IN THE CIRCUIT COURT FOR HAMILTON. COUNTY, TENNESSE iT FEB -6 AM 8 LARRY L. HENRY. CLERK Wanda Linger, James Gray, Plaintiff, Ds No. 172230 v. Jury Demand DURHAM SCHOOL SERVICES, L.P and VICTORIA APPLEBERRY, individually and as an employee and/or agent of Durham School Services, L.P. Defendant. COMP. COME NOW the Plaintiffs, Wanda Linger (herein “Plaintiff” and/or “Ms. Linger”) and James Gray (herein “Plaintiff” and/or “Mr. Gray”), together (herein known collectively as “Plaintiffs”), and for their complaint against Victoria Appleberry, individually and as an employee and/or agent of Durham School Services, L.P., and Durham School Services, to state as follows: 1. The Plaintiff is a resident of Hixson, Tennessee. 2. Upon information and belief, Defendant Durham School Servic (Durham) is a Delaware Corporation with its principle place of business at2 1431 Opus Place, Suite 200, Downers Grove, Illinois, 60515. Defendant is licensed to do business in Tennessee. . The claims for relief of the Plaintiffs, Ms. Linger and Mr. Gray, arise from a vehicular collision which occurred in East Ridge, Tennessee. Venue is proper for this Court. COUNT 1-NEGLIGENCE OF DRIVER . Plaintiffs hereby incorporate paragraphs 1-3 as if fully restated herein. On or about February 11, 2016, Plaintiff Ms. Linger, was driving a 2010 Toyota Sedan, an automobile that she owned, in a northward direction on Fike Drive, East Ridge, Tennessee and Mr. Gray was the passenger in the same vehicle. . Plaintiff, Ms. Linger. was in the proper lane, proceeding in a safe, prudent and lawful manner through the intersection of S. Moore Road and Fike Drive. . On the same day, at approximately the same time, and traveling west on S. Moore Road, Defendant was operating a school bus, an automobile, which upon information and belief, was owned by Durham. . As Ms. Linger vehicle lawfully approached the point where $. Moore Road crossed her path on Fike Drive, Defendant Appleberry, approached the stopsign but negligently and recklessly failed to yield the right-of-way at the intersection. 9. The Defendant's reckless disregard toward the of the road and her failure to lawfully obey traffic for traffic signs and rules of the road, resulted in a violent collision with Ms. Linger’s vehicle, striking the passenger side of the school bus, driven by Defendant Appleberry. 10. Plaintiffs, Ms. Linger, the driver of her vehicle, and Mr. Gray, the passenger in said vehicle, suffered numerous injuries as a direct and proximate result of the collision. The injuries, caused by the negligent, reckless, wanton, and unlawful conduct of the Defendant Appleberry, have required professional medical care. 11. Plaintiffs, have suffered great pain and ongoing discomfort as a result of the collision. Additionally, the force of the impact totaled Ms. Linger’s vehicle, necessitating a new vehicle. 12. The negligent, reckless, wanton and unlawful driving of Defendant Appleberry, was a direct and proximate cause of the collision and the injuries suffered by the Plaintifis, Ms. Linger and Mr. Gray. 13. Defendant Appleberry was negligent in the operation the school bus in the following particulars, among others:a. Defendant Appleberry, saw, or by the exercise of reasonable care inger, but failed and should have seen, the vehicle driven by Ms. neglected to yield and keep a proper lookout ahead; b. Defendant Appleberry, failed to yield the right-of-way to the vehicle driven by the Plaintiff; c. Defendant Appleberry, attempted to cross Plaintiff's lane of traffic when she should have seen, in the exercise of reasonable care, that it was not safe to do so, and; e |. Defendant Appleberry, otherwise failed to use due and reasonable care in the driving of her vehicle, so as to avoid injury to other persons using the roadway. COUNT TWO- NEGLIGENCE PER SE 14. Plaintiffs hereby incorporate paragraphs 1-13 as if fully restated herein. 15. In addition to the aforementioned acts of negligence, Defendant was negligent per se in that she; a. Defendant Appleberry, failed to heed or obey traffic control laws, in violation of T.C.A § 55-8-130, and: b. Defendant Appleberry, failed to exercise due care in violation of T.C.A § 55-8-136.COUNT THREE- VICARIOUS LIABILITY 16. Plaintiffs hereby incorporate paragraphs 1-15 as if fully restated herein. 17, Defendant Appleberry acted as an agent of Defendant Durham Services, . thereby making Defendant Durham Services vicariously liable for the conduct of Defendant Appleberry. 18. Defendant Durham Services was the owner of the vehicle driven by Defendant Appleberry at the time of the aforementioned accident. 19. Pursuant to T.C.A § 50-10-31, the vehicle was being operated by Defendant Appleberry with the authority, consent and knowledge of the owners and for the use and benefit of the owner. Therefore, the negligence of Defendant Appleberry is imputed to Defendant Durham Services and Defendant Durham Services is liable for all the Plaintiff's injuries and damages caused by Defendant Appleberry. WHEREFORE, the Plaintiffs DEMAND the following: 1. That proper process issue and be served upon the Defendants, and that Defendants be required to appear and answer this Complaint within the time required by law. 2. That Plaintiffs, Ms. Linger and Mr. Gray, be awarded a judgement against the Defendants, in an amount determined by the jury 3. That the cost of this action be awarded to Plaintiffs, by Defendants.4, Such further and other general relief to which Plaintiffs may be entitled. 5. A jury of twelve persons be struck to try this case. Refpectfully Submitted: p 6111 Shallowford Road, Suite 105 C Chattanooga, TN 37421 423-510-0410 telephone 423-510-1395 fax ensign@ensignlegal.com