Superior And/or Agency And/or Under Any
Superior And/or Agency And/or Under Any
Superior And/or Agency And/or Under Any
______________________________________________________________________________
COMPLAINT
______________________________________________________________________________
1. The Plaintiff, Breana F. Stewart is a minor child, three (3) years of age, and at the
time of this complaint resided at 15241 Shipp Road, Bay Minette, Alabama She is represented in this
2. The Plaintiff, Celena L. Sprinkle, at all times regarding the allegations of this
complaint resided at 15241 Shipp Road, Bay Minette, Alabama. She is the mother of Breana and
3. The Plaintiff, Tracey Lee Stewart, at all times regarding the allegations of this
Corporation.
Lumpkin Road, Mobile, Alabama at the time these causes of action arose.
partnership, corporation, or other legal entity which employed or had a contractual relationship with
Defendant, Joe Edward Johnson, whose identity is unknown at this time but will be added by
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8. Defendant, Fictitious Party B, being that person, firm, sole proprietorship, partnership,
corporation, or other legal entity which has an ownership interest in R. D. Construction, Inc. and/or
Colonel McCrary Trucking, LLC, whose identity is unknown at this time but will be added by
partnership, corporation, or other legal entity that has a contractual relationship or business
relationship or business agreement with R. D. Construction, Inc. and Colonel McCrary Trucking,
LLC to perform various work for the Army Corps of Engineers, whose identity is unknown at this
10. Defendant, Fictitious Party D, being that person, firm, sole proprietorship,
partnership, corporation, or other legal entity that is legally responsible or could be legally
responsible under respondeat superior and/or agency and/or under any type of contractual
relationship and/or under Alabama law for the actions of Joe Edward Johnson on July 11, 2007,
whose identity is unknown at this time but will be added by amendment when ascertained.
11. Plaintiff, Celena L. Sprinkle, is the mother of Breana F. Stewart, a minor, three years
old. Plaintiff, Tracey Lee Stewart is the sister of Celena L. Sprinkle and the aunt of Breana F.
Stewart.
12. On July 11, 2007, (Wednesday) at approximately 3:26 p.m. Tracey Lee Stewart was
driving, Celena L. Sprinkle was sitting in the front seat on the passenger side and Breana F. Stewart
was sitting in the back seat behind the driver in a 2003 Mini-Cooper. They were on their way home
from picking up lunch at Taco Bell traveling east on Highway 59 in Baldwin County, Alabama as
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they approached the intersection of Highway 287. Ms. Stewart had a green light and was going
through the intersection within the speed limit when she was hit by the Defendant Joe Edward
Johnson, driving a green, 1999 Ford Ranger pick-up truck. He was headed north on Highway 287.
The Plaintiffs were impacted in the right, front door. Defendant Johnson caused the wreck by
running a red light at the intersection. The pick-up truck was owned by the Defendant R. D.
Construction, Inc. who employed the Defendant Joe Edward Johnson and on whose behalf Joe
13. The impact caused considerable damage to Ms. Stewart’s Mini-Cooper and caused
all three occupants to suffer injuries as a result of the wreck. Ms. Stewart’s injuries consisted of
multiple bruises and abrasions. Ms. Sprinkle suffered serious injuries to her body and a severe head
injury which, at this time is believed to be permanent. Breana F. Stewart suffered a severe spinal
cord injury and is paralyzed from her neck down which, at this time, appears to be permanent.
14. The Defendant, Joe Edward Johnson, was driving on behalf of the Defendants, R. D.
Construction, Inc., Colonel McCrary Trucking, LLC, and Fictitious Party Defendants, A, B, C and
D. He was driving the truck with the permission of his supervisor/superintendent/boss and within
the line and scope of his employment or the trip benefitted the defendants including Fictitious Party
Defendants A, B, C and D. Defendant Johnson had been given the truck to travel to Bay Minette,
Alabama to pay a criminal fine at the Baldwin County Courthouse. Defendant Johnson was on his
way back to work from paying the fine when this wreck occurred. The superintendent had given
Defendant Johnson the money to pay the fine as well as permission to use the truck.
