Case 2:11-cv-00063-WCO Document 1-2 Filed 03/11/11 Page 1 of 5

3011050S8421006M 20110218

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IN THE SUPERIOR COURT OF JACKSON COUNT^ ^J
STATE OF GEORGT.A 7fl[ ( FE^ j ! 2, j 7
Pi1
ANNA MARTIN, *
CIVIf, ACTIO,N
Plaintiff, " FILE NO. }y

,VS. Y
*
LARRY BROGAN, *
GAINEY CORPORATION and
ACE USA, INCORI'ORATION,

Defendants.

COMPLATNT FOR DAMAGES

COMES NOW ANNA MARTIN, Plaintiff in the above styled action and shows the

Court as follows

1.

Defendant LARRY BROGAN, hereinafter referred to as "Defendant BROGAN;" is a

resident of Ohro and is subject to the jurisdiction of this Court. He may be served with a copy of

this Complaint and Summons at 72 Bella Casa Drive, Dayton, Ohio 45449.

2.

Defendant GAINEY CORPORATION, hereinafter referred as "Defendant GAINEY", is

a Michigan business doing business in the State of Georgia and is subject to the jurisdiction of

this Court. Defendant'GAlNEY's registered agent for service of process is The Corporation

Company, who may be served with this Complaint and Summons at 30600 Telegraph Rd, Ste

2345, Bmgham Farms, Michigan 30288.

3.

Defendant ACE USA, INCORI'ORATION, hereinafter referred to as "Defendant ACE",

EXHIBIT
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3011050S8421006M

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is a foreign corporation, having been incorporated under the laws of the State of Delaware.

Defendant ACE does busmess in the State of Georgia an.d is subject to the jurisdiction of this

Court. Defendant ACE's registered agent for service of process is The Corporation Trust

Company, who may be served with a copy of this Complaint and Summons at Corporation Trust

Center 1209 Orange Street, Wilmington, Delaware 19801.

4.

Defendant GAINEY is the owner and operator of a business ;svhich qua ifies.as either a

motor common carrier or a motor contract carrier under the laws of the State of Georgia, and the

tractor-trailer rig which was involved in the collision that is the subject matter of this case was

being operated as such by said Defendant at all times herein described

5.

Venue is proper in this Court pursuant to Section 9-10-93 of the Official Code of Georgia

Annotated because the collision, which is the subject of this Complaint occurred in Jackson

County

On Thursday, February 26, 2009, Plaintiff was a passenger in a parked tractor-trailer rig

in the trucking parking lot of Pilot Travel Center located at 5888 Hwy 53,.Braselton, Georgia.

At the time of the accident, Plaintiff was in the sleeper area of the tractor-trailer rig. Defendant

BROGAN was driving a tractor-trailer ng through the parking lot where 1'lainti.ff's vehicle was

parked. As Defendant BROGAN was driving through the parking lot, he violently collided with

Plaintiff's vehicle. Defendant BROGAN was at fault for this collision.

7.

At the tame of the collision, which is the subject of this Complaint, Defendant BROGAN
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was an employee of Defendant GAINEY and was acting within the scope of his employment

with Defendant GATNEY. As such, the acts and omissions of Defendant BROGAN, alleged

hereir^, are imputed to Defendant GAINEY by virtue of this agency relationship and the Doctrine

of Respondeat Superior.

8.

At the time of the collision which is the subject matter of this case, Defendant BROGAN

was driving and operating a tractor-trailer rig which was owned by Defendant GAINEY, and

which was insured in accordance with the laws of,the State of Georgia under a policy of motor

vehicle liability insurance or a surety bond issued by Defendant ACE.

The direct and proximate cause of said collision was the negligent operation of the

tractor-trailer rig by Defendant BROGAN, for whose conduct Defendant GAIlNTEY and

Defendant ACE are also liable; and said Defendants were negligent in the following ways:

(a) Driving at a greater speed than reasonable and prudent in violation of

O.0 G.A. Section 40-6-180;

(b) Faili.ng to exerci^e due care in violation of O:C G.A. Section 40-6-241;

(c) Failing to maintain a proper lookout;

(d) Driving her car with reckless disregard for the safety and property of others in

violation of O.C.G A. Section 40-6-390; and

(e) By committing any acts or omissions which may be shown at trial.

10.

As a direct and proximate result of Defendants' negligence and breach of duty,

Plaintiff has suffered permanent, disabling and excruciatingly painful bodily injuries and
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damages for which she has incurred medical expenses in an amount to be shown at trial, but in

excess of $119,003.29 as foilows.

Concentra Medical Centers $ 772 24

Tomah Memorial Hospital $2,635.00
Saint Michaels Hospital $6,434.70
Aspirus Doctors Clinic $ 572.00
Aspirus Spine and Neurosciences Inst. $ 513.00
Maxshfield Clinic $ 862.50
St Mxchael's Hospital $1,971.50
American Health Network of Indiana, LLC $3,306.00
Goodman Campbell Brain. and Spine $26,323.00
Clarian Health Partners $65,852.10
Clarian Health Partners (MRI) $2,326.25
Anesthesia Constxltantsof Indianapolis $2,489.00
Advanced Physical Therapy, LLC $2,788.00
IU Radiology Associates $ 225.00
Walgreens Pharmacy $1,933.00

11.

As a direct and proximate result of Defendants' negligence and,breach of duty, Plaintiff

wiIl incur medical expenses in the future in an amount to be shown at trial.

12.
r^

As a direct and proximate result of Defendants' negligence and breach of duty, Plaintiff

has suffered lost wages in an amount to be proven at trial.

13.

As the direct and proximate result of Defendants' negligence, Plainttrff has lost her

capacity to work and labor and will suffer a total loss of earnings and benefits over his lifetime in

an amount to be shown at trial.

14

As a direct and proximate result of Defendants' negligence and breach of duty, Plaintiff

has suffered extensive physical pam., mental anguish and perxn.anent disability.
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WHEREFORE, Plaintiff prays as follows:

(a) That process issue and Defendants be served as provided by law;

(b) That Plaintiff has a trial by jury on all issues so tnable,

(c) That Plain.tiff has a verdict and judgnrzen.t against Defendants to compensate

Plaintiff for all special, general, compensatory, consequential and punitive

damages in au.•amoun.t to be proven at trial;

(d) That all costs be cast against Defendants; and

(e) That this Court grant such other and fiuther relief as it deems appropriate.

This y of ^'^-` S^ .^-^^{ 2011.

. ^
Respectfully Submitted'By:
R. SHANE SMITH
State Bar No. 663357
Counsel for Plaintiff

TORY A. H LZ.,OWAY
State Bar No. 155045
Counsel for Plaintiff

LAW OFFICES OF R. SHANE SMITH

P.O. Box 2474
Peachtree City, GA 30269
(770) 487-8999