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    2016-11-29 Complaint

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    2016-11-29 Complaint

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    2K views8 pages

    2016-11-29 Complaint

    Uploaded by

    Taylor Ellis
    2016-11-29 Complaint

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 8
    IN THE CIRCUIT COURT OF TENNESSEE ELEVENTH JUDICIAL DISTRICT, AT CHATTANOOGA, CURTEZ K. POOLE bin/f MONIQUE CAPERTON and CURTIS K. POOLE; MONIQUE CAPERTON, Individually: and CURTIS K. POOLE, individually, pocxerno: Je C136 ) ) ) } PLAINTIFFS, ) ov. o % ve ) & ) JURY DEMAND \ DURHAM SCHOOL SERVICES, LP.; and ) \ JOHNTHONY WALKER, Individually and) 2s employes or agent of DURHAM) SCHOOL SERVICES, L ) ) DEFENDANTS ) ‘COMPLAINT Plaintiffs Curtez K. Poole binff Monique Caperton and Curtis K. Poole; Monique Caperton, individually; and Curtis K Poole, individually (collectively “Plaintifs"), through counsel fend for their Complaint against Defendants Durham School Services, L. P. (Durham), and ohnthony Walker (Walker’), individually and as employee or agent of Durham, state as follows: Paints are residents and citizens of Hamilton County, Tennessee. 2. Defendant Durham is Delaware corporation qulifled to do business inthis State with its principal place of business at 1431 Opus Pace, Suite 200, Downers Grove, IL 60518, and can be served through its registered agent C T Corporation System, Suite 2021, 800 8. Gay Steet, Knomvile, Tennessee 3782. 3. Defendant Welker is an adult resident of Hamiton County, Tennessee and can be cored atthe Hamitton County Jal, where he currently being held 2s criminal charges are Pending against him as a result of the bus crash that occurred on November 21, 2016, in Chattanooga, Tennessee (the “Bus Crash’). ‘4, Jrisdlition is proper inthis district and verue Is proper in this forum as Plain’ ‘claims against Defendants arise from the Bus Crash that occured in Hamilton County, Tennessee, 5. Plaintiff Curtez K. Poole is the &-year-old minor son of Plantif Monique Caperton and Plaintiff Curtis K. Poole and isa student at Woodmore Elementary School 6. Defendant Durham operates a full-service student transportation company through the use of employees, agents, servants, and contractors who perform student transportation services within the scope of their employment, actual authority, apparent ‘authority, agency, or contract witr Defendant Durham. 7. Defendant Walker ata relevant times was acting as an employee, contractor, or ‘agent of Defendant Durham with actual and apparent authorily to provide student transportation services for Defendant Durtiam, 8. At the time of the Bus Crash, Defendant Walker was operating a school bus as ‘an employee or agent of Defendant Durham for the purpose of transporting children to their homes from Woodmore Elementary School. 8, Defendant Durham owns and maintains the school bus Defendant Waker was ving at the time ofthe Bus Crash. 10. At the time of the Bus Crash on Talley Road in Chattanooga, Tennessee, Defendant Walker was operating Defendant Durham's school bus negligently, carelessly, and recklessly by traveling 100 fas: under the circumstances. Defendant Walker's negligent, careless, and reciless operation of Defendant Durham's school bus caused him to lose control ‘ofthe bus, strike a telephone pole and tre, and flip the bus on its side. 11. Paint Curtez Poole was 2 passenger on Defendant Durham's bus driven by its agent or employee Defendant Welker, 12, Plaintiff Curtez Poole sustained significant, disfiguring, and permanent personal injuries, experienced pain and suffering as a resut of those personal injuries, and has suffered psychological damages es a reaut ofthis crash. Paint Curtez Poole has incured and wil Incur considerable medical and other expenses as a resut of his crash, 18. Plaintifs Monique Caperion and Curtis Poole have Inoured and wal incur considerable medical and other expenses on behalf oftheir sn Curtez Poole ‘2 result of this crash and have been deprived of the good and valuable services of their child, Further, and Independently of ther son's injur Plaintiffs Monique Caperton and Curtis Poole have suffered ‘extreme mental anguish and psychological damage as a result ofthis crash, ‘14. Upon information and belief, Defendant Walker had been involved in at least one ‘other school bus crash tis academic year while driving Defendant Durham's bus, 18. Upon information and belief, prior to the Bus Crash students and parents had lodged complaints with Woodmore Elementary School regarding Defendant Waker’s performance as a bus diver, and prior to the Bus Crash, Defendant Walker told a Woodmore Elementary School representative that he did not care about the students in the bus he drove for Defendant Durham, COUNT | - Walker 16. _Plaintfs repeat the factual allegations of paragraphs 1 through 15, 17. Defendant Walker was operating Defendant Durham's bus in 2 negligent, ‘careless, and reckless manner snd was the proximate cause of the colision that injured laintifs. Defendant Walker falled to operate Defendant Durham's bus in accordance with ‘Tennessee's “Rules of the Road” including but not limited to Tennessee Code Annotated: (2) § $5-8-136(b) (duy to exercise due care); (©) § 85-8123 (fallure to maintain trae lane); (€) § 85-8-162 (speed limits); {€) § 85-10-101 (death or personal injury): {) §56-10-102 (damage to vehicle); and {) § 85-10-208 (reckless driving). 18. Additionally, Defendant Walker was operating Defendant Durham's bus in @ negligent, careless, and reckless manner by: (@) falling to operate it as an ordinary and prudent person would have done under the conditions and circumstances: (6) faling to keep a proper lockout in the direction in which he was traveling: (6) faling to exercise caution; and (4) fang 1 keep the bus under control 18, Defendant Walker's negligent, careless, and reckless operation of Defendant Durham's bus caused Plaintiff Curtez Poole to sustain significant and permanent personal injuries, pain and suffering, and psychological injury. He has incurred and wil incur considerable ‘medical and other expenses as a result of this crash as well as diminished earning capecty. 