ELECTRONICALLY FILED

Case 1:09-cv-00633-CG-B Document 1-1 Filed 09/28/09 Page 18/7/2007

of 12 2:05 PM
CV-2007-900950.00
CIRCUIT COURT OF
MOBILE COUNTY, ALABAMA
JOJO SCHWARZAUER, CLERK
IN THE CIRCUIT COURT OF MOBILE COUNTY, ALABAMA

CELENA L. SPRINKLE, individually; )

CELENA L. SPRINKLE, as mother and )
next friend of BREANA F. STEWART, a )
minor; and TRACEY LEE STEWART, )
individually, )
)
PLAINTIFFS, )
)
vs. ) CIVIL ACTION NO.:
) CV-07-
JOE EDWARD JOHNSON, individually; )
R. D. CONSTRUCTION, INC.; )
COLONEL McCRARY, TRUCKING, LLC; )
FICTITIOUS PARTY DEFENDANT, A )
being that person, firm, sole proprietorship, )
partnership, corporation, or other legal )
entity which employed or had a contractual )
relationship with Joe Edward Johnson; )
DEFENDANT, B, being that person, firm, )
sole proprietorship, partnership, )
corporation, or other legal entity which has )
an ownership interest in R. D. Construction, )
Inc. and/or Colonel McCrary Trucking, )
LLC; DEFENDANT, C, being that person, )
firm, sole proprietorship, partnership, )
corporation, or other legal entity that has a )
contractual relationship with R. D )
Construction, Inc. and Colonel McCrary )
Trucking, LLC to perform various work for )
the Army Corps of Engineers; DEFENDANT)
D, being that person, firm, sole )
proprietorship, partnership, corporation, or )
other legal entity that is legally responsible or)
could be legally responsible under respondeat)
superior and/or agency and/or under any )
type of contractual relationship and/or under)
Alabama law for the actions of Joe Edward )
Johnson on July 11, 2007; whose identity is )
unknown at this time but will be added by )
amendment when ascertained; )
)
DEFENDANTS. )
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______________________________________________________________________________

COMPLAINT
______________________________________________________________________________

STATEMENT OF THE CASE

1. The Plaintiff, Breana F. Stewart is a minor child, three (3) years of age, and at the

time of this complaint resided at 15241 Shipp Road, Bay Minette, Alabama She is represented in this

case by her mother and next friend, Celena L. Sprinkle.

2. The Plaintiff, Celena L. Sprinkle, at all times regarding the allegations of this

complaint resided at 15241 Shipp Road, Bay Minette, Alabama. She is the mother of Breana and

sister of Tracey Lee Stewart.

3. The Plaintiff, Tracey Lee Stewart, at all times regarding the allegations of this

complaint resided at 2239 Sanford Drive, Sumter, South Carolina.

4. The Defendant, R. D. Construction, Inc., is believed to be a Georgia Corporation.

5. The Defendant, Colonel McCrary Trucking, LLC is believed to be a Georgia

Corporation.

6. The Defendant, Joe Edward Johnson, an individual, is believed to reside at 931

Lumpkin Road, Mobile, Alabama at the time these causes of action arose.

7. Defendant, Fictitious Party A, being that person, firm, sole proprietorship,

partnership, corporation, or other legal entity which employed or had a contractual relationship with

Defendant, Joe Edward Johnson, whose identity is unknown at this time but will be added by

amendment when ascertained.

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8. Defendant, Fictitious Party B, being that person, firm, sole proprietorship, partnership,

corporation, or other legal entity which has an ownership interest in R. D. Construction, Inc. and/or

Colonel McCrary Trucking, LLC, whose identity is unknown at this time but will be added by

amendment when ascertained.

9. Defendant, Fictitious Party C, being that person, firm, sole proprietorship,

partnership, corporation, or other legal entity that has a contractual relationship or business

relationship or business agreement with R. D. Construction, Inc. and Colonel McCrary Trucking,

LLC to perform various work for the Army Corps of Engineers, whose identity is unknown at this

time but will be added by amendment when ascertained.

10. Defendant, Fictitious Party D, being that person, firm, sole proprietorship,

partnership, corporation, or other legal entity that is legally responsible or could be legally

responsible under respondeat superior and/or agency and/or under any type of contractual

relationship and/or under Alabama law for the actions of Joe Edward Johnson on July 11, 2007,

whose identity is unknown at this time but will be added by amendment when ascertained.

STATEMENT OF THE FACTS

11. Plaintiff, Celena L. Sprinkle, is the mother of Breana F. Stewart, a minor, three years

old. Plaintiff, Tracey Lee Stewart is the sister of Celena L. Sprinkle and the aunt of Breana F.

Stewart.