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15. The Defendants, R. D. Construction, Inc. and Colonel McCrary Trucking, LLC, and
Fictitious Party Defendants, A, B, C and D are responsible for the actions of Defendant Johnson
either directly and/or under the theory of respondeat superior, Mr. Johnson was acting as their agent,
representative, servant and/or employee. These Defendants R. D. Construction, Inc. and Colonel
McCrary Trucking, LLC and Fictitious Party Defendants A-D are also liable directly for negligent
COUNT I
16. The Plaintiffs reallege all allegations contained heretofore in the complaint.
17. The Defendants Joe Edward Johnson, R. D. Construction, Inc., Colonel McCrary
Trucking, LLC and Fictitious Party Defendants A, B, C and D were negligent and/or wanton in
causing the wreck at the intersection of Highway 59 and Highway 287 on July 11, 2007.
18. The Defendants violated various Alabama Rules of the Road including, but not
limited to, running the red light which caused the collision.
19. As a result of the collision the Plaintiffs suffered various injuries, some of which are
(a) Celena L. Sprinkle, suffered serious injuries to the body and a severe head
injury believed at this time to be permanent;
(b) Breana F. Stewart, three (3) years old, suffered a severe spinal cord injury and
is paralyzed from her neck down;
All of the Plaintiffs suffered severe emotional distress, mental anguish, pain and suffering.
The Plaintiffs have incurred medical bills which have not been totally calculated at the filing of this
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complaint but will be calculated in the future once treatment is concluded. Further, any future
medical costs, costs of assisted living facilities, cost of nurses or medical attendants, home care
givers, home care costs, lost wages past and future, any permanent disability and any modified living
Celena L. Sprinkle, as mother and next friend of Breana F. Stewart, a minor, and Tracey Lee Stewart,
an individual, demand judgment against the Defendants, Joe Edward Johnson, R. D. Construction,
Inc., Colonel McCrary Trucking, LLC and Fictitious Party Defendants, A, B, C and D for both
COUNT II
20. The Plaintiffs reallege all allegations contained heretofore in the complaint.
21. The Defendants, R. D. Construction, Inc. and Colonel McCrary Trucking, LLC and
Fictitious Party Defendants, A, B, C and D negligently and/or wantonly hired Joe Edward Johnson
without doing a legal and appropriate criminal and driving history background check on Mr. Johnson
22. As a result of the negligence and/or wantonness of the defendants mentioned above,
Joe Edward Johnson negligently and/or wantonly operated a motorized vehicle, i.e., a green, 1999
Ford Ranger, pick-up truck, owned by R. D. Construction, Inc. and Colonel McCrary Trucking, LLC,
23. As a result of the wreck the Plaintiffs suffered the following injuries which include,
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(a) Celena L. Sprinkle, has suffered serious injuries to the body and a severe
head injury believed at this time to be permanent;
(b) Breana F. Stewart, three (3) years old, suffered a severe spinal cord injury and
is paralyzed from her neck down;
All of the Plaintiffs suffered severe emotional distress, mental anguish, pain and suffering.
The Plaintiffs have incurred medical bills which have not been totally calculated at the filing of this
complaint but will be calculated in the future once treatment is concluded. Further, any future
medical costs, costs of assisted living facilities, cost of nurses or medical attendants, home care
givers, home care costs, lost wages past and future, any permanent disability and any modified living
Celena L. Sprinkle, as mother and next friend of Breana F. Stewart, a minor, and Tracey Lee Stewart,
an individual, demand judgment against the Defendants, R. D. Construction, Inc., Colonel McCrary
Trucking, LLC and Fictitious Party Defendants A, B, C and D for compensatory and punitive
COUNT III
24. The Plaintiffs reallege all allegations contained heretofore in the complaint.
25. The Defendants R.D. Construction, Inc., Colonel McCrary Trucking, LLC and
Fictitious Party Defendants A, B, C and D negligently and/or wantonly trained Defendant Joe
Edward Johnson at the time of hiring, after he was hired and, during his employment. This negligent
and/or wanton training prevented him from being properly qualified or capable of driving a
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motorized vehicle on the public roads of Alabama which led to the cause of the wreck on July 11,
2007 and the serious physical injuries suffered by the Plaintiffs which include but are not limited to
the following:
(a) Celena L. Sprinkle, has suffered serious injuries to the body and a severe
head injury believed at this time to be permanent;
(b) Breana F. Stewart, three (3) years old, suffered a severe spinal cord injury and
is paralyzed from her neck down;
All of the Plaintiffs suffered severe emotional distress, mental anguish, pain and suffering.
