Case 2:15-cv-02027 Document 1 Filed 01/13/15 Page 1 of 18

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IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TENNESSEE
MARCO P. ARENAS and ILSA LOPEZ,
Plaintiffs,
Civil Action File No.
2:15-cv-2027

v.
DEALERS CHOICE TRUCKAWAY
SYSTEMS, INC. d/b/a TRUCKMOVERS,
JOSEPH WAYNE NEWBERRY, and
GREENWOOD MOTOR LINES, INC. d/b/a
R+L CARRIERS,

JURY DEMAND

Defendants.

COMPLAINT FOR DAMAGES

COME NOW MARCO P. ARENAS and ILSA LOPEZ as Plaintiffs, by and through their
counsel of record, and file this Complaint for Damages against Defendants DEALERS CHOICE
TRUCKAWAY SYSTEMS, INC. d/b/a TRUCKMOVERS (hereinafter referred to as
TRUCKMOVERS),

JOSEPH

WAYNE

NEWBERRY

(hereinafter

referred

to

as

NEWBERRY) and GREENWOOD MOTOR LINES, INC. d/b/a R+L CARRIERS

(hereinafter referred to as GREENWOOD MOTOR LINES) for Damages, showing this
Honorable Court as follows:
PARTIES, JURISDICTION, AND VENUE
1.
At all times material to this Complaint, MARCO P. ARENAS (hereinafter referred to as
ARENAS) and ILSA LOPEZ (hereinafter referred to as LOPEZ) are citizens of the State of
California.

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2.
Plaintiffs were, at the time of the collision made the subject of this Complaint, and continue
to be husband and wife, residing at 5541 Fulcher Avenue, North Hollywood, California 91601.
3.
Plaintiff ARENAS sustained serious personal injuries as a result of a motor vehicle collision that
occurred at approximately 2:00 p.m. on January 19, 2014 on I-40 at or near milepost 36.95 in
Fayette County, Tennessee.
4.
Plaintiff ARENAS brings this claim to recover damages proximately caused by that collision.
5.
Plaintiff LOPEZ brings this loss of consortium claim to recover damages proximately caused by
that collision
6.
Defendant TRUCKMOVERS is a foreign corporation with its principal place of business in
2310 South Redwood Avenue, Independence, Missouri 64057.
7.
Defendant TRUCKMOVERS operates in Tennessee for the purpose of pecuniary profit and is
otherwise qualified to do business in the State of Tennessee.
8.
At all times material hereto, Defendant TRUCKMOVERS acted as either a motor contract
carrier of property through the State of Tennessee or as a motor common carrier of property through
the State of Tennessee pursuant to one or more permits to operate as a motor carrier issued by the

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Interstate Commerce Commission, or by the United States Department of Transportation, or by

both.
9.
At all times material hereto, Defendant TRUCKMOVERS was subject to the Federal Motor
Carrier Safety Regulations and all subsequent amendments thereto, promulgated, approved, and
adopted by the United States Department of Transportation contained in Title 49 of the Code of
Federal Regulations.
10.
At all times material hereto, Defendant NEWBERRY was operating a commercial motor
vehicle owned by Defendant TRUCKMOVERS.
11.
Defendant TRUCKMOVERS is registered with the U.S. Department of Transportation under
D.O.T. Number 255166.
12.
At all times material hereto, Defendant NEWBERRY was operating a commercial motor
vehicle under TRUCKMOVERS D.O.T. Number.
13.
Defendant TRUCKMOVERS has designated Sharon Lee Seals, 1726 Carroll Road,
Morristown, Tennessee 37813 to be its agent for service of process in the State of Tennessee.
14.
Defendant TRUCKMOVERS may be served with service of process upon Sharon Lee Seals,
1726 Carroll Road, Morristown, Tennessee 37813.

