IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF'ALABAMA

NORTHERN DIWSION

DAVID \ry. JAIIN, )

)

Plaintiff, )

vs. ì 

"rot, 

Acrion No.: 2:06- cv-623

)

REGINALD JAMES \ryASHINGTON, )

indÍvidually and GSC ENTERPRISES, ) Plaintiff Demands a Trial bv Jury

INC., dlbla GROCERY SUPPLY )

COMPAI\-Y )

)

Defendants. )

FIRST AMENDED COMPLAINT

COMES NOW the Plaintiff in the above-styled cause and as the basis for the relief

hereinafter prayed for, states as follows:

1. The matter in conffoversy exceeds, exclusive of costs, Ten Thousand Dollars

($10,000.00).

2. The Plaintiff, David W. Jahn, ai all times matenal to this action, was resident of

Dothan, Houston County, Alabama.

3. Upon information and belief Defendant Reginald James Washington, at all times

material to this action, \Mas a resident of and domiciled in Pensacola, Florida, and was driving the

GSC Enterprises, Inc., dlbla Grocery Supply Company tnrck that caused the collision made the

basis of this Complaint.

4. On information and belief Defendant GSC Enterprises, Inc., dlbla Grocery Supply

Company is a Florida based business. 

rt

5' GSC Enterprises, Inc., dlblaGrocery Supply Company transacts business throughout

the State of Alabama and was transacting business in Georgian4 Butler County, A1abam4on the

date in question as set forth below in this Complaint.

6' Reginald James V/ashington, w¿ts acting within the line and scope of his employnent

Case 2:06-cv-00623-MEF-SRW Document 14 Filed 01/12/2007 Page 1 of 4
with GSC Enterprises, Inc., dlbla Grocery Supply Company. GSC Enterprises, Inc., d/b/a

Grocery Supply Company is vicariously liable for the conduct of its agents or employees,

including but not limited to Reginald James Washington.

7. The accident which forms the basis ofthis lawsuit occurred in Butler County,

Alabama, on or about October 5.2005.

COUNT ONE

WAIITON and NEGLIGENT CONDUCT

8. Plaintiff restates and reaffirms the above paragraphs as if firlly stated herein.

9. On or about October 5,2005, at or near I-65 and AL Hwy 106 in Georgiana, Butler

Courty, Alabama, Defendant V/ashington negligently and/or wantonly operated his l8-wheeler

vehicle causing it to collide with the vehicle in which Plaintiff David W. Jahn was the driver.

10. As a direct and proximate consequence ofDefendant V/ashington's negligent and/or

wanton conduct, Plaintiff was caused to suffer severe personal injwies including, but not limited to

serious and permanent in¡iuries.

11. As a direct and proximate result of the aforementioned injuries, Plaintiff has been

caused to incur expenses for medical treatment and related care. Such expenses have fallen upon

Plaintiff. In addition, Plaintiff has been caused to suffer extreme pain and suffering and mental

anguish.

COUNT TWO -I\EGLIGENT ENTRUSTMENT

12. Plaintiff restates and reaffirms the above paragraphs as if fully stated herein.

13. At the time of the collision which is the basis for this action, Defendant Washington

was operating a motor vehicle which belonged to Defendant GSC Enterprises, Inc., dhla Grocery

Supply Company, with the permission of the owner.

14. As a proximate cause of Defendant GSC Enterprises, Inc., dlbla Grocery Supply

Company's negligent entrustment of said motor vehicle to Defendant Washington, the plaintiff was

caused to suffer serious and permanent bodily injury.

Case 2:06-cv-00623-MEF-SRW Document 14 Filed 01/12/2007 Page 2 of 4
15. Plaintiff restates and reaffirms the above paragraphs as if fully stated herein.

16. At the time of the collision which is the basis of this Complaint, Defendant

Washington was an employee of GSC Enterprises, Irc., dlblaGrocery Supply Company.

17. At the time of said collision, Defendant Washington was acting within the

line and scope of this employment with Defendant GSC Enterprises, Irc., dlb/a Grocery Supply

Company.

18. Under the doctrine of Respondeat Superior, the negligent and./or wanton conduct

of Defendant Washington is imputed to Defendant GSC Enterprises, hc., dlbla Grocery Supply

Company.

WHEREFORE, Plaintiff seeks damages against Defendants in such sums as the evidence

may show and the jury may find, together with costs of this action, for compensatory damages and

punitive damages in excess ofthe required jurisdictional amount of this Court and sufficient to deter

Defendants and others from similar conduct in the future, attorneys' fees and interests and costs, as

well as any additional amount deemed by this Honorable Court to be justifiable recompense for the

damages sustained.

Dated this the l2th day of January, 2007.

cocHRAN, CHERRY, GMNS,

SMITH, LANE & TAYLO& P.C.

/sÆerry G. Key

Christy L. Hayes (HAY-058)

Terry G. Key (KEY-011)

Attomeys for Plaintiff

Post Office Box927

Dothan, AL36302

(334) 793-rsss

Case 2:06-cv-00623-MEF-SRW Document 14 Filed 01/12/2007 Page 3 of 4
CERTIFTCATE OF' SERYICE

I hereby certify that on January 12,2007,I electronically filed plaintiffls First Amended

Complaint with the Clerk of the District Court using the CI\{/ECF system, which sent

notification of such filing to:

Shane M. Oncale

Attorney for Defendants

oncale@clarkdolan. c om

/s/ Terrv Ke)¡

Case 2:06-cv-00623-MEF-SRW Document 14 Filed 01/12/2007 Page 4 of 4