IN THE SUPERIOR COURT OF ANY COUNTY

STATE OF GEORGIA

Jane Doe, an individual, )

)
Plaintiff, ) CIVIL ACTION
)
-vs- ) FILE NO.: _____________
)
Columbia National Insurance Company, )
Nationwide Express, Inc., a corporation; )
Bad Driver John, an individual, )
and DOE(s) 1 through 20, inclusive, )
)
Defendants. )

COMPLAINT FOR DAMAGES

COMES NOW the Plaintiff, Jane Doe, by and through her attorney, Good Lawyer, and

hereby complaining of the Defendants, Columbia National Insurance Company, Nationwide

Express, Inc., a corporation, by and through its authorized agents and employees, and Bad Driver

John, an individual, and DOEs 1 through 20, inclusive (hereinafter collectively Defendants),

states as follows:

1. Plaintiff, Jane Doe, is an adult citizen of the State of Georgia and a resident of Fulton

County;

2. Plaintiff is informed and believes and thereon alleges that Defendant Columbia

National Insurance Company was at relevant times herein a FOREIGN INSURANCE

COMPANY with its principal place of business in Missouri. Columbia National Insurance

Company is incorporated in the state of Nebraska. Columbia National Insurance Company is

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licensed and conducts business in the State of Georgia as an insurer and is subject to the Georgia

Long Arm Statute O.C.G.A. 9-10-91.

3. Defendant Columbia National Insurance Company is subject to this direct action suit

pursuant to O.C.G.A. 46-7-12.1 and may be served through its registered agent, Robert K.

OReilly, Jr., at its registered agents office located at: 4370 Peachtree Road, NE, Suite 200,

Atlanta, Georgia, 30319.

4. Plaintiff is informed and believes and thereon alleges that Defendant Nationwide

Express, Inc. was at relevant times herein a DOMESTIC CORPORATION duly organized and

existing under the laws of the State of Georgia, and doing business in the County of Gwinnett,

State of Georgia, with its principal place of business located at: 3395 Fox Street, Suite 101C,

Duluth, Georgia, 30096.

5. Defendant Nationwide Express Inc. may be served through its registered agent,

William Main, at its registered agents office located at: 685 Lively Avenue, Suite 101, Norcross,

Georgia, 30071.

6. Defendant Bad Driver John is a resident of the state of Georgia residing at: 1247

Persimmon Place Drive, Bethlehem, Barrow County, Georgia, 30620.

Jurisdiction and Venue

7. This Court has subject matter jurisdiction over this matter and is proper under Ga.

Const. Art. 6, 4, Para. 1 and O.C.G.A. 15-6-8.

8. At all times material hereto, Defendant Bad Driver John was an employee, agent or

servant of Defendant Nationwide Express, Inc.

9. At all times material hereto, Defendant Bad Driver John was acting within the course

and scope of his agency or employment relationship with Defendant Nationwide Express, Inc.,

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such that Defendant Nationwide Express, Inc. is liable for the acts and omissions of Defendant

Bad Driver John pursuant to the doctrine of respondeat superior as set forth in O.C.G.A. 51-2-

2.

10. At all times material hereto, this action is for damages because of torts, wrong and

injury done by Defendants in ANY County, Georgia therefore the special venue provision of

O.C.G.A. 46-7-17(b) applies and venue is proper in ANY County, Georgia.

11. At all times material hereto, Defendant Columbia National Insurance Company was

the provider of insurance coverage for the carrier operations of Nationwide Express, Inc., and is

named pursuant to OCGA 46-7-12(c), which reads in pertinent part: It shall be permissible

under this article for any person having a cause of action arising under this article to join in the

same action the motor carrier and the insurance carrier, whether arising in tort or contract.

12. At all times material hereto, this action is for damages because of torts, wrong and

injury done by Defendants in ANY County, Georgia, and, therefore, pursuant to the Long Arm

Statute O.C.G.A. 9-10-93 pertaining to venue is proper against Defendant Columbia National

Insurance Company in ANY County, Georgia.

Relevant Facts

13. On March 10, 2009 at approximately 5:30 p.m., Plaintiff was traveling Northbound

on Interstate I-285 just two miles south of Flat Shoals Road in ANY County, Georgia during

rush hour traffic.

14. At the same time on March 10, 2009, Defendant Bradford was also traveling

Northbound on Interstate I-285 just two miles south of Flat Shoals Road in ANY County,

Georgia.

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 15. Plaintiff was driving an orange 2003 Freightliner Convention tractor trailer entrusted

to her by Schneider National, Inc., of Green Bay, Wisconsin.

16. Defendant Bradford was driving a white 2007 Freightliner Convention tractor trailer

entrusted to him by Nationwide Express, Inc., of Duluth, Georgia.

