Case 3:13-cv-06433-PGS-TJB Document 1 Filed 10/25/13 Page 1 of 4 PageID: 1

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY Trenton Vicinage

ACE AMERICAN INSURANCE COMPANY, INC. A/S/O TRANSPORT FUEL AND SUPPLY Plaintiff, v.

WADHAMS ENTERPRISES, INC., RIST TRANSPORT, LTD., and JAMES P. REED Defendants.

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DOCKET NO.: _______________

Civil Action

COMPLAINT

Plaintiff, ACE American Insurance Company, Inc. a/s/o Transport Fuel and Supply, by way of Complaint, says: JURISDICTION Jurisdiction in this case is based on diversity of citizenship of the parties and the amount in controversy. The plaintiff, ACE American Insurance Company, Inc. is an insurance provider with a principal place of business in the Commonweatlh of Pennsylvania. Defendants, Wadhams Enterprises, Inc. and RIST Transport, Ltd., are corporations under the laws of the State of New York and with a principal place of business in the State of New York. Defendant, James P. Reed, is an individual residing in the State of New York. The amount in controversy exceeds the sum of seventy five thousand dollars ($75,000.00), exclusive of interest and costs. THE PARTIES 1. Plaintiff, ACE American Insurance Company (hereinafter referred to as

ACE), is an insurance carrier with a principal place of business at 1601 Chestnut Street,

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Philadelphia, PA 19192 and is the commercial insurer of Transport Supply and Fuel, Inc. which is located in 2. Defendant, Wadhams Enterprises, Inc. (hereinafter referred to as

WADHAMS), is a corporation engaged in the business of interstate transportation with a principal place of business located at 269 Bostwick Road, Phelps, NY 14532, and is the mother company of subsidiary, RIST Transport, Ltd. 3. Defendant, RIST Transport (hereinafter referred to as RIST), is a

corporation engaged in the business of interstate transportation with a principal place of business located at 269 Bostwick Road, Phelps, NY 14532, and is a wholly owned subsidiary of defendant, Wadhams. 4. Defendant, James P. Reed (hereinafter referred to as REED), is an adult

individual residing at 4390 State Route 414, Seneca Falls, NY 13148. BACKGROUND 5. On or about December 20, 2012, at approximately 5:17 am, defendant,

Reed, was the driver of a tractor trailer with New York registration 24245FA, and was traveling southbound on the right-hand lane on the New Jersey Turnpike in East Windsor Township, New Jersey. 6. At all times relevant to this complaint, defendant, Reed, was driving the

tractor trailer owned by RIST Transport, Ltd., as an employee of the said company. 7. At all times relevant to this complaint, defendant, RIST, is a wholly

owned subsidiary of defendant, Wadhams. 8. On or about the same time and place mentioned above, ACEs insured

tractor trailer with New Jersey registration AB833X was travelling on the center lane.

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9.

At some point around milepost 66.5, defendant, Reed, without activating

his turn signal, suddenly maneuvered his truck into the center lane. 10. As a result of the lane shift, defendant, Reed sideswiped plaintiffs truck,

causing it to move into the left-hand lane and strike the concrete center divider. 11. insured by plaintiff. 12. of the insured truck. 13. As a result of the aforementioned claim, ACE incurred damages in the As a result of the incident, a claim was submitted to ACE for the total loss The crash into the concrete divider resulted in destruction of the truck

amount of $109,364.38 in the form of payments to their insured for the loss of the truck. 14. As a result of this payment to the insured, ACE now, as subrogee of

Transport Fuel and Supply, seeks to recover the aforementioned damages, owing to defendants, Wadhams, RIST, and Reeds negligence. COUNT ONE NEGLIGENCE ACE V. WADHAMS, RIST, AND REED 15. Plaintiff repeat the allegations set forth above in paragraphs 1 to 14 as

though set forth herein at length. 16. At all times relevant to this complaint, defendant, Reed was an employee

of defendant, RIST, and was performing his duties within the scope of his employment. 17. At all times relevant to this complaint, defendant, RIST, was a wholly

owned subsidiary of defendant, Wadhams.

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18.

Defendant, Reed, as an employee of RIST, operated his tractor trailer in

such a careless and negligent manner in that he failed to observe the traffic along the center lane prior to maneuvering into it. 19. Furthermore, defendant, Reed failed to provide the appropriate signal to

alert other vehicles of his intent to switch lanes. 20. 21. Defendant, Reed was cited for Careless Driving under NJSA 39:4-97. Defendant, Reeds carelessness and negligence in operating his vehicle

was the proximate cause of the crash of plaintiffs insured truck and the resultant property damage. WHEREFORE, plaintiff, ACE American Insurance Company, Inc. a/s/o Transport Fuel and Supply, demands judgment against defendants, Wadhams Enterprises, Inc. and James P. Reed, for damages in the amount of $109,364.38, together with interest, costs of suit, and any other such relief as the court may deem fair and just.

LAW OFFICES OF DENNIS J. CRAWFORD

BY: s/Dennis J. Crawford DENNIS J. CRAWFORD, ESQUIRE Attorney for plaintiff Atty. I. D. No.: 031001987 619 South White Horse Pike Audubon, NJ 08106 Tel. No.: (215) 310-5550 Fax No.: (215) 310-9099 E-mail: dcrawford@djclawfirm.com DATED: 10/25/2013