IN TTTE CIRCTNT COURT OX'BUTLER COT]NTY, ALABAMA

DAVID W. JAHN,

Plaintiff,

vs.

REGINALD JAMES WASHINGTON,

individually and

GROCERY SUPPLY COMPANY,

Defendants.

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) Civit Action No.: CV-2006-jill

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) Plaintiff Demands a Trial bv Jury

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i ) COMPLAINT

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

hereinafter prayed for, states as follows:

l. The matter in controversy exceeds, exclusive of costs, Ten Thousand Dollars

($10,000.00).

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

Dothan, Houston County, Alabama.

3. Upon information and beliet Defendant Reginald James Washingtor¡ at all times

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

Grocery Supply Company truck that catued the collision made the basis of this Complaint.

4. On information and belief, Defendant Grocery Supply Company is a Florida

based business.

5. Grocery Supply Company transacts business throughout ttre State of Alabama and

was transacting business in Georgian4 Butler County, Alabama on the date in question as set forth

belowinthis Complaint

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

with Grocery Supply Company. Grocery Supply Company is vicariously liable for the conduct

' AL|Eñ STËPH[NSO

þ$Luruor?oo

FILED IN OFFICE

CIRCUIT CLTRK

BUTLER COUNTY

of its agents or employees, including but not limited to Reginald James Washington.

Case 2:06-cv-00623-MEF-SRW Document 12-3 Filed 12/28/2006 Page 1 of 4
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7. The accident which forms the basis of this lawsuit occurred in Butler County,

Alabama on or about October 5.2005.

COT]NT OIYE

WA]IITON and NEGLIGENT CONDUCT

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

9. On or about October 5,2005, at or nea¡ I-65 and AL Hwy 106 in Georgian4 Butler

County, Alabam4 Defendant V/-ashington negligentþ and/or wantonly operated his l8-wheeler

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

10. As a direct and proximate consequence of Defendant Washington's negligent and./or

wanton conduct Plaintiffwas caused to suffer severe personal injuries including, but not limited to

serious and permanent iqiwies.

11. As a direct and proximate result of the aforementioned injuries, Plaintiffhas 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 T\ryO - IYEGLIGENT ENTRUSTMENT

12. Plaintiffrestates and reaffirms the above paragraphs as if frrlly 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 Grocery Supply Compan¡ with the

permission of the owner.

14. As aproximate cause of Defendant Grocery Supply Company's negligent entrustnent

of said motor vehicle to Defendant Washington, the Plaintiff was caused to suffer serious and

permanent bodily inj uty.

COUNT THREE - RESPONDEAT STJPERIOR

Plaintiffrestates and reaffirms the above paragraphs as if fulty st¿ted herein.

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

15.

16.

Case 2:06-cv-00623-MEF-SRW Document 12-3 Filed 12/28/2006 Page 2 of 4
Washington was an employee of Grocery Supply Company.

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

line and scope of this employment with Defendant Grocery Supply Company.

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

of Defendant Washington is imputed to Defendant Grocery Suppty Company.

TWHEREFORE, Plaintiff seeks damages against Defendants in such surns 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 simila¡ 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

damages sustained.

Dared rhis the jÉou, .rfulo/ .2006.

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cocHRAN, CHERRY, GTVENS,

sMrTH, LAi\tE & TAYLOR, P. C.

isty L. Hayes (I{AY-O

Attomeys for Plaintiff

Post OffrceBox927

Dothan, AL 36302

(334)793-rsss

Case 2:06-cv-00623-MEF-SRW Document 12-3 Filed 12/28/2006 Page 3 of 4
JURY DEMAND

Plaintiffhereby demands a trial by jury.

Defendants May Be Served At:

Mr. Reginald V/ashington

1023 N. 8e Avenue

Pensacola, FL 32501

Grocery Supply Company

4150 W. Blount Street

Pensacola, FL 32505

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