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 TO ADD 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 to Add A Party:

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

224) on June 22, 2006. (Exhibit “A”).

2) Plaintiffs’ Complaint alleges negligence on the part of Defendant Emory Young as

a result of a four-car pile up that left James John severely injured.

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

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

4) Pursuant to Fed. R. Civ. P. 16(b), Judge Fuller entered a Scheduling Order.

5) The Scheduling Order set November 10, 2006, as the cut off date for amendments

to the pleadings or to add parties. 

Case 3:06-cv-00645-MEF-TFM Document 11 Filed 01/23/2007 Page 1 of 3
6) Defendant Young exchanged discovery with Plaintiffs on or about December 20,

2006. Among those items included in the discovery was a report from the Russell

County Sheriff’s Office.

7) Upon review of the report from the Russell County Sheriff’s Office, Plaintiffs

determined that John Berry may be partially or completely liable for the damages

sustained by James John.

8) Plaintiffs now seek to amend their Complaint to include Louis Barry as a defendant

in this matter (a copy of the proposed Amended Complaint is attached hereto as

Exhibit “B”).

9) Pursuant to Fed. R. Civ. P. 15(a), leave to amend “shall be freely given when justice

so requires.” Here, the amendment is not a result of “undue delay, bad faith, or a

dilatory motive,” and Louis Berry will not be prejudiced by the amendment as this

case is still in its infancy. Foman v. Davis, 371 U.S. 178, 182, 83 S.Ct. 227, 230

(1962). 

 

10) This Motion is not opposed by Defendant Young. 

WHEREFORE, PREMISES CONSIDERED, Plaintiffs respectfully request that this Court

allow Plaintiffs to add Louis Barry as a party in this matter.

 /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 11 Filed 01/23/2007 Page 2 of 3
CERTIFICATE OF SERVICE

I hereby certify that on January 23, 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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Case 3:06-cv-00645-MEF-TFM Document 11-3 Filed 01/23/2007 Page 1 of 5
2

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. 

Case 3:06-cv-00645-MEF-TFM Document 11-3 Filed 01/23/2007 Page 2 of 5
3

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 and 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. 

Case 3:06-cv-00645-MEF-TFM Document 11-3 Filed 01/23/2007 Page 3 of 5
4

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 23rd day of January, 2007.

 /s/ Ryan Wesley Shaw 

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

RYAN WESLEY SHAW [ASB-2475-Y83S]

Attorneys for Plaintiffs

Case 3:06-cv-00645-MEF-TFM Document 11-3 Filed 01/23/2007 Page 4 of 5
5

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

CERTIFICATE OF SERVICE

I hereby certify that on January 23, 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

Case 3:06-cv-00645-MEF-TFM Document 11-3 Filed 01/23/2007 Page 5 of 5
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.

Case 3:06-cv-00645-MEF-TFM Document 11-4 Filed 01/23/2007 Page 1 of 5
2

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. 

Case 3:06-cv-00645-MEF-TFM Document 11-4 Filed 01/23/2007 Page 2 of 5
3

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 and 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. 

Case 3:06-cv-00645-MEF-TFM Document 11-4 Filed 01/23/2007 Page 3 of 5
4

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 23rd day of January, 2007.

 /s/ Ryan Wesley Shaw 

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

RYAN WESLEY SHAW [ASB-2475-Y83S]

Attorneys for Plaintiffs

Case 3:06-cv-00645-MEF-TFM Document 11-4 Filed 01/23/2007 Page 4 of 5
5

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

CERTIFICATE OF SERVICE

I hereby certify that on January 23, 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

Case 3:06-cv-00645-MEF-TFM Document 11-4 Filed 01/23/2007 Page 5 of 5