Copy EFILED 11/04/20 05:05 PM CASE NO. 20C2449 Richard R.

Rooker, Clerk

IN THE CIRCUIT COURT OF DAVIDSON COUNTY, TENNESSEE

SHAWN SCRUGGS, deceased b/n/f,

LIAM ABLE SCRUGGS, a minor
b/n/f ANNALISE RITTER, his
mother,

Plaintiffs, No.
Vs. JURY DEMAND
APEX LOGISTICS & FREIGHT
COMPANY INC and DESMOND LEWIS,

Defendants.

COMPLAINT

Your Plaintiffs, for cause of action against the Defendants, would respectfully show unto
this Honorable Court the following:

JURISDICTION and VENUE

1. Plaintiff, LIAM ABLE SCRUGGS, a minor b/n/f ANNALISE RITTER, are
residents of Davidson County, Tennessee and are the appropriate persons to bring this action for
Plaintiff, SHAWN SCRUGGS, wrongful death as the minor child, LIAM ABLE
SCRUGGS, is a child and next of kin of Plaintiff, SHAWN SCRUGGS.
2. This action is brought on behalf of the Plaintiffs and for the use and benefit
of all other beneficiaries, if any, as defined under Tennessee law.
3. SHAWN SCRUGGS, suffered traumatic injuries on October 25, 2020 and died as
a result of the injuries he suffered.
4. Based upon information and belief, Defendant, DESMOND LEWIS, is a citizen
and resident of Louisiana, and submits himself to the jurisdiction and venue of this court by
virtue ofhaving operated a motor vehicle in the county complained of herein.
5. Based upon information and belief, Defendant, APEX LOGISTICS &
FREIGHT COMPANY INC, is a Texas corporation doing business in the State of
Tennessee. Defendant, APEX LOGISTICS & FREIGHT COMPANY INC
Copy EFILED 11/04/20 05:05 PM CASE NO. 20C2449 Richard R. Rooker, Clerk

can be served through its registered agent: Samuel Dawn, 12235 Gemma Lane, Houston, TX

77044 USA.

6. Defendant, APEX LOGISTICS & FREIGHT COMPANY INC, is subject to

the jurisdiction and venue of this court by being an owner of the vehicle operated by

Defendant, DESMOND LEWIS.

7. Defendant, DESMOND LEWIS, was an employee or agent of Defendant,

APEX LOGISTICS & FREIGHT COMPANY INC, at all relevant times.

8. Based upon information and belief, Defendant, DESMOND LEWIS, was at all

relevant times an authorized agent and/or representative of Defendant, APEX LOGISTICS &

FREIGHT COMPANY INC, doing the business of Defendant, APEX LOGISTICS &

FREIGHT COMPANY INC, and in the course and scope of employment with Defendant,

APEX LOGISTICS & FREIGHT COMPANY INC. Wherefore, Defendant, APEX LOGISTICS

& FREIGHT COMPANY INC, is and should be held liable for the negligent acts and omissions

of Defendant, DESMOND LEWIS, as alleged herein.

9. At all times relevant hereto Defendant, APEX LOGISTICS & FREIGHT

COMPANY INC, was acting by and through its employees/agents and is responsible for the

acts of those employees and agents pursuant to respondent superior , agency or similar theory of

law.

2
 OCCURRENCE GIVING RISE TO ACTION

10. On October 25, 2020, at approximately 7:00 pm, a collision occurred on

Interstate 65/ Dickerson Pike, in Nashville, Davidson County, Tennessee, between a 2008 Chevy

Blazer operated by Plaintiff, SHAWN SCRUGGS, and a tractor-trailer operated by Defendant,

DESMOND LEWIS and owned by Defendant, APEX LOGISTICS & FREIGHT COMPANY
INC.

11. At said date, time, and place, Plaintiff, SHAWN SCRUGGS, was traveling on I-

65. Upon information and belief, the tractor-trailer operated by Defendant, DESMOND

LEWIS, had stalled and/or experienced a mechanical malfunction on I-65 North near Dickerson

Pike at which time the Plaintiff, SHAWN SCRUGGS, vehicle struck the rear of the tractor-

trailer. The vehicle operated by Plaintiff, SHAWN SCRUGGS, burst into flames.