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15.
Once Defendant TRUCKMOVERS is served with process, Defendant TRUCKMOVERS is
subject to the jurisdiction and venue of this Court.
16.
Service upon Defendant TRUCKMOVERS has been properly and timely perfected.
17.
Defendant GREENWOOD MOTOR LINES is a foreign corporation with its principal place of
business at 600 Gillam Road, Wilmington, Ohio 45177.
18.
Defendant GREENWOOD MOTOR LINES operates in Tennessee for the purpose of
pecuniary profit and is otherwise qualified to do business in the State of Tennessee.
19.
At all times material hereto, Defendant GREENWOOD MOTOR LINES acted as either a motor
contract carrier of property through the State of Tennessee or as a motor common carrier of property
through the State of Tennessee pursuant to one or more permits to operate as a motor carrier issued
by the Interstate Commerce Commission, or by the United States Department of Transportation, or
by both.
20.
At all times material hereto, Defendant GREENWOOD MOTOR LINES was subject to the
Federal Motor Carrier Safety Regulations and all subsequent amendments thereto, promulgated,
approved, and adopted by the United States Department of Transportation contained in Title 49 of
the Code of Federal Regulations.

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21.
At all times material hereto, Defendant NEWBERRY was operating a commercial motor
vehicle owned by Defendant GREENWOOD MOTOR LINES.
22.
Defendant GREENWOOD MOTOR LINES is registered with the U.S. Department of
Transportation under D.O.T. Number 63391.
23.
At all times material hereto, Defendant NEWBERRY was operating a commercial motor
vehicle under GREENWOOD MOTOR LINES D.O.T. Number.
24.
Defendant GREENWOOD MOTOR LINES has designated Sharon Lee Seals, 1726 Carroll
Road, Morristown, Tennessee 37813 to be its agent for service of process in the State of Tennessee.
25.
Defendant GREENWOOD MOTOR LINES may be served with service of process upon
Sharon Lee Seals, 1726 Carroll Road, Morristown, Tennessee 37813.
26.
Once Defendant GREENWOOD MOTOR LINES is served with process, Defendant
GREENWOOD MOTOR LINES is subject to the jurisdiction and venue of this Court.
27.
Service upon Defendant GREENWOOD MOTOR LINES has been properly and timely
perfected.

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28.
Defendant NEWBERRY is a citizen of the State of Texas and may be served with service of
process at his residence: 52 County Road 11320, Paris, Texas 75452.
29.
At the time of the collision made the subject of this Complaint, NEWBERRY was operating a
commercial motor vehicle subject to the Federal Motor Carrier Safety Regulations, as amended.
30.
Once Defendant NEWBERRY is served with process, Defendant NEWBERRY is subject to the
jurisdiction and venue of this Court.
31.
Service upon Defendant NEWBERRY has been properly and timely perfected.
32.
The amount in controversy in this action exceeds the sum of $75,000.00 exclusive of interest
and costs.
33.
There being a diversity of citizenship between Plaintiffs and Defendants, and because the
amount in controversy in this action exceeds the sum of $75,000.00 exclusive of interest and
costs, this Court has jurisdiction over this action pursuant to 28 U.S.C. 1332(a).
34.
Venue is proper in this Court because the events giving rise to the subject collision occurred
in Fayette County, Tennessee.

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FACTS
35.
Plaintiffs incorporate herein by reference all preceding paragraphs of this Complaint as if each
were fully set forth herein in their entirety.
36.
At approximately 2:00 p.m. on January 19, 2014, Defendant NEWBERRY was operating a
commercial motor vehicle heading east on I-40 at or near milepost 36.95 in Fayette County,
Tennessee.
37.
Some distance ahead of Defendant NEWBERRY, traffic began to slow on I-40 eastbound
below the posted speed limit due to construction.
38.
Despite the existence of the construction ahead, Defendant NEWBERRY did not reduce the
speed of his commercial motor vehicle.
39.
Despite the existence of the slowing traffic ahead, Defendant NEWBERRY did not reduce
the speed of his commercial motor vehicle.
40.
Defendant NEWBERRY drove his commercial motor vehicle into the rear of Plaintiff
ARENAS commercial motor vehicle.
41.
Defendant NEWBERRYs commercial motor vehicle collided into the rear of Plaintiff
ARENAS commercial motor vehicle.

