IN THE UNITED STATES DISTRICT COURT

F'OR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

DAVID W. JAHN, )

)

PtaÍntiff, )

)

vs. ) Civil Action No.: 2:06-cv'623

)

REGINALD JAMES WASHINGTON, )

individually and GSC ENTERPRISES, ) PlaÍntÍff Demands a Trial by Jurv

INC., dlbla GROCERY SUPPLY )

COMPANY )

)

Defendants. )

IIIRST 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 controversy exceeds, exclusive of costs, Ten Thousand Dollars

($lo,ooo.oo).

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

Dothan, Houston County, Alabama.

3. Upon information and beliet Defendant Reginald James \üashington, at all times

material to this action, w¿ß a resident of and domiciled in Pensacola, Florida, and was driving the

GSC Enterprises, Inc., d/b/a Grocery Supply Company truck that caused the collision made the

basis of this Complaint.

4. On information and beliet Defendant GSC Enterprises, Inc., d/b/a Grocery Supply

Company is a Florida based business.

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

the State of Alabama and was transacting business in Georgiana, Butler County, Alabama, on the

date in question as set forth below in this Complaint.

6. Reginald James Washington, was acting within the line and scope of his employment

Case 2:06-cv-00623-MEF-SRW Document 12-2 Filed 12/28/2006 Page 1 of 4
with GSC Enterprises, Irc., dlbla Grocery Supply Company. GSC Enterprises, Inc., dlbla

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 of this lawsuit occurred in Butler County,

Alabama, on or about October 5,2005.

COUNT ONE

WAIIITON and NEGLIGENT CONDUCT

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

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

County, Alabama, Defendant Washington 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 injuries.

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. kr 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 W'ashington

was operating a motor vehicle which belonged to Defendant GSC Enterprises, Inc., d/b/a Grocery

Supply Company, with the permission of the owner.

14. As a proximate cause of Defendant GSC Enterprises, úrc., d/b/a Grocery Supply

Company's negligent entrustment of said motor vehicle to Defendant V/ashinglon, the Plaintiff was

caused to suffer serious and permanent bodily injury.

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COUNT THREE - RESPONDEAT SUPERIOR

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., d/b/a Grocery Supply Company.

17. At the time of said collision, Defendant V/ashington was acting within the

line and scope of this employment with Defendant GSC Enterprises, Irc., d/b/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, Irrc., dJbla 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 of the required jurisdictional amount of this Court and sufficient to deter

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

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

damagesustained.

Dated this the 28ú day of Decemb er,2006.

cocHRAN, CHERRY, GMNS'

SMITH" LANE & TAYLOR P. C.

/s/Terry G. Key

Christy L. Hayes (HAY-058)

Terry G. Key (KEY-011)

Attomeys for Plaintiff

Post Office Box927

Dothan, AL36302

(334) 7g3-rsss

Case 2:06-cv-00623-MEF-SRW Document 12-2 Filed 12/28/2006 Page 3 of 4
CERTIFICATE OF SERVICE

I hereby certify that on December 28,2006,I electronically filed Plaintiffls First

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

notifïcation of such filing to:

Shane M. Oncale

Attorney for Defendants

oncale@clarkdolan. com

/s/ Terrv Key

4

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