EXHIBIT 8

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PLAINTIFF'S THIRD AMENDED COMPLAINT – Page 1

20220527 SPELL LEEANN PLT POPIN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

LEEANN SPELL; §

§

§

Plaintiff, §

§

VS. § CIVIL ACTION NO. 3:21-cv-00719-S

§

JAMES HATFIELD; DEBRICK TRUCK 

LINE COMPANY; AND D.K. CHAPMAN 

TRANSPORT, LLC;

§

§

§

Defendants.

§

§

PLAINTIFF'S THIRD AMENDED COMPLAINT

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, PLAINTIFF Leeann Spell and complains of Defendants

James Hatfield, Debrick Truck Line Company, and D.K. Chapman Transport, 

LLC and for cause of action shows the following:

PARTIES

1. Plaintiff Leeann Spell is an individual resident of Dallas, Dallas

County, Texas. Her driver’s license number is *****795 and her social security 

number is ***-**-*305.

2. Defendant James Hatfield is an individual resident of De Soto, 

Johnson County, Kansas. Defendant has answered and appeared herein.

3. Defendant Debrick Truck Line Company is a corporation doing 

business in Paola, Miami County, Kansas. Defendant has answered and 

appeared herein.

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PLAINTIFF'S THIRD AMENDED COMPLAINT – Page 2

4. Defendant D.K. Chapman Transport, LLC is a corporation doing 

business in Dallas, Dallas County, Texas and may be served with process by 

serving its registered agent, Dwayne Chapman, at 5001 State Highway 114 

#1106, Roanoke, Texas 76262. Plaintiff is requesting a citation at this time. 

JURISDICTION AND VENUE

5. The addition of Defendant D.K. Chapman Transport, LLC means 

that there is no longer complete diversity of citizenship with respect to the parties

in this case. 

6. Venue of this case is proper in the Dallas division of the Northern 

District of Texas because the collision made the basis of this suit occurred in 

Dallas County, Texas, located within the boundaries of the Dallas division of the 

Northern District of Texas.

7. Plaintiff's damages are in excess of the minimum jurisdictional limits 

of $75,000.

FACTS

8. This lawsuit arises out of a motor vehicle collision that occurred on

or about Monday, January 4, 2021 at or near the intersection of South Walton 

Walker Boulevard and Duncanville Road within the city limits of Dallas, Dallas

County, Texas. Plaintiff Leeann Spell (Unit 1) was operating her vehicle

northbound on Duncanville Road turning left onto South Walton Walker 

Boulevard in the left turn lane. Defendant James Hatfield (Unit 2), while in the 

course and scope of his employment with, and operating under the Federal 

Motor Carrier authority of Defendant Debrick Truck Line Company, was operating 

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PLAINTIFF'S THIRD AMENDED COMPLAINT – Page 3

his 18-wheeler and towing Unit 3, owned by D.K. Chapman Transport, LLC, 

heading northbound on Duncanville Road turning left onto South Walton Walker 

Boulevard in the right turn lane. Defendant James Hatfield failed to drive in a 

single lane while turning and collided hard with the passenger's side of Plaintiff's

vehicle. As a result of the collision, Plaintiff was injured and continues to suffer 

injuries and damages from this incident.

CAUSES OF ACTION

NEGLIGENCE – DEFENDANT JAMES HATFIELD

9. At the time of the motor vehicle collision, Defendant James Hatfield

was operating 18-wheeler negligently. Specifically, Defendant had a duty to 

exercise ordinary care and operate 18-wheeler reasonably and prudently. 

Defendant breached that duty in one or more of the following respects:

a. Defendant did not keep such proper lookout and attention to the 

roadway as a person or ordinary prudence would have kept under the 

same or similar circumstances;

b. Defendant changed lanes when such movement could not be made 

safely in violation of TEX. TRANSP. CODE §545.060;

c. Defendant did not drive in a single lane;

d. Defendant did not keep an assured safe distance from Plaintiff's

vehicle;

e. Defendant did not timely apply the brakes of 18-wheeler in order to 

avoid the collision in question; and

f. Defendant was operating said 18-wheeler at a greater rate of speed 

than a person of ordinary care and prudence would have done under 

the same or similar circumstances in violation of TEX. TRANSP. 

CODE §545.351.

