DOCUMENT 2

ELECTRONICALLY FILED
1/5/2016 1:29 PM
47-CV-2016-900010.00
CIRCUIT COURT OF
MADISON COUNTY, ALABAMA
JANE C. SMITH, CLERK

IN THE CIRCUIT COURT OF MADISON COUNTY, ALABAMA

TASHA EDWARDS, as Mother and
Next friend of JAIZON COLLINS,
Plaintiff,
v.
FITZGERALD McQUEEN,
Defendant.

)
)
)
)
)
)
)
)
)
)

CASE NO. ________________

COMPLAINT
PLEASE NOTE:

Plaintiffs First Set of Interrogatories, Requests for Production of

Documents, and Requests for Admissions to Defendant Fitzgerald
McQueen have been served with this Complaint. If you do not receive
these documents, please telephone the undersigned attorneys office,
and a copy will be forwarded to you immediately.

COMES NOW, Plaintiff, Tasha Edwards, as Mother and next friend of Jaizon Collins,
and files this Complaint against Defendant, Fitzgerald McQueen, and, in support thereof, shows
as follows:
PARTIES
1.

Plaintiff Tasha Edwards, is the Mother and next friend of Jaizon Collins, a minor,

(hereinafter referred to as Collins or Plaintiff) and is above the age of nineteen (19) years
and is a resident of Madison County, Alabama.
2.

Defendant Fitzgerald McQueen (hereinafter referred to as McQueen or

Defendant) is above the age of nineteen (19) years and is a resident of Madison County,
Alabama.

DOCUMENT 2

JURISDICTION AND VENUE

3.

Paragraphs 1 through 2 are incorporated herein as if set out in full.

4.

Given the amount in controversy and the nature of claims plead infra, this Court

has subject matter jurisdiction over this matter.

5.

This Court has personal jurisdiction over Defendant.

6.

Pursuant to ALA.R.CIV.PRO. 82(b)(2), venue is proper in this Court with respect to

Defendant as this is the judicial district in which a substantial part of the events which have
given rise to the claims, plead infra, occurred.
FACTS
7.

Paragraphs 1 through 6 are incorporated herein as if set out in full.

8.

On November 12, 2015, at approximately 2:00 a.m., Plaintiff Collins was at the

home of his girlfriend, H.M., located in Madison, Alabama. Collins and H.M. were in her
bedroom with the door closed playing video games.
9.

Defendant McQueen was also in the home at the same time.

10.

When Collins and H.M. heard some thudding and rumbling noises upstairs,

Collins became alarmed and hid in the closet of H.M.

11.

Defendant McQueen heard some noises from H.M.s bedroom, and came into the

room with a gun with the intent to protect her. Collins, being in the closet of H.M.s bedroom
prior to McQueen entering the room, could see but not hear what was taking place in the
bedroom between McQueen and H.M.
12.

Defendant McQueen, upon seeing something move in his daughters closet,

moved to investigate and shot Collins, striking him in the stomach.

DOCUMENT 2

13.

According to his statements to the Madison County Sheriffs Department and

statements made since these events, Defendant McQueen did not mean or intend to shoot
Plaintiff Collins. According to him, Defendant McQueen fired the gun accidentally.
14.

After the gun went off, Defendant McQueen left his daughters bedroom leaving

her and his wife to care for Plaintiff until an ambulance arrived which transported Plaintiff to
Huntsville Hospital.
15.

As a result of being shot, Plaintiff has suffered severe personal injuries and mental

anguish.
CAUSE OF ACTION
Count I Negligence
16.

Paragraphs 1 through 15 are incorporated herein as if set out in full.

17.

On the evening in question, Plaintiff was an invitee in Defendants home.

18.

Defendant owed a duty to Plaintiff to control firearms in his possession in a way

that would not injure those around him.

19.

Defendant McQueen negligently breached his duty to Plaintiff to not cause

Plaintiff any harm.

20.

Given Defendants statement regarding his state of mind at the time these actions

occurred, it does not appear that Defendants actions were accompanied by a commiserate mens
rea.
21.

Because of the unintentional and negligent actions of Defendant, Plaintiff suffered

severe physical injuries which were an unintended consequence of Defendants actions.

22.

The unintended consequences of Defendants actions include, but are not limited

to, pain, suffering, emotional distress and mental anguish.

DOCUMENT 2

23.

As a direct and proximate result of Defendant McQueens negligence, Plaintiff

Collins has suffered severe personal injuries and mental anguish.

WHEREFORE, the above premises considered, Plaintiff Tasha Edwards, as Mother and
next friend of Jaizon Collins demands judgment for compensatory damages against Defendant
Fitzgerald McQueen in an amount within the jurisdiction of this Court, plus costs of this action,
interest and all other relief, including equitable, that this Court deems justified and proper.
Count II Recklessness / Wantonness
24.

Paragraphs 1 through 15 are incorporated herein as if set out in full.

25.

Defendant McQueen recklessly and/or wantonly injured Plaintiff Collins and

breached his duty to Plaintiff to not cause Plaintiff any harm.

26.

As a direct and proximate result of Defendant McQueens recklessness and/or

wantonness, Plaintiff Collins has suffered severe personal injuries and mental anguish.
WHEREFORE, the above premises considered, Plaintiff Tasha Edwards, as Mother and
next friend of Jaizon Collins, demands judgment for compensatory and punitive damages against
Defendant Fitzgerald McQueen in an amount within the jurisdiction of this Court, plus costs of
this action, interest and all other relief, including equitable, that this Court deems justified and
proper.
Dated this the 6th day of January, 2016.
s/ Eric J. Artrip
Eric J. Artrip (ART001)
D. Anthony Mastando (MAS037)
MASTANDO & ARTRIP, LLC
301 Washington Street, Suite 302
Huntsville, Alabama 35801
Telephone:
(256) 532-2222
Facsimile:
(256) 513-7489
artrip@mastandoartrip.com

DOCUMENT 2

DEFENDANT TO BE SERVED VIA CERTIFIED MAIL:

Fitzgerald McQueen
107 Thunderbird Drive
Harvest, AL 35749