Case 7:15-cv-00219-WLS Document 1 Filed 08/12/15 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
LEONA WILLIAMS,
PLAINTIFF,
v.

Civil Action File No.: TBD

JOHN LIPISKO III,

WERNER ENTERPRISES, INC.,
EPES TRANSPORT SYSTEM, INC.,
and ACE AMERICAN INSURANCE
COMPANY,
DEFENDANTS.
COMPLAINT FOR DAMAGES
COMES NOW, the Plaintiff, Leona Williams, by and through her
undersigned attorneys of record, and files this, his Complaint for Damages, and
respectfully showing this Honorable Court the Following:
1.
The Plaintiff is a citizen of the State of Georgia and hereby asserts her
personal injury claim against the Defendants in excess of the jurisdictional amount.

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2.
The Defendant John Lipisko III is a resident of the State of Pennsylvania and
he is subject to the venue and jurisdiction of this Court pursuant to O.C.G.A. 4012-3.
3.
The Defendant Werner Enterprises, Inc. is a common motor carrier or
contract carrier, as defined by the Georgia Motor Carrier Act, with a principal
place of business in Omaha, Nebraska, and at all times relevant to this Complaint
for Damages, was and is a joint tortfeasor with the Defendant John Lipisko III,
subjecting it to the venue and jurisdiction of this Court.
4.
The Defendant Epes Transport Systems, Inc. is a foreign corporation, who at
all times relevant to this Complaint for Damages, was and is a joint tortfeasor with
the Defendant John Lipisko III and Werner Enterprises, Inc., subjecting it to the
venue and jurisdiction of this Court.
5.
The Defendant Ace American Insurance Company (Hereinafter Ace
American) is a foreign insurance company, who at all times relevant to this
Complaint for Damages provided insurance to the Defendant Werner Enterprises,
2

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Inc., a common motor carrier or contract carrier, subjecting it to the venue and
jurisdiction of this Court.
6.
This Court has jurisdiction and venue over the Defendants and of this civil
action pursuant to 28 U.S.C. 1332(a)(1) and 1391, diversity of citizenship and a
claim in which there is an amount in controversy in excess of $75,000.00.
STATEMENT OF CLAIM
7.
On or about August 14, 2013, on private property located at or near 6201
Peterson Road in Lowndes County, Georgia, the Defendant John Lipisko III, an
employee and/or agent of Defendant Werner Enterprises, Inc., negligently operated
a tractor trailer, proximately and foreseeably causing a collision with the vehicle
being lawfully occupied and operated by the Plaintiff.
8.
At the time of the subject motor vehicle collision, the Defendant John
Lipisko III was acting within the scope of his employment with the Defendant
Werner Enterprises, Inc..

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9.
At the time of the subject motor vehicle collision, the Defendant John
Lipisko III was operating a motor vehicle owned and insured by the Defendant
Werner Enterprises, Inc. and hauling a trailer owned and insured by the Defendant
Epes Transport Systems, Inc..
10.
The Defendant John Lipisko III was negligent, as pled in 7, by failing to
keep a proper lookout, failing to operate a tractor trailer as a reasonably prudent
driver, and by failing to obey the Uniform Rules of the Road for the State of
Georgia.
11.
The Defendant Werner Enterprises, Inc. was negligent in entrusting the
aforementioned tractor trailer to the Defendant John Lipisko III, hiring and
retaining an unsafe employee, to wit: Defendant John Lipisko III, and by failing to
perform regular maintenance inspections as required under State and Federal law.
12.
The Defendant Epes Transport Systems, Inc. was negligent in entrusting the
aforementioned trailer to the Defendant Werner Enterprises, Inc., failing to

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properly secure the load, and by failing to perform regular maintenance inspections
as required under State and Federal law.
13.
As a proximate and foreseeable result of the Defendants negligence, the
Plaintiff was seriously injured, incurring medical expenses to date in excess of
$83,471.11 as well as other actual damages.
14.
In addition to 13, the Plaintiff has endured and will continue to endure pain
and suffering.
15.
The Plaintiff has a cause of action against the Defendant John Lipisko III for
negligence and all other applicable theories of liability.
16.
The Plaintiff has a cause of action against the Defendant Werner Enterprises,
Inc. for negligence, negligent entrustment, negligent hiring and retention, negligent
maintenance, respondeat superior, and all other applicable theories of liability.

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17.
The Plaintiff has a cause of action against the Defendant Epes Transport
Systems, Inc. for negligence, negligent entrustment, negligent maintenance,
respondeat superior, and all other applicable theories of liability.
18.
The Defendant Ace American, in being the insurance provider for Defendant
Werner Enterprises, Inc., a common motor carrier or contract carrier, is directly
actionable by the Plaintiff for the damages she sustained in the above referenced
accident.
19.
The Plaintiff is entitled to recover from the Defendants for her past and
future medical expenses, lost wages, past and future pain and suffering, and all
other Damages as permitted by Law.
WHEREFORE, Plaintiff prays that she have a trial by jury, that she have
judgment against the Defendants in an amount in excess of $75,000.00 and that all
costs of this action be assessed against the Defendants.

[SIGNATURE ON NEXT PAGE]

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This 12th Day of

August , 2015.

/s/ David Dozier

David Dozier
GA Bar No. 228898
Attorney for Plaintiff
THE DOZIER LAW FIRM, LLC
327 Third Street
P.O. Box 13
Macon, GA 31202-0013
(478) 742-8441

PLEASE HAVE THE LACKAWANNA COUNTY SHERIFF SERVE THE

DEFENDANT,
JOHN LIPISKO III AT:
JOHN LIPISKO III
667 Griffin Pond Rd #R
South Abington Township, PA 18411-8828
PLEASE HAVE THE DOUGLAS COUNTY SHERIFF SERVE THE
DEFENDANT, WERNER ENTERPRISES, INC. AT:
WERNER ENTERPRISES, INC.
Registered Agent: Duane Beck
144 Blairs Bridge Road
Lithia Springs, GA 30122

Case 7:15-cv-00219-WLS Document 1 Filed 08/12/15 Page 8 of 8

PLEASE HAVE THE FULTON COUNTY MARSHAL SERVE THE

DEFENDANT, EPES TRANSPORT SYSTEMS, INC. AT:
EPES TRANSPORT SYSTEMS, INC.
Registered Agent: Bruce Mitchell
3390 Peachtree Road
Lenox Towers S.
5th Floor
Atlanta, GA 30326

PLEASE HAVE THE FULTON COUNTY MARSHAL SERVE THE

DEFENDANT, ACE AMERICAN INSURANCE COMPANY AT:
ACE AMERICAN INSURANCE COMPANY
Registered Agent: CT CORPORATION SYSTEM
1201 Peachtree St., N.E.
Atlanta, GA 30361