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

MARTIN v. GAINEY TRANSPORTATION SERVICES, INC. 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: 
2:12-cv-00060 Search Pacer
ACE Group party(s): 
Opposing Party: 
Anna K. Martin
Court Type: 
Federal
US District Court: 
Northern District of Georgia
Date Filed: 
Mar 16 2012

"COUNTl
IMPUTED LIABILITY
10. Plaintiff realleges and incorporates herein the allegations contained in paragraphs 1 through 9 above as if fully restated.

11. At the time of the motor vehicle collision which is the subject of this action, Larry Brogan was acting within the scope of his employment as a driver employed by defendant Gainey.

12. At the time of the subject collision, Larry Brogan was under dispatch for defendant Gainey.

13. At the time of the subject collision, Larry Brogan was operating his tractor-trailer unit on behalf of defendant Gainey.

14. Defendant Gainey is an intrastate or interstate motor carrier, and pursuant to federal and state laws, is responsible for the actions of Larry Brogan in regard to the collision described in this complaint under the doctrine of respondeat superior, lease liability, agency or apparent agency.

COUNT 2
NEGLIGENT HIRING, TRAINING & SUPERVISION

15. Plaintiff realleges and incorporates herein the allegations contained in paragraphs 1 through 14 above as if fully restated.

16. Defendant Gainey was negligent in hiring Larry Brogan and entrusting him to drive a tractor-trailer.

17. Defendant Gainey was negligent in failing to properly train Larry Brogan.

18. Defendant Gainey was negligent in failing to properly supervise Larry Brogan.

19. Defendant Gainey's negligence in hiring Larry Brogan and entrusting 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.

COUNT 3
DIRECT ACTION

20. Plaintiff realleges and incorporates herein the allegations contained in paragraphs 1 through 19 above as if fully restated.

21. Defendant Ace is subject to a direct action as the insurer for defendant Gainey pursuant to O.C.G.A. § 40-2-140 or its predecessor O.C.G.A. § 46-7-12.1.

22. Defendant Ace was the insurer of defendant Gainey at the time of the subject incident and issued a liability policy to comply with the filing requirements under Georgia law for intrastate transportation.

23. Defendant Ace and defendant Gainey are subject to the filing requirements outlined in O.C.G.A. § 40-2-140 or its predecessor O.C.G.A. § 46-7-12.1.

24. Defendant Ace is responsible for any judgment rendered against defendant Gainey up to its policy limits of coverage.

COUNT 4
DAMAGES

25. Plaintiff realleges and incorporates herein the allegations contained in paragraphs 1 through 24 above as if fully restated.

26. As a direct and proximate result of defendants' negligence and breach of duty, plaintiff has suffered permanent, disabling and excruciatingly painful bodily injuries and damages for which she has incurred medical expenses in an amount to be shown at trial, but in excess of$119,003.29.

27. As a result of defendants' negligence, plaintiff has incurred past medical expenses and will continue to incur future medical expenses.

28. As a result of defendants' negligence, plaintiff has been unable to work and has a claim for past and future lost wages.

29. Defendants' negligence is the sole and proximate cause of plaintiff s injuries."

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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