20. Defendant Walker's negligent, careless, and reckless operation of Defendant Durham's bus caused Plaintif Monique Caperton severe mental anguish, psychological injury, and emotional distress that hi caused and wil cause her to incur futher signicant medical and other expenses for both herself and her minor son, Paint Curtez Poole, and she has been deprived of the invaluable services of her minor son, 21. Defendant Walkers negligent, careless, and reckless operation of Defendant Durham's bus caused Piainitf Cuts Poole severe mental anguish, psychological injury, and emotional distress thet has caused and wil cause him to incur futher signieant medical and other expenses for both himself and his minor son, Planif Curtez Poole, and he has been deprived of the invaluable services of his minor son, 22. Defendant Walker's conduct described in peragraphs 10, 17, and 18 above was reckless, Defendant Waker was aware of but consciously disregarded the risks associated wih his conduct and the nature ofthat disregard conalitules a gross deviation from the standard of care that an ordinary person would have exercised under a ofthe creumstances. Accordingly, Defendant Walker's reckess inference tothe care and wel-being of his student passengers justifies a separate award of punitive damages agsinst him, pursuant to Tennessee Code ‘Annotated § 28-39-104 and Hodges v. &.C. Toof and Company, 833 S.W.2d 896 (Tenn.1902).. COUNT! -Durham 23. Plaintifs repeat the factual allegations of paragraphe 1 through 15, 24, Defendant Durham owns the school bus Defendant Walker was driving at the time of the crash. Accordingly, pursuant to Tennessee Code Annotated §§ 65-10-311 and 55- 10-312, Defendant Walker was operating the bus with Defendant Durham's authority, consent, ‘and knowledge, and for its use and benefit within the course and scope of Defendant Walker's ‘employment. Defendant Durham also knew or should have known that Defendant Walker was ‘an incompetent or reckless river. Therefore, Defendant Walker's negligence is imputed to Defendant Durham, and Defendant Durham is lable for all of Plaintife injuries and damaged Caused by Defendant Walker due to its negligent enrustment ofthe bus to him, 25. Independent of Defendant Walker's negligence, Defendant Ourham negligently failed to establish and to enforce policies and procedures to ensure that ts schoo! bus operators ‘were property hired, trained, supervised, Investigated, and dleciplined. 28. Independent of Defendant Walker's negligence, Defendant Durham negligently failed to propery hire, tran, supervise, investigate, and discipline Defendant Walker when it had knowledge of Defendant Walkers prior negligent, careless, and reckless operation of ts school bus, 28 well as Defendant Walker's indiference to the needs of their student passengers. 27. Independent of Defendant Walker's negligence, Defendant Durham negigently {alled to use that degree of skil and care required of a student transportation company under the circumstances that exsted atthe time ofthe crash, 28. As a direct result of Defendant Durham's negligence as set forth above, Plintif Curtez Poole sustained significant and permanent personal injuries, pain and suffering, and ‘severe psychological injury. He has Incurred and will incur considerable medical and other ‘expenses as a result ofthis crash, well as diminished eaming capaciy. 29. As a direct resut of Defendant Durham's negligence as set fort above, Paint Monique Caperton sustained severe mental anguish, psychological injury, and emotional distress that has caused and wil cause her to incur futher signfcant medical end other expenses for both herself and her minor son, Pant Cutez Poole, and she has been deprived ofthe invaluable services of her minor son. 30. As adrect result of Defendant Durham's negligence set forth above, Plant Curtis Poole sustained severe mental anguish, psychological injury, and emotional distress that has caused and will cause him to incur further significant medical and other expenses for both himself and his minor son, Plant Curtez Poole, and he has been deprived ofthe invaluable ‘services of his minor son. 31, Defendant Durham's continued employment and utiization of Defendant Walker with knowledge of Defendant Walkers driving record, operational conduct, and indifference to student passengers constitutes a reckless disregard for the well-being of the student ‘passengers and a gross deviation from the standard of care that an ordinary person would have ‘exercised under all ofthe circumstances. Such reckless inference to what it knew or should have known about Defendant Walker's driving ski 1 conduct as its employee or agent, and the harm that reckless indifference caused fo Pini, necessitates and justifies the imposition of punitive damages against it pursuant to Tennessee Code Annotated § 29-90-104 and Horiges ¥. S.C. Too and Company, 833 8.W.2d 896 (Tenn. 1892). ‘COUNT It - Declaratory Judgment 32, Plalntts repeat the factual legatons of paragraphs 1 trough 15 33, Plaintit Curtez Poole, a Syearold boy, suffered permanent and debating personal injures when Defendants caused this bus crash. Pani Curtez Poole eufered serious psychological and emtional nurs in that rash when he was forced oie trapped and Bleeding in the bus for most 2 hour while surounded by fiends and classmates who were sir injure or ied. 34, The Tennessee Consttuton in Article 1, § 6, entitled “ial by jury jurors, sates “That the right of tral by Jury shall remain Invlolate, and ne religous oF poltical test shall fever be required es @ qualification for jurors” (Emphasis adéed), The Tennessee General ‘Assembly, however, has viloted Pits right to a jury tal by arbraly determining in Tennessee Code Annotated § 29-38-102 that Paints’ pain and suffering, or ‘non-economic

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