12. Plaintiff, SHAWN SCRUGGS, died as a result of this incident.

ALLEGATIONS OF NEGLIGENCE

13. Defendant, DESMOND LEWIS, was then and there negligent in that he was

driving in a reckless manner; failed to properly warn traffic goers and failed to keep vehicle

under due and reasonable control without regard for the safety of the public in general, and

your Plaintiff in particular.

14. Defendant, DESMOND LEWIS, was further guilty of negligence 12§: se in that

he violated the following statutes of the Tennessee Code Annotated:

§55-10-205. Reckless Driving. --(a) Any person who drives any vehicle in willful or
wanton disregard for the safety of persons or property is guilty of reckless driving.

§55-8-136. Drivers to exercise due care...(b) Notwithstanding any speed limit or zone
in effect at the time, or right of way rules that may be applicable, every driver of a motor
vehicle shall exercise due care to avoid colliding with another motor vehicle, either being
driven or legally parked, upon any roadway, or any road sign, guard rail or any fixed
object legally placed within or beside the roadway right of way, by operating such motor
vehicle under proper control and by devoting full time and attention to operating such
motor vehicle, under the existing circumstances to avoid endangering life, limb or
property.
 15. At said date, time and place, Defendant, DESMOND LEWIS, violated

Tennessee Code Annotated §55-10-205, and §55-8-136.

16. Defendant, DESMOND LEWIS, was further guilty of negligence per se in that

he violated one or more sections of the Federal Motor Carrier Safety Regulations ("FMCSR"),

which can be found at 49 C.F.R. sections 301 to 399 to wit:

§392.22 (b) Emergency signals; stopped commercial motor vehicles:

(b) Placement of warning devices--( I) General rule. Except as provided in paragraph

(b)(2) of this section, whenever a commercial motor vehicle is stopped upon the
traveled portion or the shoulder of a highway for any cause other than necessary traffic
stops, the driver shall, as soon as possible, but in any event within 10 minutes, place the
warning devices required by §393.95 of this subchapter, in the following manner:

(I) One on the traffic side of and 4 paces (approximately 3 meters or 10 feet) from
the stopped commercial motor vehicle in the direction of approaching traffic;

(ii) One at 40 paces (approximately 30 meters or 100 feet) from the stopped
commercial motor vehicle in the center of the traffic lane or shoulder occupied by the
commercial motor vehicle and in the direction of approaching traffic; and

(iii) One at 40 paces (approximately 30 meters or 100 feet) from the stopped
commercial motor vehicle in the center of the traffic lane or shoulder occupied by the
commercial motor vehicle and in the direction away from approaching traffic.

17. Defendant, APEX LOGISTICS & FREIGHT COMPANY INC, was further guilty

of negligence per se in that it violated one or more sections of the Federal Motor Carrier Safety

Regulations ("FMCSR"), which can be found at 49 C.F.R. sections 301 to 399 either directly or

as adopted by the Tennessee Department of Transportation Safety Rules and Regulations

sections 1340-6-1-20 pursuant to Sections 65-2-102 and 65-15-113 of the Tennessee Code.

18. Upon information and belief, Defendant, APEX LOGISTICS & FREIGHT

COMPANY INC and/or their affiliates under common or overlapping ownership,

management and/or control own the vehicle operated by Defendant, DESMOND LEWIS, at

the time of the accident referenced herein. This Defendant negligently entrusted the vehicle to

a motor carrier and/or operator that it knew or should have known could not be relied upon to

use it safely and failed to properly inspect, maintain and repair the truck while it was in use
thereafter.
 19. Upon information and belief, Defendant, APEX LOGISTICS & FREIGHT

COMPANY INC, their affiliates knew, or in the exercise of reasonable care should have

known, that Defendant, DESMOND LEWIS, to whom the vehicle was entrusted, did not make

reasonable efforts to comply with applicable Federal Motor Carrier Safety Regulations and did

not have management practices in place to properly screen, qualify and supervise their drivers

and/or to safely maintain their equipment during intervals between scheduled maintenance.