17. Plaintiff and Defendant were driving in the same direction of travel, both in the third

right lane from the dividing retainer wall of a four lane division of an eight lane interstate

highway, the Plaintiff being the lead vehicle with Defendant Bradfords vehicle coming up from

behind the Plaintiff.

18. Plaintiff was driving with the flow of the rush hour traffic in front of her and was

slowing and preparing to stop as the traffic in front of her became stopped. Plaintiff could see

Defendant Bradfords tractor trailer in her driver side mirror quickly approaching her from

behind at a very excessive rate of speed for the traffic conditions. Plaintiff also could see in her

mirror that Defendant Bradford had engaged his left turn signal that indicated to her that

Defendant Bradford intended to change to the adjoining left lane beside her.

19. Suddenly and without warning, the tractor trailer being driven by Defendant

Bradford collided with the left rear quarter of the Plaintiffs trailer and began to push the

Plaintiffs tractor trailer forward towards the stopped Tan Chevrolet Tahoe SUV in front of her.

20. When Defendant Bradfords tractor trailer collided with the rear of the Plaintiffs

trailer the impact of the collision threw the Plaintiffs body violently forward and backward in

her driver seat, and in addition she hit her body on the hard interior surfaces of the tractor cab.

21. During the collision the Plaintiff constantly applied the brakes to avoid plowing into

the rear of the Tan Chevrolet Tahoe SUV in front of her and only missed hitting the Tahoe by

inches.

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 22. Immediately after the Collision the Plaintiff was in trauma and shock and did not

realize that she had been physically injured in the accident, until about two hours following the

collision when she began to feel a numbness and tingling problem in her legs and lower back.

She became light headed and felt she would pass out and it was at this time she was immediately

transported by a friend to the emergency room.

23. As a direct and proximate result of the Collision, the Plaintiff endured excruciating

physical pain and suffering and suffered extreme mental anguish.

24. As a direct and proximate result of the Collision, the Plaintiff continues to endure

tremendous pain and suffering and will continue to suffer extreme mental anguish into the

foreseeable future.

25. As a direct and proximate result of the Collision, the Plaintiff incurred substantial

medical and related expenses and will continue to incur substantial medical and related expenses

into the foreseeable future.

26. As a direct and proximate result of the Collision, the Plaintiff suffers a diminution

and loss of her capacity to enjoy life and will continue to suffer a diminution and loss of her

capacity to enjoy life into the foreseeable future.

27. As a direct and proximate result of the Collision, the Plaintiff suffered a loss of

income and loss of employment opportunities and she will continue to suffer a loss of income

and loss of employment opportunities into the foreseeable future.

28. The Plaintiff is advised, informed and verily believes that the injuries she received as

a direct and proximate result of the Collision are permanent, and that she will continue to endure

the effects of the injuries for the remainder of her life.

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 Causes of Action
Count One - Negligence
29. The Plaintiff hereby incorporates all of the foregoing paragraphs stated hereinabove

as fully as if set forth herein verbatim.

30. At all relevant times, Defendant Bad Driver John was an employee, agent or servant

of Defendant Nationwide Express, Inc.

31. At all relevant times, Defendant Nationwide Express, Inc. was responsible for the

operation of the commercial motor vehicle at issue, driven and operated by Defendant Bad

Driver John .

32. Defendant Nationwide Express, Inc., has a duty to ascertain the competence of its

drivers and make sure their drivers are qualified to operate a commercial tractor trailer.

33. Defendant Bad Driver John, in the course and scope of his employment with

Defendant Nationwide Express, Inc., failed to operate the commercial motor vehicle he was

driving with the highest degree of care as required by law and was negligent in one or more of

the following respects:

a) failing to keep a proper lookout ahead;

b) failing to keep the tractor-trailer under control;

c) traveling too fast for the relevant conditions;

d) failure to assess the relevant circumstances before attempting to change lane

on an Interstate Highway during rush hour traffic.

WHEREFORE, Plaintiff prays for a judgment against Defendants Columbia National

Insurance Company and Nationwide Express, Inc., and asks this Court to award such sum as will

justly compensate her for the damages she sustained and will sustain in the future as a direct

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result of the injuries she suffered, for the costs and expenses incurred in the litigation of this

matter, and for such other and further relief as the Court deems necessary and just.

Count Two - Negligence Per Se

34. The Plaintiff hereby incorporates all of the foregoing paragraphs stated hereinabove

as fully as if set forth herein verbatim.

35. At all relevant times, Defendant Bad Driver John was an employee, agent or servant

of Defendant Nationwide Express, Inc.

36. At all relevant times, Defendant Nationwide Express, Inc. was responsible for the

operation of the commercial motor vehicle at issue driven and operated by Defendant Bad Driver

John .