12. On July 11, 2007, (Wednesday) at approximately 3:26 p.m. Tracey Lee Stewart was

driving, Celena L. Sprinkle was sitting in the front seat on the passenger side and Breana F. Stewart

was sitting in the back seat behind the driver in a 2003 Mini-Cooper. They were on their way home

from picking up lunch at Taco Bell traveling east on Highway 59 in Baldwin County, Alabama as

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they approached the intersection of Highway 287. Ms. Stewart had a green light and was going

through the intersection within the speed limit when she was hit by the Defendant Joe Edward

Johnson, driving a green, 1999 Ford Ranger pick-up truck. He was headed north on Highway 287.

The Plaintiffs were impacted in the right, front door. Defendant Johnson caused the wreck by

running a red light at the intersection. The pick-up truck was owned by the Defendant R. D.

Construction, Inc. who employed the Defendant Joe Edward Johnson and on whose behalf Joe

Edward Johnson was driving.

13. The impact caused considerable damage to Ms. Stewart’s Mini-Cooper and caused

all three occupants to suffer injuries as a result of the wreck. Ms. Stewart’s injuries consisted of

multiple bruises and abrasions. Ms. Sprinkle suffered serious injuries to her body and a severe head

injury which, at this time is believed to be permanent. Breana F. Stewart suffered a severe spinal

cord injury and is paralyzed from her neck down which, at this time, appears to be permanent.

14. The Defendant, Joe Edward Johnson, was driving on behalf of the Defendants, R. D.

Construction, Inc., Colonel McCrary Trucking, LLC, and Fictitious Party Defendants, A, B, C and

D. He was driving the truck with the permission of his supervisor/superintendent/boss and within

the line and scope of his employment or the trip benefitted the defendants including Fictitious Party

Defendants A, B, C and D. Defendant Johnson had been given the truck to travel to Bay Minette,

Alabama to pay a criminal fine at the Baldwin County Courthouse. Defendant Johnson was on his

way back to work from paying the fine when this wreck occurred. The superintendent had given

Defendant Johnson the money to pay the fine as well as permission to use the truck.

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15. The Defendants, R. D. Construction, Inc. and Colonel McCrary Trucking, LLC, and

Fictitious Party Defendants, A, B, C and D are responsible for the actions of Defendant Johnson

either directly and/or under the theory of respondeat superior, Mr. Johnson was acting as their agent,

representative, servant and/or employee. These Defendants R. D. Construction, Inc. and Colonel

McCrary Trucking, LLC and Fictitious Party Defendants A-D are also liable directly for negligent

and/or wanton hiring, training and supervision.

COUNT I

Negligence and/or Wantonness

16. The Plaintiffs reallege all allegations contained heretofore in the complaint.

17. The Defendants Joe Edward Johnson, R. D. Construction, Inc., Colonel McCrary

Trucking, LLC and Fictitious Party Defendants A, B, C and D were negligent and/or wanton in

causing the wreck at the intersection of Highway 59 and Highway 287 on July 11, 2007.

18. The Defendants violated various Alabama Rules of the Road including, but not

limited to, running the red light which caused the collision.

19. As a result of the collision the Plaintiffs suffered various injuries, some of which are

set out below:

(a) Celena L. Sprinkle, suffered serious injuries to the body and a severe head
injury believed at this time to be permanent;

(b) Breana F. Stewart, three (3) years old, suffered a severe spinal cord injury and
is paralyzed from her neck down;

(c) Tracey Lee Stewart, suffered various bruises and contusions.

All of the Plaintiffs suffered severe emotional distress, mental anguish, pain and suffering.

The Plaintiffs have incurred medical bills which have not been totally calculated at the filing of this

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complaint but will be calculated in the future once treatment is concluded. Further, any future

medical costs, costs of assisted living facilities, cost of nurses or medical attendants, home care

givers, home care costs, lost wages past and future, any permanent disability and any modified living

arrangements, modified vehicle arrangements, loss of enjoyment of life.

WHEREFORE, PREMISES CONSIDERED, the Plaintiffs, Celena L. Sprinkle, individually,

Celena L. Sprinkle, as mother and next friend of Breana F. Stewart, a minor, and Tracey Lee Stewart,

an individual, demand judgment against the Defendants, Joe Edward Johnson, R. D. Construction,

Inc., Colonel McCrary Trucking, LLC and Fictitious Party Defendants, A, B, C and D for both

compensatory and punitive damages in an amount to be assessed by the trier of fact.

COUNT II

Negligent and/or Wanton Hiring

20. The Plaintiffs reallege all allegations contained heretofore in the complaint.

21. The Defendants, R. D. Construction, Inc. and Colonel McCrary Trucking, LLC and

Fictitious Party Defendants, A, B, C and D negligently and/or wantonly hired Joe Edward Johnson

without doing a legal and appropriate criminal and driving history background check on Mr. Johnson

prior to permitting him to drive a motorized vehicle on Alabama roads.