20. Defendant, APEX LOGISTICS & FREIGHT COMPANY INC, is responsible

for the negligent acts and/or omissions of Defendant, DESMOND LEWIS, under what is known

as respondeat superior, which makes an employer responsible for the negligence of its

employees, under Tennessee law and under the FMCSRs at 49 C.F.R. section 390.5.

21. Defendant, APEX LOGISTICS & FREIGHT COMPANY INC, was

also negligent in regard to the collision in the following ways:

a. negligently hiring Defendant, DESMOND LEWIS, to drive a

tractor- trailer;

b. negligently training Defendant, DESMOND LEWIS, to drive a

tractor- trailer;

c. negligently retaining Defendant, DESMOND LEWIS, to drive a

tractor- trailer;

d. negligently supervising Defendant, DESMOND LEWIS, to drive a

tractor- trailer;

e. failing to use due care with regard to Defendant, DESMOND LEWIS.

22. Defendant, APEX LOGISTICS & FREIGHT COMPANY INC, is the sole

owner of the tractor trailer being driven by Defendant, DESMOND LEWIS, at all relevant

times listed herein.

23. The negligence of Defendants by violation of the statutes and as set out in the

common law, constituted the proximate cause of the said collision and of the injuries and
damages to your Plaintiffs as set out below. The acts and omissions of wanton, willful, and

demonstrated gross disregard of public safety and the safety of Plaintiff in particular.

DAMAGES

23. As a direct and proximate result of said vehicular accident, Plaintiff

SHAWN SCRUGGS, sustained severe, permanent, painful personal injuries ultimately resulting

in his death.

24. As a direct and proximate result of said vehicular accident, Plaintiff, heirs and

next of kins, including but not limited to: LIAM ABLE SCRUGGS, a minor b/n/f ANNALISE

RITTER in being forced to endure the death of his father, Plaintiff, SHAWN SCRUGGS, has

suffered and shall continue to suffer disturbances and injuries, both emotional and mental,

including anguish, distress, anxiety, grief, and worry, all so extreme in degree as to

significantly impair their ability and inclination to appreciate and enjoy the remaining pleasures

of life.

25. As a direct and proximate result of said vehicular accident, Plaintiff,

Plaintiff, heirs and next of kins, including but not limited to: LIAM ABLE SCRUGGS, a

minor b/n/f ANNALISE RITTER in being forced to endure the death of his father, Plaintiff,

SHAWN SCRUGGS has suffered the loss of services, consortium, and unhindered

companionship of his father, for all of which they deserves to be compensated.

26. As a direct and proximate result of said vehicular accident, Plaintiff, Plaintiff,

heirs and next of kins, including but not limited to: LIAM ABLE SCRUGGS, a minor b/n/f

ANNALISE RITTER, in being forced to endure the death of his father, Plaintiff, SHAWN

SCRUGGS and decedent's estate have incurred funeral expenses, medical expenses, and lost

earning potential on behalf of the Plaintiff, SHAWN SCRUGGS, deceased, for all of which

they deserve to be compensated.

Copy EFILED 11/04/20 05:05 PM CASE NO. 20C2449 Richard R. Rooker, Clerk

WHEREFORE, PLAINTIFFS PRAY FOR RELIEF AS FOLLOWS:

A) For process to issue and be served upon the Defendants, requiring

Defendants to answer the allegations hereof;
B) For a money judgment in favor of Plaintiffs for all compensatory damages,
losses of consortium damages, wrongful death damages, and survivorship
damages against the Defendant in the amount of Ten Million Dollars
($10,000,000.00);
C) For a jury of twelve to try this cause; and

D) For costs to be taxed to the Defendants.

Respectfully submitted,

BART DURHAM INJURY LAW

��
By:
BLAIR DURHAM, #021453
404 James Robertson Parkway
1712 Parkway Towers
Nashville, Tennessee 3 7219
(615) 242-9000
Attorney for Plaintiffs