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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

ARCHIE et al v. WALKER et al

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
5:12-cv-00252 Search Pacer
ACE Group party(s): 
Opposing Party: 
Charles J. Archie, Jr.
Court Type: 
Federal
US District Court: 
Middle District of Georgia
Date Filed: 
Jul 3 2012

"1. Defendant Mark R. Walker (hereinafter 'Defendant Walker") is a resident of Eight Mile, Alabama. Personal jurisdiction is proper in this court pursuant to O.C.G.A §9-10-91 and §40-12- 1, et. seq. .Venue is proper pursuant to O.C.G.A. §40-12-3.

2. Defendant Werner Enterprises, Inc. (hereinafter "Defendant Werner") is a "motor contract carrier" or "motor common carrier," licensed and doing business in the state of Georgia. Jurisdiction is proper in this Court pursuant to O.C.G.A. §9-10-91 and §46-7-17
(a). Venue is proper pursuant to O.C.G.A. §40-12-3 and §46-7-17
(b). Defendant Ace American Insurance Company (hereinafter "Defendant ACE American") is a foreign corporation licensed to do business in the state of Georgia, and provided liability insurance to Defendant Werner at the time of the incident which forms the basis of this Complaint Jurisdiction and venue are proper in this Court pursuant to O.C.G.A.§46-7-12(c) and §40-12-3.

4. On or about March 23,2011, Plaintiff Charles J. Archie, Jr. was a passenger in a 2003 Chevrolet Silverado pick-up truck being driven by a co-worker, Michelle Spearman, heading south on 1-475 in Bibb County, Georgia.

5. On the same date and time, Defendant Walker was driving a 2006 Kenworth T-6000 tractor, pulling a trailer, also heading south on 1-475 in Bibb County, Georgia. Defendant Walker was traveling down the interstate in front of the vehicle in which Plaintiff Charles J. Archie, Jr. was a passenger.

6. Defendant Walker began experiencing mechanical problems with his vehicle, and as a result of Defendant Walker's negligent acts and omissions, the drive shaft of the 2006 Kenworth T-6000 disengaged from said tractor landing in the south bound lanes of 1-475.

7. Michelle Spearman was unable to avoid the drive shaft of the Defendants' vehicle. As a result, she ran over the drive shaft. This caused the back end of the pickup truck to rise up in the air and slam down with violent force, causing bodily injuries to Plaintiff Charles J. Archie, Jr. As a result of running over Defendants' drive shaft, the pick-up truck was completely disabled, sustaining a damaged oil pan, a burst gas tank, a damaged rear transmission housing, a broken drive shaft and broken cross members, and bending the entire chassis of the vehicle.

8. At all times relevant to this Complaint, Defendant Walker was acting as an agent and/or employee in the scope and course of his employment with Defendant Werner. Defendant Werner is vicariously liable for the negligent acts and omissions of its agents and employees under the principle of Respondeat Superior.

9. Defendant Walker was negligent, or negligent per se, for failing to properly maintain his tractor and trailer, failing to properly inspect his tractor and trailer, operating said tractor and trailer in excess of the maximum legal vehicle weight limit, which resulted in the drive shaft disengaging from the vehicle, and for violating other Uniform Rules of the Road. Defendant Walker was otherwise negligent

10. Defendant Werner was negligent, or negligent per se, for failing to properly maintain its tractor and trailer which resulted in the drive shaft disengaging from the vehicle, and for allowing its agents and employees to operate its vehicle in excess of the maximum legal vehicle weight limit, which resulted in the drive shaft disengaging from the vehicle. Defendant Werner was otherwise negligent

11. Defendant ACE American is liable for the actions of Defendant Walker and Defendant Werner pursuant to O.C.G.A. §46VM, et seq.

12. As a proximate result of the negligence on the part of all named Defendants, Plaintiff Charles J. Archie, Jr. suffered serious and permanent bodily injuries and other harm to his mind, resulting in medical expenses and lost wages.

13. At all times relevant to this Complaint, Plaintiff Charles J. Archie, Jr. was the lawful spouse of Plaintiff Crystal Archie. As a result of injuries caused by all Defendants' negligence to Plaintiff Charles J. Archie, Jr., Plaintiff Crystal Archie experienced and suffered the loss of services of her husband."

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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