22. As a result of the negligence and/or wantonness of the defendants mentioned above,

Joe Edward Johnson negligently and/or wantonly operated a motorized vehicle, i.e., a green, 1999

Ford Ranger, pick-up truck, owned by R. D. Construction, Inc. and Colonel McCrary Trucking, LLC,

causing a wreck wherein the Plaintiffs were seriously injured.

23. As a result of the wreck the Plaintiffs suffered the following injuries which include,

but are not limited to the following:

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(a) Celena L. Sprinkle, has suffered serious injuries to the body and a severe
head injury believed at this time to be permanent;

(b) Breana F. Stewart, three (3) years old, suffered a severe spinal cord injury and
is paralyzed from her neck down;

(c) Tracey Lee Stewart, suffered various bruises and contusions.

All of the Plaintiffs suffered severe emotional distress, mental anguish, pain and suffering.

The Plaintiffs have incurred medical bills which have not been totally calculated at the filing of this

complaint but will be calculated in the future once treatment is concluded. Further, any future

medical costs, costs of assisted living facilities, cost of nurses or medical attendants, home care

givers, home care costs, lost wages past and future, any permanent disability and any modified living

arrangements, modified vehicle arrangements, loss of enjoyment of life.

WHEREFORE, PREMISES CONSIDERED, the Plaintiffs Celena L. Sprinkle, individually,

Celena L. Sprinkle, as mother and next friend of Breana F. Stewart, a minor, and Tracey Lee Stewart,

an individual, demand judgment against the Defendants, R. D. Construction, Inc., Colonel McCrary

Trucking, LLC and Fictitious Party Defendants A, B, C and D for compensatory and punitive

damages in an amount to be assessed by the trier of fact.

COUNT III

Negligent and/or Wanton Training

24. The Plaintiffs reallege all allegations contained heretofore in the complaint.

25. The Defendants R.D. Construction, Inc., Colonel McCrary Trucking, LLC and

Fictitious Party Defendants A, B, C and D negligently and/or wantonly trained Defendant Joe

Edward Johnson at the time of hiring, after he was hired and, during his employment. This negligent

and/or wanton training prevented him from being properly qualified or capable of driving a

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motorized vehicle on the public roads of Alabama which led to the cause of the wreck on July 11,

2007 and the serious physical injuries suffered by the Plaintiffs which include but are not limited to

the following:

(a) Celena L. Sprinkle, has suffered serious injuries to the body and a severe
head injury believed at this time to be permanent;

(b) Breana F. Stewart, three (3) years old, suffered a severe spinal cord injury and
is paralyzed from her neck down;

(c) Tracey Lee Stewart, suffered various bruises and contusions.

All of the Plaintiffs suffered severe emotional distress, mental anguish, pain and suffering.

The Plaintiffs have incurred medical bills which have not been totally calculated at the filing of this

complaint but will be calculated in the future once treatment is concluded. Further, any future

medical costs, costs of assisted living facilities, cost of nurses or medical attendants, home care

givers, home care costs, lost wages past and future, any permanent disability and any modified living

arrangements, modified vehicle arrangements, loss of enjoyment of life.

WHEREFORE, PREMISES CONSIDERED, the Plaintiffs Celena L. Sprinkle, individually,

Celena L. Sprinkle, as mother and next friend of Breana F. Stewart, a minor, and Tracey Lee Stewart,

an individual, demand judgment against the Defendants, R. D. Construction, Inc., Colonel McCrary

Trucking, LLC and Fictitious Party Defendants A, B, C and D for compensatory and punitive

damages in an amount to be assessed by the trier of fact.

COUNT IV

Negligent and/or Wanton Supervision

26. The Plaintiffs reallege all allegations contained heretofore in the complaint.

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27. The Defendants R.D. Construction, Inc., Colonel McCrary Trucking, LLC and

Fictitious Party Defendants A, B, C and D negligently and/or wantonly supervised Defendant Joe

Edward Johnson. This negligent and/or wanton supervision led to his being unqualified to drive a

motorized vehicle on public roads of Alabama and lack of supervision caused the wreck on July 11,

2007 and resulting in serious physical injuries to the Plaintiffs which include but are not limited to

the following:

(a) Celena L. Sprinkle, has suffered serious injuries to the body and a severe
head injury believed at this time to be permanent;

(b) Breana F. Stewart, three (3) years old, suffered a severe spinal cord injury and
is paralyzed from her neck down;

(c) Tracey Lee Stewart, suffered various bruises and contusions.

