CRUZ v. FEDEX GROUND PACKAGE SYSTEM, INC. Et Al Complaint

Case 1:14-cv-03510-WSD Document 1-1 Filed 10/31/14 Page 1 of 18
State Court of Fulton County
***EFILED***
Second Original
___ fll~ & ServeXpress
DO NOT WRITE II'l THI~~lon ID: 56072236

Date: Sep 23 2014 09~18AM
GEORGIA, FULTON COUNTY
CIVIL ACTION FILE NO.

Cicely Barber, Clerk
u* NOTE- DESIGNATED E.FILE CASeM~W6R AND
At.L PLEADINGS MUST BE EFILED ****
STATE COURT OF FULTON COUNTY

CIvil Clvls10n
CCINTACT THE COURT AT 404.613.5040 AND

lEXISNEXIS CUSTOMER SUPPORT AT 1.888.529.7587
Stephanie Cruz clo Graham & Jensen, LLP
TYPE OF SUIT
AMQUNT OF SUiT
17 Executive Park Drive, Suite 115

PRINCIPAL $_ _ __
I ] ACCOUNT
I ] CONTRACT
Atlanta, Georgia 30329

Plaintiffs Name, Address, Cily, State, Zip Code
'18.
{ ]NOTE
INTEREST $_ __
1 ]TORT
( I PERSONAL INJURY
AnY. FEES $,_ _ __
[ J FOREIGN JUDGMENT
FedEx Ground Package System Inc. clo
!~ ~~~~
LIEN
Corporation Process Company, 2180 Satellite Blv~ .
COURT COST $ _ __
................
[ ) NEW FILING
( I RE-FILlNG: PREVIOUS CASE NO. _ _ _ __
Duluth , Georgia 30097

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 a copy 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 Coda:Atlanta, Georgia 30329
Phone No.: 404 842 9380
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 _ _- --
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, 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.
SERVICE INFORMA nON:
Served. this _ _ day of _ _ _ _ _ _ ., 20_ _.

DEPUTY MARSHAL, STATE COURT OF FULTON COUNTY
WRITE VERDICT HERE:

We, the Jury, find for _ _ __
-.--------------------.-..
_ _ _ _ _ _ __ _ _ _ _ Foreperson
..
This _ _ _ dayof ~_~---__ , 20____ .
-~~---
-~----
(STAPLE TO FRONT OF COMPLAINn
EXHIBIT

State Court of Fulton County
***EFILED***
Second Original
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,
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.
Plaintiff is a resident of the Slate of Georgia.
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 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
Michael Bryant struck the rear passenger
side of her vehicle.

14.
Following the collision, Defendant John Doc fled the scene of the collision without
stopping.
IS.
The impact of Ihe collision caused damage to PlainUfrs vehicle.

16.
As a result of the collision, Plaintiff suffered injuries.

17.
Plaintiff is entitled to recover all past, present, and future damages suffered as a result of
this incident.
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.
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).
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 post judgment interest as
allowed by law, punitive damages, attorney's fees, costs, expenses pursuant to O.C.G.A. 13-611, and for such other and further relief as this Court deems just and proper.
COUNT II: NEGLIGENCE- MICHAEL BRY ANT
25.
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.
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 PACKAGE 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.
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.
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.
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).
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.
COUNT lV: lMPUTED LJABlLlTY- USA TRUCK, INC.

38.
force rmd 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.
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.
following elements of damage:
a.
Medical expense;
b.
Pain and suffering;
c.
Mental anguish;
d.
Lost wages; ~md
e.

42.

damages,
43.
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.
COUNT V: NEGLIGENT HIRING, TRAINING & SUPERVISION~ FEDEX GROUND

PACKAGE SYSTEM, INC.
44.
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.
damages. Plaintiff is entitled to monetary damugefi from Defendants to compensate him for the
a.
Medical expense;
b.
Pain and suffering;
c.
Mental anguish;
d.
Lost wages;
e.
f.

SO.

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. J3 6-J J .
w

of life in amounts t'o be detennined at trial, together with pre and post judgment illterest as
allowed by law, punitive damages, attomey's fees, costs, expenses pursuant to O.C.G.A. \3-611,
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.
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 of the collision, and Plaintiff's resulting injuries.
58.
damages. Plaintiff is entitled to monetary damages from Defendants to compensate her
following elements of damage;

a.
Medical expense;
b.
Pain and suffering;
12
fOT
lhe
c.
Mental anguishj
d.
Lost wages;
e.
f.
Diminished quality oflife,

59.