The Plaintiffs have incurred medical bills which have not been totally calculated at the filing of this
complaint but will be calculated in the future once treatment is concluded. Further, any future
medical costs, costs of assisted living facilities, cost of nurses or medical attendants, home care
givers, home care costs, lost wages past and future, any permanent disability and any modified living
Celena L. Sprinkle, as mother and next friend of Breana F. Stewart, a minor, and Tracey Lee Stewart,
an individual, demand judgment against the Defendants, R. D. Construction, Inc., Colonel McCrary
Trucking, LLC and Fictitious Party Defendants A, B, C and D for compensatory and punitive
COUNT IV
26. The Plaintiffs reallege all allegations contained heretofore in the complaint.
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27. The Defendants R.D. Construction, Inc., Colonel McCrary Trucking, LLC and
Fictitious Party Defendants A, B, C and D negligently and/or wantonly supervised Defendant Joe
Edward Johnson. This negligent and/or wanton supervision led to his being unqualified to drive a
motorized vehicle on public roads of Alabama and lack of supervision caused the wreck on July 11,
2007 and resulting in serious physical injuries to the Plaintiffs which include but are not limited to
the following:
(a) Celena L. Sprinkle, has suffered serious injuries to the body and a severe
head injury believed at this time to be permanent;
(b) Breana F. Stewart, three (3) years old, suffered a severe spinal cord injury and
is paralyzed from her neck down;
All of the Plaintiffs suffered severe emotional distress, mental anguish, pain and suffering.
The Plaintiffs have incurred medical bills which have not been totally calculated at the filing of this
complaint but will be calculated in the future once treatment is concluded. Further, any future
medical costs, costs of assisted living facilities, cost of nurses or medical attendants, home care
givers, home care costs, lost wages past and future, any permanent disability and any modified living
Celena L. Sprinkle, as mother and next friend of Breana F. Stewart, a minor, and Tracey Lee Stewart,
an individual, demand judgment against the Defendants, R. D. Construction, Inc., Colonel McCrary
Trucking, LLC and Fictitious Party Defendants A, B, C and D for compensatory and punitive
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COUNT V
Negligent/Wanton Entrustment
28. The Plaintiffs reallege all allegations contained heretofore in the complaint.
29. The Defendants, R. D. Construction, Inc., Colonel McCrary Trucking, LLC and
Fictitious Party Defendants A, B, C and D provided the pick-up truck to Defendant Joe Edward
Johnson on July 11, 2007. At the time Mr. Johnson was given permission and allowed to use the
pick-up truck, Mr. Johnson was unqualified and/or incompetent. The Defendants mentioned above
knew or should have known, prior to giving Mr. Johnson permission and allowed to drive the truck,
that Mr. Johnson was incompetent to drive a motor vehicle on Alabama roads. The Defendants
negligently and wantonly entrusted the pick-up truck to Johnson, an incompetent driver. As a result
of permitting Defendant Johnson to drive the truck, he negligently and/or wantonly caused a wreck
by running a red light and violated other rules of the road which caused the Plaintiffs to suffer the
following injuries which include but are not limited to the following:
(a) Celena L. Sprinkle, has suffered serious injuries to the body and a severe
head injury believed at this time to be permanent;
(b) Breana F. Stewart, three (3) years old, suffered a severe spinal cord injury and
is paralyzed from her neck down;
All of the Plaintiffs suffered severe emotional distress, mental anguish, pain and suffering.
The Plaintiffs have incurred medical bills which have not been totally calculated at the filing of this
complaint but will be calculated in the future once treatment is concluded. Further, any future
medical costs, costs of assisted living facilities, cost of nurses or medical attendants, home care
givers, home care costs, lost wages past and future, any permanent disability and any modified living
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Celena L. Sprinkle, as mother and next friend of Breana F. Stewart, a minor, and Tracey Lee Stewart,
an individual, demand judgment against the Defendants, R. D. Construction, Inc., Colonel McCrary
Trucking, LLC and Fictitious Party Defendants A, B, C and D for compensatory and punitive
/S/CLAY HORNSBY
___________________________________
CLAY HORNSBY (HOR021)
Attorney for Plaintiffs
OF COUNSEL:
WILLIAM G. HARRIS
Attorney At Law
P.O. Box 1175
2005 South Broad Avenue
Lanett, Alabama 36863
(334) 642-1427 (Telephone)
(334) 642-1800 (Facsimile)
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