Professional Documents
Culture Documents
ELECTRONICALLY FILED
11/28/2018 3:42 PM
11-CV-2018-900688.00
CIRCUIT COURT OF
CALHOUN COUNTY, ALABAMA
KIM MCCARSON, CLERK
IN THE CIRCUIT COURT OF CALHOUN COUNTY, ALABAMA
the occurrence made the basis of this lawsuit; No. 16 whether singular or plural, that entity
or those entities who or which issued any policy of insurance which provided coverage for
Plaintiffs or Defendants on the occasion made the basis of this lawsuit (including, but not
limited to, uninsured motorist coverage, excess or umbrella coverage, etc.); No. 17, whether
singular or plural, that entity or those entities who or which provided any insurance coverage
for any of the motor vehicles involved in the occurrence made the basis of this lawsuit, for
the driver of each respective motor vehicle or for any of the named fictitious parties
defendant listed or described herein; No. 18, whether singular or plural, that entity or those
entities other than those entities described above whose breach of contract or warranty
contributed to cause the occurrence made the basis of this lawsuit; No. 19, whether singular
or plural, that entity or those entities other than those entities described above, which is the
successor in interests of any of those entities described above; No. 20, whether singular or
plural, that entity or those entities other than those entities described above, which was the
predecessor corporation of any of the entities described above; No. 21, whether singular or
plural, that individual or those individuals, that entity or those entities who was or were
responsible for training, supervising, hiring or monitoring drivers for the Defendant driver;
and No. 22, whether singular or plural, that entity or those entities, that individual or those
individuals, described above whose negligence, wantonness, recklessness, breach of contract,
fraud, or other wrongful conduct contributed to cause the occurrence made the basis of this
lawsuit. Plaintiffs aver that the identities of the fictitious parties Defendants is otherwise
unknown to Plaintiffs at this time, or if their names are known to Plaintiffs at this time, their
identities as proper parties defendant is not known to Plaintiffs at this time notwithstanding
a diligent search and investigation, but their true names will be substituted by amendment
when ascertained; )
)
Defendants. )
COMPLAINT
1. Plaintiff, George Nance (known hereafter as “Plaintiff” or “George Nance”), is over the
age of nineteen (19) years, and resided in Madison County, Alabama at the time of the
2. Plaintiff, Hassie Nance (known hereafter as “Plaintiff” or “Hassie Nance”), is over the age
of nineteen (19) years, and resided in Madison County, Alabama at the time of the accident
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DOCUMENT 2
3. Defendant Teague VIP Express, LLC (hereafter “Teague VIP”) is a corporation with its
principal office in Anniston, Alabama. Upon information and belief, Teague does business
4. Defendant Robin S. Vines (hereafter “Vines”) is an individual, who upon information and
belief is an adult over the age of nineteen (19) that is a resident of Anniston, Alabama.
Defendant Vines was operating a Teague VIP commercial bus in DeSoto County,
5. Fictitious Party Defendants 1-22 are unknown at this time, but will be substituted when
ascertained. Hereafter, the term "Defendants" includes those named Defendants and those
Fictitious Party Defendants 1-22. It is Plaintiffs’ intent to state each and every cause of
6. Venue is proper in this Court as the Defendants reside in Calhoun County, Alabama, and
STATEMENT OF FACTS
7. On or about November 14, 2018, at 12:35 pm, in DeSoto County, Mississippi, George and
Hassie Nance were riding in a commercial bus driven by Defendant Vines, and owned by
8. Teague VIP operates commercial buses, and was hauling passengers from Huntsville,
9. At approximately 12:35 pm that day, the bus driven by Vines, an agent and employee of
Teague VIP, an Alabama-based commercial carrier, improperly and in violation of the law
was operating too fast for weather conditions and did lose control and overturn.
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DOCUMENT 2
10. Said conduct by Vines and Teague VIP caused Plaintiffs to be seriously and significantly
injured.
11. Some forty (40) other individuals were also on the bus at the time of the accident and upon
COUNT I
(NEGLIGENCE/WANTONNESS)
12. Plaintiffs adopt and incorporate by reference all allegations of the preceding paragraphs
herein.