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NEGLIGENT ENTRUSTMENT – DEFENDANTS DEBRICK TRUCK LINE 

COMPANY AND D.K. CHAPMAN TRANSPORT, LLC

10. As an additional cause of action, Plaintiff would show that at the 

time and on the occasion in question, Defendants Debrick Truck Line Company

and D.K. Chapman Transport, LLC were the owners of the vehicles driven by 

Defendant James Hatfield. Defendants Debrick Truck Line Company and D.K. 

Chapman Transport, LLC entrusted their vehicles to Defendant James Hatfield. 

Defendant James Hatfield was unlicensed, incompetent, and/or reckless and 

Defendants Debrick Truck Line Company and D.K. Chapman Transport, LLC

knew or should have known that Defendant James Hatfield was unlicensed, 

incompetent, and/or reckless. Defendant James Hatfield's negligence on the 

occasion in question proximately caused the collision.

RESPONDEAT SUPERIOR – DEFENDANTS DEBRICK TRUCK LINE 

COMPANY AND D.K. CHAPMAN TRANSPORT, LLC

11. Additionally, Plaintiff would show that at the time and on the 

occasion complained of, Defendant James Hatfield was in the course and scope 

of employment with Defendants Debrick Truck Line Company and D.K. 

Chapman Transport, LLC thereby making Defendants Debrick Truck Line 

Company and D.K. Chapman Transport, LLC liable under the doctrine of 

Respondeat Superior.

NEGLIGENCE – DEFENDANTS DEBRICK TRUCK LINE COMPANY AND D.K. 

CHAPMAN TRANSPORT, LLC

12. Defendants Debrick Truck Line Company and D.K. Chapman 

Transport, LLC negligently hired and retained Defendant James Hatfield. 

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Defendants Debrick Truck Line Company and D.K. Chapman Transport, LLC

failed to properly qualify, train, and/or supervise Defendant James Hatfield in 

order to prevent such collision.

13. Each of the above and foregoing acts and omissions, singularly or 

in combination, constituted the negligence that was the proximate cause of the 

motor vehicle collision and consequently the injuries and damages of Plaintiff.

DAMAGES

14. As a proximate result of Defendants' negligence, Plaintiff suffered 

extensive injuries and damages. As a result of Plaintiff's injuries, Plaintiff suffered 

the following damages:

a. Medical expenses in the past and future;

b. Lost wages in the past and loss of earning capacity in the future;

c. Property damage and loss of use of Plaintiff's vehicle;

d. Physical pain and suffering in the past and future;

e. Mental anguish in the past and future; and 

f. Physical impairment in the past and future.

JURY TRIAL

15. Plaintiff demands a trial by jury and includes the appropriate jury 

fees.

RELIEF

16. WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that 

Defendants be cited to appear and answer herein, and that upon final hearing 

thereof, Plaintiff recover judgment against Defendants for:

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a. Plaintiff's past medical expenses, which are reasonable and customary 

for the medical care received by Plaintiff;

b. Plaintiff's future medical expenses;

c. Plaintiff's lost wages in the past and loss of earning capacity in the 

future;

d. Plaintiff's property damage and loss of use of Plaintiff's vehicle;

e. Plaintiff's physical pain and suffering in the past and future in an 

amount to be determined by the jury;

f. Plaintiff's mental anguish in the past and future in an amount to be 

determined by the jury;

g. Plaintiff's physical impairment in the past and future in an amount to be 

determined by the jury;

h. Interest on the judgment at the legal rate from the date of judgment;

i. Pre-judgment interest on Plaintiff's damages as allowed by law;

j. All costs of court; and

k. Such other and further relief to which Plaintiff may be justly entitled.

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Respectfully submitted,

BY: _____________________________

BRENNAN CLAY

State Bar No. 24105609

brennan.clay@witheritelaw.com

attorney-in-charge 

SHELLY GRECO

State Bar No. 24008168

shelly.greco@witheritelaw.com

WITHERITE LAW GROUP, PLLC

10440 N. Central Expressway

Suite 400

Dallas, TX 75231-2228

214/378-6665

214/378-6670 (fax)

ATTORNEYS FOR PLAINTIFF

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing has been 

forwarded to all counsel of record on the 27

th day of May 2022, through the 

Court’s CM/ECF electronic notification system, or otherwise in accordance with 

the Federal Rules of Civil Procedure.

_____________________________

BRENNAN CLAY

David Sargent

Sargent Law, P.C.

1717 Main Street, Suite 4750

Dallas, Texas 75201

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