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42.
At the scene of the collision, there were no skid marks on the roadway prior to and leading
up to the point of collision.
43.
Defendant NEWBERRYs commercial motor vehicle did not reduce the speed of his
commercial motor vehicle prior to rear-ending Plaintiff ARENAS commercial motor vehicle.
44.
After the initial impact, Defendant NEWBERRYs commercial motor vehicle pushed
Plaintiff ARENAS commercial motor vehicle forward approximately 150 feet.
45.
Plaintiff ARENAS attempted to avoid the collision but was unable to do so.
46.
No negligent act on the part of Plaintiff ARENAS caused or contributed to the cause of the
collision.
47.
No negligent failure to act on the part of Plaintiff ARENAS caused or contributed to the
cause of the collision
48.
As a direct and proximate result of the collision, Plaintiff ARENAS was severely and
permanently injured.

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COUNT I NEGLIGENCE OF JOSEPH WAYNE NEWBERRY

49.
Plaintiffs incorporate herein by reference all preceding paragraphs of this Complaint as if
each were fully set forth herein in their entirety.
50.
Defendant NEWBERRY was negligent in the operation of the tractor-trailer at issue in the
following ways:
(a)

Failing to exercise due care;

(b)

Driving while distracted;

(c)

Failing to pay proper attention;

(d)

Failing to drive defensively;

(e)

Failing to maintain a diligent and proper lookout;

(f)

Failing to yield;

(g)

Failing to brake;

(h)

Following too closely;

(i)

Driving too fast for conditions;

(j)

Violating state trucking safety regulations and Federal Motor Carrier Safety
Regulations; and

(k)

Otherwise failing to operate his vehicle in a safe and prudent manner in view of the
conditions that existed at the time of the incident.
51.

Defendant NEWBERRY was also negligent per se in that he violated a number of laws and
regulations governing his operation of a commercial motor vehicle, including:

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(a) Following too closely in violation of Tenn. Code 55-8-124;

(b) Failing to exercise due care in violation of Tenn. Code 55-8-136;
(c) Using a hand-held mobile telephone or personal digital assistant prohibited while
driving Tenn. Code 55-8-136;
(c) Other failures as set out in Tennessees Rules of Road; and
(d) Other failures as set out in the Federal Motor Carrier Safety Regulations, as adopted
by the Tennessee Department of Transportation.
52.
The collision at issue was the direct and proximate result of the negligence of Defendant
NEWBERRY.
53.
As a direct and proximate cause of the negligence and negligence per se of Defendant
NEWBERRY, Plaintiff ARENAS sustained physical and emotional injuries and pain and
suffering.
54.
As a direct and proximate cause of the negligence and negligence per se of Defendant
NEWBERRY, Plaintiff ARENAS incurred medical expenses and economic losses.
55.
Defendant NEWBERRY is liable to for all damages allowed by law for the injuries, damages
and losses sustained by Plaintiff ARENAS and his wife.

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COUNT II NEGLIGENCE OF TRUCKMOVERS

56.
Plaintiffs incorporate herein by reference all preceding paragraphs of this Complaint as if
each were fully set forth herein in their entirety.
57.
At all times material hereto, Defendant NEWBERRY was an employee or agent of Defendant
TRUCKMOVERS.
58.
At all times material hereto, Defendant NEWBERRY was acting within the course and scope of
his employment or agency with Defendant TRUCKMOVERS.
59.
Defendant TRUCKMOVERS is liable for the negligent actions and omissions of Defendant
NEWBERRY pursuant to the doctrine of respondeat superior.
60.
At all times material hereto, Defendant NEWBERRY was operating a commercial motor
vehicle under a lease agreement with Defendant TRUCKMOVERS.
61.
At all times material hereto, Defendant NEWBERRY was acting within the course and scope of
his lease agreement with Defendant TRUCKMOVERS.
62.
At all times material hereto, Defendant NEWBERRY was operating a commercial motor
vehicle as the statutory employee of Defendant TRUCKMOVERS.

