffered

special

damages.

7



9/18

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

y

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.

COUNT lV: lMPUTED LJABlLlTY- USA TRUCK, INC.

38.

Plaintiff incorporates

y

reference each earlier paragraph

of

this Complaint with the

full

force

rm

effect

as jf

they were restated verbatim.

39.

At the time of the subject collision, Defendlmt Michael Bryant was lmder dispatch

for

Defendant USA Truck, Inc.



10/18

40.

Defendant USA Truck, Inc. is responsible for the actions

o

Defendant Michael Bryant

with regard to the collision described in this Complaint under the doctrine

o

lease liability

respondent superior, agency and/or apparent liability.

41

As a direct and proximate result o Defendants negligence, Plaintiff suffered injuries and

damages. Plaintiff

is

entitled to monetary damages from Defendants to compensate her for the

following elements

o

damage:

a. Medical expense;

b.

Pain and suffering;

c.

Mental anguish;

d

Lost wages;

e. Diminished quality of

life.

42.

As

a proximate and direct result o Defendants negligence, Plaintiff suffered special

damages,

43.

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

o

enjoyment

o 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.



11/18

COUNT V: NEGLIGENT HIRING, TRAINING S U P R V I S I O N ~ FEDEX GROUND

PACKAGE SYSTEM INC.

44.


by

reference each earlier paragraph

of

this Complaint with

the

full

force

and effect as j

hey

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. Pain and

suffering;



12/18

c. Mental anguish;

d. Lost wages;

e. Punitive damages; and

f Diminished quality of life.

SO

As a proximate and direct result of Defendants negligence, Plaintiff suffered special

damages.

SJ.

Defendants conduct was reckless, willful

and

wanton, and demonstrates a conscious

indifference

to

consequences

of

their actions and entitles Plaintiff

10

an

award

of

punitive

damages.

52.

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. 3

w

6-J J.

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 t o

be

detennined at trial, together

with pre

and post judgment illterest

as

allowed y law, punitive damages, attomey s fees, costs, expenses pursuant to O.C.G.A. \3-6-

11, and for such other

and

further relief as this Court deems just and proper.

11



13/18

COUNT VI: NEG.L1GENT HIRING, TRAINING SUPERVISION USA TRUCK, INC.

53.


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

entrusting him to drive a tractortraiJer.

55.

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 o 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 fOT

lhe

following

elements of

damage;

a.

Medical expense;

b. Pain

and suffering;

12



14/18

c. Mental anguishj

d.

Lost wages;

e. Punit ive damages; and

f. Diminished

quality oflife,

59.

As a proximate and direct result

o

Defendants negligence, Plaintiff suffered special

damages.

60.

Defendants

conduct was reckless,

willful and

wanton,

and

demonstrates

a

conscious

indifference

to

consequences of their actions

and

entitles Plaintiff

to

an

award

o

punitive

damages.

61.

Defendants have been stubbornly litigious,

acted in

bad faith, and have caused Plaintiff 10

incur unnecessary trouble

and

expense for which she is entitled to recover attorney s

fees

costs,

and expenses, pursuant to O.C.G.A. ] 6 ~ 1 1 .

WHEREFORE, Plaintiff demands judgment against Defendants for special damages in

an

amount to be proven

at

trial,

fOT

genera) damages tor

pain and

suffering and

loss

o enjoyment

o

life

in amounts to

be

detennined

at

trial, together

with pre

and

post

judgment interest as

allowed

y

Jaw punitive damages, attorney s fees costs, expenses pursuant to O.C.G.A. 13-6-

11

and for such other and further relief as this Court deems just

and

proper.

13



15/18

COUNT VII: DIRECT ACTION FEDERAL INSURANCE COMPANY

62.

Plaintiff incorporates y reference

each

earlier paragraph of this Complaint with the full

force and effect as i they were restated

vcrbfttim

.

63.

Defendant Federal Insurance Company

is

subject

to

a direct

action as the

insurer for

Dcfendant

USA Truck,

Jnc.

pursuant to O.C.G.A. ~ 2 ~ 1 4

64.

Defendant Federal Insurance Company was the insurer of Defendant USA Truck, Inc . at

the time

of

the subject incident and issued 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. Pain and suffering;

c

Mental anguish;

14



16/18

d, Lost wages;

e. Punitive damages; and

f. Diminished quality

of

life.

68.

Defendants negligence is the sole and proximate cause of Plaintiffs injuries.

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 y

Jaw and

for such other

and

further relief as this Court deems just and proper.

COUNT VIII: DIRE T

C T I O N ~

ACE AMERICAN INSURANCE COMPANY

71.


y

reference each earlier paragraph of this Complaint with the full

force and effect as if they were restated veJ batim.

n

Defendant

ce

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, lIlC,

15



17/18

74

Defendant Ace American Insurance Company and Defendant USA Truck, Inc are

subject to the filing requirements outlined in O.C.O.A.

0 ~ 2 1 4 0 .

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

o

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

o

damage:

a. Medical expense;

b

Pain and suffering;

c.

Mental anguish;

d Lost wages;

e Punitive damages;

and

f Diminished quality o life.

77

Defendants negligence is the sole and proximate cause o Plaintiffs injuries.

78

As proximate and direct result o Defendants negligence, Plaintiff suffered special

damages.

16



18/18

79.

WHEREFORE, Plaintiff demands judgment against Defendants fur special damages in

an amount

to be

proven

at

trial,

for genera

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

y law,

and

for

such other

and

further reliefas this Court deems just

and

proper.

This the 23

Td

day

of

September,

2014.

Graham Jensen, LLP

17

Executive Park Drive

Suite 115

Atlanta, Georgia 30329

Telephone:

(404) 842-9380

Fllcsimile: (678) 904-3110

17

ls Eric L. Jensen

Eric L.

Jensen

Georgia Bar No.391259

Jason W.

Graham

Georgia BarNo 304595

Satyam Mehta

Georgia Bar

No

557090

Attol11cys

for

Plaintiff


Documents

CRUZ v. FEDEX GROUND PACKAGE SYSTEM, INC. et al complaint