IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

EASTERN DIVISION

LUMBERMAN’S UNDERWRITING *

ALLIANCE and CAMBRIDGE *

INTEGRATED SERVICES GROUP, *

INC., as Subrogees of TRANSPORT *

LEASING/CONTRACT, INC.; *

HANSEN & ADKINS AUTO *

TRANSPORT, *

*

Plaintiffs, *

* 3:06-CV-645-MEF

vs. *

*

EMORY LEE YOUNG *

an individual; LOUIS BERRY, *

an individual * Formerly Russell County Circuit

* Court Case No.: CV-06-224

Defendants. *

PLAINTIFFS’ AMENDED COMPLAINT

NOW COME the Plaintiffs, Lumberman’s Underwriting Alliance (“LUA”) and Cambridge

Integrated Services Group, Inc.(“Cambridge”), as Subrogees of Transport Leasing/Contract, Inc.,

(“TLC”) and Hansen & Adkins Auto Transport (“HAAT”) and makes the following Amended

Complaint against the Defendants.

PARTIES

1) LUA is, upon information and belief, a corporation incorporated under the laws of

the State of Missouri and qualified to do business in the State of Alabama. 

2) Cambridge is, upon information and belief, a corporation incorporated under the laws

of the State of Pennsylvania and qualified to do business in the State of Alabama.

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3) TLC is, upon information and belief, a corporation incorporated under the laws of

the State of Indiana and qualified to do business in the State of Alabama.

4) HAAT is, upon information and belief, a Duval County, Florida-based company

based out of Los Angeles County, California. 

5) Emory Lee Young (“Young”) is a resident of Muscogee County, Georgia and over

nineteen years of age.

6) Young was insured by Geico at the time of the incident made the basis of this

Complaint. 

7) Louis Berry (“Berry”) is a resident of Saluda County, South Carolina and over

nineteen years of age.

8) Berry’s employer, Mercer Transportation Co., Inc., was insured by Continental

Casualty Company at the time of the incident made the basis of this Complaint. 

FACTS

9) Plaintiffs reallege, reaver, and adopt by reference as if set out fully herein paragraphs

1-8 of the Complaint.

10) On or about July 15, 2004, James John, (“John”), was driving a tractor trailer as an

employee of TLC that had a lease contract with HAAT.

11) While traveling through Russell County on US 80, John was approaching the

intersection with Goble Road when Berry (in the truck ahead of John) quickly applied his breaks and

came to a sudden stop. 

12) Upon information and belief, Berry came to a complete stop when he witnessed a

woman walking along US 80 wearing short shorts. 

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13) As Berry’s tractor trailer stopped, John, although following a safe distance behind

Berry, began to fishtail and was unable to avoid contact with Berry’s tractor trailer. 

14) John’s vehicle was then struck from behind by Young’s vehicle.

15) Young’s vehicle, after making contact with John’s tractor trailer, was then struck from

behind by a vehicle driven by Loni Anglin.

16) As a result of his collision with Berry or Young’s collision with the rear of John’s

tractor trailer, John was caused to suffer a fractured pelvis, contusions, and various other injuries

associated with the violent impact.

17) The insurance carriers for John’s employers paid John’s medical bills and other

expenses related to the incident made the basis of this lawsuit totaling $141,424.05.

COUNT ONE

(Negligence)

18) Plaintiffs reallege, reaver, and adopt by reference as if set out fully herein paragraphs

1-17 of the Complaint.

19) Berry and Young were negligent in the operation of their motor vehicles and as a

result caused injury to John.

20) Berry had a duty to operate his vehicle in a safe manner, at a safe speed, and a safe

distance ahead of John. 

21) Young had a duty to operate his vehicle in a safe manner, at a safe speed and distance

behind John. 

22) Berry breached this duty and thus, when he applied his breaks quickly, John was

unable to avoid colliding with his vehicle which caused injury to John. 

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23) Young breached this duty and thus, when the initial accident occurred, was unable to

stop from colliding with and further injuring John.

24) John was injured, in part or wholly, by the Defendants’ negligence in the form of a

fractured pelvis, contusions, and various other injuries associated with the incident made the basis

of this lawsuit.

25) Plaintiffs expended $141.424.05 as a result of reasonable and necessary medical

expenses as a result of the injury to John.

WHEREFORE, the Plaintiffs pray for judgment against the Defendants and in favor of the

Plaintiffs in the amount of $141,424.05.

CONCLUSION

As a result of Berry and Youngs’ negligent operation of their motor vehicles, John was caused

to suffer injury and Plaintiffs HAAT and TLC to pay for John’s medical and other related expenses.

The Plaintiffs respectfully request a judgment against the Defendants in the amount of $141,424.05

RESPECTFULLY SUBMITTED this the 2nd day of February, 2007.

 /s/ Ryan Wesley Shaw 

MICHEAL S. JACKSON [ASB-8173-078M]

RYAN WESLEY SHAW [ASB-2475-Y83S]

Attorneys for Plaintiffs

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OF COUNSEL:

BEERS, ANDERSON, JACKSON,

 PATTY, VAN HEEST & FAWAL, P.C.

250 Commerce Street, Suite 100

P.O. Box 1988

Montgomery, Alabama 36102

(334) 834-5311 Phone

(334) 834-5362 Facsimile

SERVED UPON DEFENDANT LOUIS BERRY VIA CERTIFIED MAIL, 

PURSUANT TO Fed. R. Civ. P. 4.5(e)2 as follows:

Louis Berry

515 Bethany Schoolhouse Rd.

Saluda, SC 29138

Louis Berry

RR 1 Box 178

Saluda, SC 29138 

CERTIFICATE OF SERVICE

I hereby certify that on February 2, 2007, I electronically filed the foregoing with the Clerk

of Court using the CM/ECF system which will send notification of such filing to the following:

Joshua J. Jackson, Esq.

SAMFORD & DENSON, LLP

P.O. Box 2345

Opelika, Alabama 36803-2345

 /s/ Ryan Wesley Shaw 

OF COUNSEL

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OAO 440 (Rev. 8/01) Summons in a Civil Action

UNITED STATES DISTRICT COURT

District of

SUMMONS IN A CIVIL ACTION

V.

CASE NUMBER:

TO: (Name and address of Defendant)

YOU ARE HEREBY SUMMONED and required to serve on PLAINTIFF’S ATTORNEY (name and address)

an answer to the complaint which is served on you with this summons, within days after service

of this summons on you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you

for the relief demanded in the complaint. Any answer that you serve on the parties to this action must be filed with the

Clerk of this Court within a reasonable period of time after service.

CLERK DATE

(By) DEPUTY CLERK

Case 3:06-cv-00645-MEF-TFM Document 14-3 Filed 02/02/2007 Page 1 of 2
OAO 440 (Rev. 8/01) Summons in a Civil Action

RETURN OF SERVICE

Service of the Summons and complaint was made by me(1)

DATE

NAME OF SERVER (PRINT) TITLE

 Check one box below to indicate appropriate method of service

G Served personally upon the defendant. Place where served:

G Left copies thereof at the defendant’s dwelling house or usual place of abode with a person of suitable age and

discretion then residing therein.

Name of person with whom the summons and complaint were left:

G Returned unexecuted:

G Other (specify):

STATEMENT OF SERVICE FEES

TRAVEL SERVICES TOTAL

DECLARATION OF SERVER

I declare under penalty of perjury under the laws of the United States of America that the foregoing information 

contained in the Return of Service and Statement of Service Fees is true and correct.

Executed on

Date Signature of Server

Address of Server

(1) As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure.

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