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 of 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. ] 3-6~11.

an amount to be proven at trial, fOT genera) damages tor pain and suffering and loss of enjoyment
of life in amounts to be detennined at trial, together with pre and post judgment interest as
allowed by Jaw, punitive damages, attorney's fees, costs, expenses pursuant to O.C.G.A. 13-611, and for such other and further relief as this Court deems just and proper.
13
COUNT VII: DIRECT ACTION- FEDERAL INSURANCE COMPANY

62.
force and effect as if 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. 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.
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
d,
Lost wages;
e.
f.

68.
Defendants' negligence is the sole and proximate cause of Plaintiffs' injuries.
69.
damages.
70.
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.
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.
a.
Medical expense;
b.
Pain and suffering;
c.
Mental anguish;
d.
Lost wages;
e.
f.

77.
Defendants' negligence is the sole and proximate cause of Plaintiffs' injuries.

78.
damages.
16
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 by law, and for such other and further reliefas this Court deems just and proper.
This the 23Td day of September, 2014.
lsI Eric L. Jensen
Eric L. Jensen
Georgia Bar No.3 91259
Jason W. Graham
Georgia Bar No. 304595
Satyam Mehta
Georgia Bar No. 557090
Attol11cys for Plaintiff

Graham & Jensen, LLP
17 Executive Park Drive
Suite 115
Atlanta, Georgia 30329
Telephone: (404) 842-9380
Fllcsimile: (678) 904-3110
17

CRUZ v. FEDEX GROUND PACKAGE SYSTEM, INC. Et Al Complaint

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

State Court of Fulton County

___ fll~ & ServeXpress

DO NOT WRITE II'l THI~~lon ID: 56072236

GEORGIA, FULTON COUNTY

CIVIL ACTION FILE NO.

STATE COURT OF FULTON COUNTY

CCINTACT THE COURT AT 404.613.5040 AND

Stephanie Cruz clo Graham & Jensen, LLP

17 Executive Park Drive, Suite 115

Atlanta, Georgia 30329

AnY. FEES $,_ _ __

FedEx Ground Package System Inc. clo

Corporation Process Company, 2180 Satellite Blv~ .

Duluth , Georgia 30097

Address:17 Executive Park Drive, Suite 115

Phone No.: 404 842 9380

Cleely Barber, Chief Clen< (electronic signature)

SERVICE INFORMA nON:

Served. this _ _ day of _ _ _ _ _ _ ., 20_ _.

WRITE VERDICT HERE:

(STAPLE TO FRONT OF COMPLAINn

Case 1:14-cv-03510-WSD Document 1-1 Filed 10/31/14 Page 2 of 18

IN THE STATE COURT OF FULTON COUNTY

File & ServeXpress

Cicely Barber, Clerk

Plaintiff is a resident of the Slate of Georgia.

foreign corporation existing under the laws of

Case 1:14-cv-03510-WSD Document 1-1 Filed 10/31/14 Page 3 of 18

Case 1:14-cv-03510-WSD Document 1-1 Filed 10/31/14 Page 4 of 18

Michael Bryant struck the rear passenger

side of her vehicle.

The impact of Ihe collision caused damage to PlainUfrs vehicle.

As a result of the collision, Plaintiff suffered injuries.

Case 1:14-cv-03510-WSD Document 1-1 Filed 10/31/14 Page 5 of 18

COUNT I: NEGLIGENCE. JOHN DOE

Pain and suffcling;

Punitive damages; and

Diminished quality oflile.

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

Case 1:14-cv-03510-WSD Document 1-1 Filed 10/31/14 Page 6 of 18

WHEREFORE, Plaintiff demands judgment against Defendants for special damages in

Case 1:14-cv-03510-WSD Document 1-1 Filed 10/31/14 Page 7 of 18

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

Plaintiff is entitled to monetary damages from Defendant Bryant to

compensate 11cr for the following elements of damage:

Pain and suffering;

Punitive damages; and

Dimillishe!-i quality oflife.

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

COUNT Ill: IMPUTED LIABILITY. Fl!:DEX GROUND PACKAGE SYSTEM, JNC.

Case 1:14-cv-03510-WSD Document 1-1 Filed 10/31/14 Page 8 of 18

Pain and suffering;

Punitive damages; and

Diminished quality of life.

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

Case 1:14-cv-03510-WSD Document 1-1 Filed 10/31/14 Page 9 of 18

COUNT lV: lMPUTED LJABlLlTY- USA TRUCK, INC.

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

Pain and suffering;

Lost wages; ~md

Diminished quality of life.

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