13. At the aforesaid time and place, and for some time prior thereto, Defendant Vines,
including Fictitious Party Defendants 1-22, was operating a commercial bus in the line and
scope of her employment with Teague VIP, and did operate such vehicle in violation of the
law, in violation of the Alabama Rules of the Road, and below the applicable standard of
14. At the aforesaid time and place, and for some time prior thereto, Defendant Teague VIP,
including Fictitious Party Defendants 1-22, was negligent/wanton in its own right as
follows:
a. Was operating a commercial bus with a driver that was untrained and incapable of
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DOCUMENT 2
WHEREFORE, Plaintiffs demand judgment against all defendants jointly and severally,
including fictitious party defendants, in a sum of compensatory and/or punitive damages in excess
of the jurisdictional limits of this Court, to be determined by a jury, which will fairly and
adequately compensate Plaintiffs for the above described damages and injuries, together with
interest from the date of the incident and the costs of the proceeding.
COUNT II
(NEGLIGENT/WANTON ENTRUSTMENT)
16. Plaintiffs adopt and incorporate by reference all allegations of the preceding paragraphs
herein.
17. Defendant Teague VIP and Fictitious Party Defendants 1-22, negligently and/or wantonly
entrusted or loaned the operation of its commercial bus to Defendant Vines, and Fictitious
Party Defendants 1-22, after having notice that such driver was incompetent, not fully
licensed and/or incapable to operate the vehicle safely and consistent with the laws of this
WHEREFORE, Plaintiffs demand judgment against all defendants jointly and severally,
including fictitious party defendants, in a sum of compensatory and/or punitive damages in excess
of the jurisdictional limits of this Court, to be determined by a jury, which will fairly and
adequately compensate Plaintiffs for the above described damages and injuries, together with
interest from the date of the incident and the costs of the proceeding.
COUNT III
(NEGLIGENT/WANTON HIRING, TRAINING AND SUPERVISION)
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DOCUMENT 2
19. Plaintiffs adopt and incorporate by reference all allegations of the preceding paragraphs
herein.
20. Defendant Teague VIP, and Fictitious Party Defendants 1-22, negligently and/or wantonly
failed to properly hire, supervise and/or train Defendant Vines, and Fictitious Party
in maintaining a proper lane, and generally on the operation and speed of the subject
21. Defendant Teague VIP, and Fictitious Party Defendants 1-22, additionally negligently
and/or wantonly failed to properly interview, screen, hire or retain drivers that understood
or followed the applicable Federal and State laws, or the Alabama rules of the Road,
WHEREFORE, Plaintiffs demand judgment against all defendants jointly and severally,
including fictitious party defendants, in a sum of compensatory and/or punitive damages in excess
of the jurisdictional limits of this Court, to be determined by a jury, which will fairly and
adequately compensate Plaintiffs for the above described damages and injuries, together with
interest from the date of the incident and the costs of the proceeding.
COUNT IV
(VICARIOUS LIABILITY)
23. Plaintiffs adopt and incorporate by reference all allegations of the preceding paragraphs
herein.
24. Defendant Teague VIP served as the employer and/or master of Defendant Vines, and
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DOCUMENT 2
25. Defendant Vines, and Fictitious Party Defendants 1-22, was in the line and scope of
employment with Teague VIP on November 14, 2018 at or around 12:35 pm on the roads
of DeSoto County, Mississippi. Defendant Vines was acting for the benefit of, on behalf
of, and at the direction and control of, Defendant Teague VIP and Fictitious Party
Defendants 1-22 at the time of the accident made the basis of this lawsuit.
26. Defendant Teague VIP is vicariously liable for the acts of Defendant Vines and Fictitious
Party Defendants 1-22 at the time of the accident made the basis of this lawsuit.
WHEREFORE, Plaintiffs demand judgment against all defendants jointly and severally,
including fictitious party defendants, in a sum of compensatory and/or punitive damages in excess
of the jurisdictional limits of this Court, to be determined by a jury, which will fairly and
adequately compensate Plaintiffs for the above described damages and injuries, together with
interest from the date of the incident and the costs of the proceeding.
JURY DEMAND
Plaintiffs request a trial by struck jury on all issues and counts allowable by law in this
case.
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DOCUMENT 2
ROBIN S. VINES