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, * Formerly Russell County Circuit

* Court Case No.: CV-06-224

Defendant. *

PLAINTIFFS’ MOTION FOR LEAVE TO AMEND COMPLAINT TO REMOVE

CAMBRIDGE INTEGRATED SERVICES, INC., AS A PARTY

COME NOW Plaintiffs, Lumberman’s Underwriting Alliance and Cambridge Integrated

Services Group, Inc., as Subrogees of Transport Leasing/Contract, Inc.; Hansen & Adkins Auto

Transport (hereinafter “Plaintiffs”) and pursuant to Fed. R. Civ. P. 15(a), submits the following

Motion For Leave to Amend Complaint to Remove Cambridge Integrated Services, Inc., as a Party

in this matter:

1) Plaintiffs filed this action in the Circuit Court of Russell County, Alabama (CV-06-

224) on June 22, 2006, and inadvertently listed Cambridge Integrated Services

Group, Inc., as a plaintiff in this matter (Exhibit “A”).

2) Defendant Young removed this action to The United States District Court for the

Middle District of Alabama, Eastern Division, on July 20, 2006.

3) Cambridge Integrated Services, Inc., is a third-party administrator or agent for

Lumbermen’s Underwriting Alliance and should not have been listed as a Plaintiff

in this matter. 

 

Case 3:06-cv-00645-MEF-TFM Document 22 Filed 04/04/2007 Page 1 of 3
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4) This Motion is not opposed by Defendants Young or Berry.

5) A copy of the proposed Second Amended Complaint is attached hereto (Exhibit “B”).

WHEREFORE, PREMISES CONSIDERED, Plaintiffs respectfully request that this Court

allow Plaintiffs to Amend their Complaint to remove Cambridge Integrated Services, Inc., as a party

to this civil litigation. 

 /s/ Ryan Wesley Shaw 

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

RYAN WESLEY SHAW [ASB-2475-Y83S]

Attorneys for Plaintiffs

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

Case 3:06-cv-00645-MEF-TFM Document 22 Filed 04/04/2007 Page 2 of 3
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CERTIFICATE OF SERVICE

I hereby certify that on April _, 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. Patrick Norris, Esq.

SAMFORD & DENSON, LLP MCDANIEL, BAINS & NORRIS, P.C.

P.O. Box 2345 Two Metroplex Drive

Opelika, Alabama 36803-2345 Suite 504

Birmingham, Alabama 35209-6812

 /s/ Ryan Wesley Shaw 

OF COUNSEL

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IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

EASTERN DIVISION

LUMBERMAN’S UNDERWRITING *

ALLIANCE, as a Subrogee of * 

TRANSPORT LEASING/CONTRACT, *

INC.; HANSEN & ADKINS AUTO *

TRANSPORT, *

*

Plaintiff, *

* 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. *

PLAINTIFF’S SECOND AMENDED COMPLAINT

NOW COMES the Plaintiff, Lumberman’s Underwriting Alliance (“LUA”), as a Subrogee

of Transport Leasing/Contract, Inc., (“TLC”) and Hansen & Adkins Auto Transport (“HAAT”) and

makes the following Second 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) 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.

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

based out of Los Angeles County, California. 

Case 3:06-cv-00645-MEF-TFM Document 22-3 Filed 04/04/2007 Page 1 of 5
2

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

over nineteen years of age.

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

Complaint. 

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

nineteen years of age.

7) 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

8) Plaintiff realleges, reavers, and adopts by reference as if set out fully herein

paragraphs 1-7 of the Complaint.

9) 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.

10) 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. 

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

woman walking along US 80 wearing short shorts. 

12) 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. 

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

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

from behind by a vehicle driven by Loni Anglin.

15) 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.

16) 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)

17) Plaintiff realleges, reavers, and adopts by reference as if set out fully herein

paragraphs 1-16 of the Complaint.

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

result caused injury to John.

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

distance ahead of John. 

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

distance behind John. 

21) 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. 

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

to stop from colliding with and further injuring John.

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

Case 3:06-cv-00645-MEF-TFM Document 22-3 Filed 04/04/2007 Page 3 of 5
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fractured pelvis, contusions, and various other injuries associated with the incident made the basis

of this lawsuit.

24) Plaintiff expended $141.424.05 as a result of reasonable and necessary medical

expenses as a result of the injury to John.

WHEREFORE, the Plaintiff prays for judgment against the Defendants and in favor of

the Plaintiff 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 Plaintiff respectfully requests a judgment against the Defendants in the amount of

$141,424.05 

RESPECTFULLY SUBMITTED this the 4th day of April, 2007.

 /s/ Ryan Wesley Shaw 

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

RYAN WESLEY SHAW [ASB-2475-Y83S]

Attorneys for Plaintiff

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

Case 3:06-cv-00645-MEF-TFM Document 22-3 Filed 04/04/2007 Page 4 of 5
5

CERTIFICATE OF SERVICE

I hereby certify that on April 4, 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. Patrick Norris, Esq.

SAMFORD & DENSON, LLP MCDANIEL, BAINS & NORRIS, P.C.

P.O. Box 2345 Two Metroplex Drive

Opelika, Alabama 36803-2345 Suite 504

Birmingham, Alabama 35209-6812

 /s/ Ryan Wesley Shaw 

OF COUNSEL

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