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63.
Defendant TRUCKMOVERS was engaged in a joint venture with and/or as an agent of
GREENWOOD MOTOR LINES to operate commercial vehicles on the roadway in interstate
commerce.
64.
Defendant TRUCKMOVERS was also independently negligent in the following ways:
(a)

Negligently hiring or contracting with Defendant NEWBERRY to drive the tractortrailer at issue;

(b)

Negligently training Defendant NEWBERRY;

(c)

Negligently entrusting Defendant NEWBERRY to drive a tractor-trailer

defensively;

(d)

Negligently retaining Defendant NEWBERRY to drive the tractor-trailer at issue;

(e)

Negligently qualifying Defendant NEWBERRY as a driver;

(f)

Failing to supervise Defendant NEWBERRY;

(g)

Failing to properly maintain the tractor-trailer at issue in this case;

(h)

Otherwise violating state laws and federal regulations governing trucking

companies; and

(i)

Otherwise failing to act as a reasonably prudent company under the circumstances.

65.

As a direct and proximate result of the negligence of Defendant TRUCKMOVERS in the

ensuing collision, Plaintiff ARENAS sustained physical and emotional injuries and pain and
suffering.

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66.
As a direct and proximate cause of the negligence of Defendant TRUCKMOVERS, Plaintiff
ARENAS incurred medical expenses and economic losses.
67.
Defendant TRUCKMOVERS is liable to for all damages allowed by law for the injuries,
damages and losses sustained by Plaintiff ARENAS and his wife.
COUNT III NEGLIGENCE OF GREENWOOD MOTOR LINES
68.
Plaintiffs incorporate herein by reference all preceding paragraphs of this Complaint as if
each were fully set forth herein in their entirety.
69.
At all times material hereto, Defendant NEWBERRY was an employee or agent of Defendant
GREENWOOD MOTOR LINES.
70.
At all times material hereto, Defendant NEWBERRY was acting within the course and scope of
his employment or agency with Defendant GREENWOOD MOTOR LINES.
71.
Defendant GREENWOOD MOTOR LINES is liable for the negligent actions and omissions of
Defendant NEWBERRY pursuant to the doctrine of respondeat superior.
72.
Defendant GREENWOOD MOTOR LINES was the owner of the tractor operated by
NEWBERRY and is therefore liable for damages caused in this case.

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73.
Defendant GREENWOOD MOTOR LINES hired TRUCKMOVERS to move commercial
motor vehicles owned by GREENWOOD MOTOR LINES over the roadway in interstate transit.
74.
At the time of the subject collision, TRUCKMOVERS was operating a commercial motor
vehicle owned by GREENWOOD MOTOR LINES over the roadway in interstate transit.
75.
At the time of the subject collision, TRUCKMOVERS was operating a commercial motor
vehicle in furtherance of GREENWOOD MOTOR LINES business.
76.
Defendant GREENWOOD MOTOR LINES was also independently negligent in the following
ways:
(a)

Negligently hiring or contracting with Defendant TRUCKMOVERS to drive the

commercial motor vehicle at issue;

(b)

Negligently hiring or contracting with Defendant NEWBERRY to drive the

commercial motor vehicle at issue;

(c)

Negligently training Defendant NEWBERRY;

(d)

Negligently entrusting Defendant TRUCKMOVERS to drive a commercial motor

vehicle professionally;

(e)

Negligently entrusting Defendant NEWBERRY to drive a commercial motor

vehicle professionally;

(f)

Negligently retaining Defendant TRUCKMOVERS to drive the commercial

motor vehicle at issue;

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(g)

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Negligently retaining Defendant NEWBERRY to drive the commercial motor

vehicle at issue;

(h)

Negligently qualifying Defendant NEWBERRY as a driver;

(i)

Failing to supervise Defendant TRUCKMOVERS;

(j)

Failing to supervise Defendant NEWBERRY;

(k)

Failing to properly maintain the commercial motor vehicle at issue in this case;

(l)

Otherwise violating state laws and federal regulations governing trucking

companies; and

(m)

Otherwise failing to act as a reasonably prudent company under the circumstances.