All of the Plaintiffs suffered severe emotional distress, mental anguish, pain and suffering.

The Plaintiffs have incurred medical bills which have not been totally calculated at the filing of this

complaint but will be calculated in the future once treatment is concluded. Further, any future

medical costs, costs of assisted living facilities, cost of nurses or medical attendants, home care

givers, home care costs, lost wages past and future, any permanent disability and any modified living

arrangements, modified vehicle arrangements, loss of enjoyment of life.

WHEREFORE, PREMISES CONSIDERED, the Plaintiffs Celena L. Sprinkle, individually,

Celena L. Sprinkle, as mother and next friend of Breana F. Stewart, a minor, and Tracey Lee Stewart,

an individual, demand judgment against the Defendants, R. D. Construction, Inc., Colonel McCrary

Trucking, LLC and Fictitious Party Defendants A, B, C and D for compensatory and punitive

damages in an amount to be assessed by the trier of fact.

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COUNT V

Negligent/Wanton Entrustment

28. The Plaintiffs reallege all allegations contained heretofore in the complaint.

29. The Defendants, R. D. Construction, Inc., Colonel McCrary Trucking, LLC and

Fictitious Party Defendants A, B, C and D provided the pick-up truck to Defendant Joe Edward

Johnson on July 11, 2007. At the time Mr. Johnson was given permission and allowed to use the

pick-up truck, Mr. Johnson was unqualified and/or incompetent. The Defendants mentioned above

knew or should have known, prior to giving Mr. Johnson permission and allowed to drive the truck,

that Mr. Johnson was incompetent to drive a motor vehicle on Alabama roads. The Defendants

negligently and wantonly entrusted the pick-up truck to Johnson, an incompetent driver. As a result

of permitting Defendant Johnson to drive the truck, he negligently and/or wantonly caused a wreck

by running a red light and violated other rules of the road which caused the Plaintiffs to suffer the

following injuries which include but are not limited to the following:

(a) Celena L. Sprinkle, has suffered serious injuries to the body and a severe
head injury believed at this time to be permanent;

(b) Breana F. Stewart, three (3) years old, suffered a severe spinal cord injury and
is paralyzed from her neck down;

(c) Tracey Lee Stewart, suffered various bruises and contusions.

All of the Plaintiffs suffered severe emotional distress, mental anguish, pain and suffering.

The Plaintiffs have incurred medical bills which have not been totally calculated at the filing of this

complaint but will be calculated in the future once treatment is concluded. Further, any future

medical costs, costs of assisted living facilities, cost of nurses or medical attendants, home care

givers, home care costs, lost wages past and future, any permanent disability and any modified living

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arrangements, modified vehicle arrangements, loss of enjoyment of life.

WHEREFORE, PREMISES CONSIDERED, the Plaintiffs Celena L. Sprinkle, individually,

Celena L. Sprinkle, as mother and next friend of Breana F. Stewart, a minor, and Tracey Lee Stewart,

an individual, demand judgment against the Defendants, R. D. Construction, Inc., Colonel McCrary

Trucking, LLC and Fictitious Party Defendants A, B, C and D for compensatory and punitive

damages in an amount to be assessed by the trier of fact.

DONE this 7th day of August, 2007.

/S/CLAY HORNSBY
___________________________________
CLAY HORNSBY (HOR021)
Attorney for Plaintiffs
OF COUNSEL:

MORRIS, HAYNES & HORNSBY

3500 Colonnade Parkway, Suite 100
Birmingham, Alabama 35243
(205) 324-4008 (Telephone)
(205) 324-0803 (Facsimile)
/S/WILLIAM G. HARRIS
____________________________________
WILLIAM G. HARRIS (HAR277)
Attorney for Plaintiffs
OF COUNSEL:

WILLIAM G. HARRIS
Attorney At Law
P.O. Box 1175
2005 South Broad Avenue
Lanett, Alabama 36863
(334) 642-1427 (Telephone)
(334) 642-1800 (Facsimile)

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PLEASE SERVE DEFENDANTS BY CERTIFIED MAIL,

RETURN RECEIPT REQUESTED

REGISTERED AGENT FOR SERVICE FOR:

R. D. CONSTRUCTION, INC.
Daniel I. MacIntyre
1040 Crown Pointe Parkway
Atlanta, GA 30338

REGISTERED AGENT FOR SERVICE FOR:

COLONEL McCRARY TRUCKING, LLC
Daniel I. MacIntyre
1040 Crown Pointe Parkway
Atlanta, GA 30338

SERVE DEFENDANT BY SPECIAL PROCESS SERVER

JOE EDWARD JOHNSON

931 Lumpkin Road
Mobile, Alabama 36608

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