37. Defendant Nationwide Express, Inc. has a duty to ascertain the competence of its

drivers and make sure their drivers are qualified to operate a commercial tractor trailer.

38. The Plaintiff alleges that Defendant Bad Driver John, in the course and scope of his

employment with Defendant Nationwide Express, Inc., committed acts of negligence per se

including the following:

a) violation of Georgia Code O.C.G.A. 40-6-9 regarding Following Too

Closely;

b) driving his vehicle too fast for conditions;

c) failing to keep a careful lookout;

d) failing to maintain proper control of a commercial vehicle;

e) failing to stop, swerve, slacken speed, and/or maintain control of his

commercial motor vehicle when he knew, could and/or should have known that

there was a reasonable likelihood of a collision with another motor vehicle;

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 f) driving his commercial motor vehicle in violation of state and federal laws

and/or regulations applicable to commercial motor vehicles;

g) driving in a careless and imprudent manner.

39. As a direct and proximate result of the negligence of Defendant Bad Driver John,

Plaintiff sustained and will continue to suffer great personal injury, pain and mental anguish.

40. The negligence of Defendant Bad Driver John, through his actions as an employee,

agent or servant of Defendant Nationwide Express, Inc., directly caused or directly contributed to

cause the injury to Plaintiff.

WHEREFORE, Plaintiff prays for a judgment against Defendant Bad Driver John and

asks this Court to award such sum as will justly compensate her for the damages she sustained

and will sustain in the future as a direct result of the injuries she suffered, for the costs and

expenses incurred in the litigation of this matter, and for such other and further relief as the Court

deems necessary and just.

COUNT Three - Punitive Damages against Defendants

41. The Plaintiff hereby incorporates all of the foregoing paragraphs stated hereinabove

as fully as if set forth herein verbatim.

42. Defendant Nationwide Express, Inc. is liable for the recklessness and complete

indifference to or conscious disregard for the safety of Plaintiff and other persons as

demonstrated by the acts of their employee, agent and/or servant Bad Driver John.

43. Defendant Nationwide Express, Inc. is liable for any and all punitive damages

awarded as a result of the tortious conduct of their employee, agent and/or servant, Bad Driver

John, as described above and herein in this complaint.

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 44. Defendant Bad Driver John acted in complete disregard for the safety of Plaintiff and

others by causing a crash.

45. Plaintiff alleges that Defendant Nationwide Express, Inc. as the employer of

Defendant Bad Driver John, is legally responsible for the negligent and reckless acts of

Defendant Bad Driver John.

46. Plaintiff further alleges that under Georgia law, all of the acts of Defendant Bad

Driver John, whether negligent, reckless, intentional, willful and/or knowing acts, are considered

to be the acts of Defendant Nationwide Express, Inc.

Requested Relief

WHEREFORE, Plaintiff requests the following relief:

FIRST: That Plaintiff be allowed to file this Complaint, that process issue and that

service of same be had upon the Defendants in accordance with the laws of Georgia, and that

they each be required to answer hereto within the time allowed by Georgia law;

SECOND: That Plaintiff be awarded compensatory damages against all Defendants,

individually and severally, in an amount in excess of FIVE HUNDERED THOUSAND

($500,000.00) DOLLARS;

THIRD: That Plaintiff be awarded punitive damages against all Defendants, individually

and severally, in an amount in excess of TWO HUNDRED THOUSAND ($200,000.00)

DOLLARS pursuant to O.C.G.A. 51-12-5.1;

FOURTH: That a jury be empaneled to hear the issues of this cause;

FIFTH: That all costs of this cause, including discretionary costs, be taxed to Defendants,

for which let execution issue if necessary; and,

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 SIXTH: That Plaintiff be awarded such other, further and general relief as the Court

deems necessary and just.

Respectfully Submitted,

Good Lawyer

______________________________
Lawyer Name
Georgia Bar No. XXXXXXX

Attorney for Plaintiff Jane Doe

VERIFICATION

I, Jane Doe, am a Plaintiff in the above-entitled action. I have read the foregoing
Complaint for Damages and know the contents thereof. The same is true of my own knowledge,
except as to those matters which are therein alleged on information and belief, and as to those
matters, I believe it to be true.
I declare under penalty of perjury that the foregoing is true and correct to the best of my
knowledge and belief.

Dated: ___________________, 2010 _______________________________

Jane Doe
STATE OF GEORGIA )
) ss
COUNTY OF FULTON )

SUBSCRIBED and SWORN before me on this _____ day of _______________________, 2010.

_______________________________ ______________________________
MY COMMISSION EXPIRES NOTARY PUBLIC

[seal]

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