77.

As a direct and proximate result of the negligence of Defendant GREENWOOD MOTOR

LINES and the ensuing collision, Plaintiff ARENAS sustained physical and emotional injuries
and pain and suffering.
78.
As a direct and proximate result of the negligence of Defendant GREENWOOD MOTOR
LINES and the ensuing collision, Plaintiff ARENAS incurred medical expenses and economic
losses.
79.
Defendant GREENWOOD MOTOR LINES is liable to for all damages allowed by law for the
injuries, damages and losses sustained by Plaintiff ARENAS and his wife.

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COUNT IV DAMAGES
80.
Plaintiffs incorporate herein by reference all preceding paragraphs of this Complaint as if
each were fully set forth herein in their entirety.
81.
Each of the Defendants acted in a manner which either alone or in combination with
other Defendants acts of negligence, directly and proximately caused the collision and
Plaintiffs injuries, damages and losses.
82.
As a direct and proximate result of the negligence of the Defendants, Plaintiff ARENAS
was physically injured and has suffered and will continue to suffer pain, disability, loss of
enjoyment of life, anxiety, and related damages.
83.
Also as a direct and proximate result of the negligence of the Defendants, Plaintiff
ARENAS has and will continue to incur economic losses, including lost wages and benefits, lost
opportunities, medical expenses and other incidental expenses.
84.
Plaintiff ARENAS is entitled to recover all past and future economic damages, including
without limitation all medical expenses and lost wages; as well as all past and future noneconomic damages, including without limitation, damages for disability, loss of ability to labor,
loss of enjoyment of life and physical and emotional pain and suffering.

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85.
As a direct and proximate result of the negligence of the Defendants, Plaintiff LOPEZ
sustained the loss of his society, companionship, industry and affection and is therefore entitled
to compensation for her loss of consortium, past and/or future.
COUNT VI PUNITIVE DAMAGES
86.
Plaintiffs incorporate herein by reference all preceding paragraphs of this Complaint as if
each were fully set forth herein in their entirety.
87.
Defendants acts were willful, wanton, and demonstrated that entire want of care which
raises the presumption of a conscious indifference to consequences.
88.
Accordingly, Defendants are liable to the Plaintiffs for punitive damages to punish,
penalize and deter Defendants from similar conduct in the future.
WHEREFORE, Plaintiffs pray that the following relief be granted:
(a)

A trial by jury;

(b)

For Summons and Complaint to issue against each Defendant;

(c)

For judgment against each Defendant to compensate Plaintiff ARENAS for his
past and future economic and non-economic damages;

(d)

For judgment against each Defendant to compensate Plaintiff LOPEZ for the loss
of her husbands society, companionship, industry and affection in the past,
present, and future;

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(e)

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For judgment against each Defendant for punitive damages as shown to be fair
and appropriate at the trial of this case;

(f)

Court costs, discretionary costs, and prejudgment interest; and

(g)

For all such further and general relief which this Court deems just and proper.

Dated on January 13, 2015.

FRIED ROGERS GOLDBERG LLC
s/ R. Sean McEvoy
JOSEPH A. FRIED
TENNESSEE STATE BAR NUMBER 030018
GEORGIA STATE BAR NUMBER 277251
R. SEAN MCEVOY
GEORGIA STATE BAR NUMBER 490918
ATTORNEYS FOR PLAINTIFFS
TWO ALLIANCE CENTER
3560 LENOX ROAD, N.E., SUITE 1250
ATLANTA, GEORGIA 30326
TELEPHONE:
404-591-1800
FACSIMILE:
404-591-1801
E-MAIL:
JOE@FRG-LAW.COM
SEAN@FRG-LAW.COM

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