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

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Case Number: 
1:14-cv-03510 Search Pacer
ACE Group party(s): 
Opposing Party: 
Stephanie Cruz
Court Type: 
Federal
US District Court: 
Northern District of Georgia
Date Filed: 
Oct 31 2014

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 J 2, 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:
Medical expense;
a.
Pain and suffcling;
b.
Mental anguish;
c.
Lost wages;
d.
Punitive damages; and
e.
Diminished quality oflile.
f.
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. § 13-6-
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 of this Complaint with the full
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:
MedicHI expense;
a.
Pain and suffering;
b.
Mental anguish;
c.
Lost wages;
d.
Punitive damages; and
e.
Dimillishe!-i quality oflife.
f.
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 System
Inc. is responsible for the actions of
t
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;
Pain and suffering;
b.
Mental anguish;
c.
d. Lost wages;
e. Punitive damages; and
Diminished quality of life.
f.
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).
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 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.
Plaintiff incorporates by reference each earlier paragraph of this Complaint with the full
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.
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 of damage:
a. Medical expense;
b. Pain and suffering;
c. Mental anguish;
d. Lost wages; ~md
e. Diminished quality of life.
42.
As a proximate and direct result of 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 of enjoyment
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.
Plaintiff incorporates by reference each earlier paragraph of this Complaint with the full
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.
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;
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,
w
and expenses, pursuant to O.C.G.A. § J 36-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 by 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.

COUNT VI: NEG.L1GENT HIRING, TRAINING & SUPERVISION· USA TRUCK, INC.
53.
Plaintiff incorporates 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 tractor·traiJer.
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.
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;
c. Mental anguishj
d. Lost wages;
e. Punitive damages; and
f. Diminished quality oflife,
59.
As a proximate and direct result of 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 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.
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 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. § 13-6-
11, and for such other and further relief as this Court deems just and proper.

COUNT VII: DIRECT ACTION-FEDERAL INSURANCE COMPANY
62.
Plaintiff incorporates by reference each earlier paragraph of this Complaint with the full
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.
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;
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 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.
Plaintiff incorporates by reference each earlier paragraph of this Complaint with the full
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, 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.
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 of damage:
a. Medical expense;
Pain and suffering;
b.
Mental anguish;
c.
d. Lost wages;
e. Punitive damages; and
f. Diminished quality of life.
77.
Defendants' negligence is the sole and proximate cause of Plaintiffs' injuries.
78.
As a proximate and direct result of Defendants' negligence, Plaintiff suffered special
damages.
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.
Td
This the 23day of September, 2014.

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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