IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA ) CASE NO: CV-2014-

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1 ELECTRONICALLY FILED 1/10/ :45 AM 03-CV CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA TIFFANY B. MCCORD, CLERK IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA DAVID LEE MAHONE and SHANIA ) RENEE MAHONE, as dependents and ) heirs of DAVID LEE WHITE, deceased, ) ) Plaintiffs, ) ) -vs- R.R. DAWSON BRIDGE COMPANY, ) LLC, MILLER FORMLESS SYSTEMS, ) A, that person, corporation or other ) legal entity who or which designed, ) manufactured, sold, distributed or ) otherwise placed into the stream of ) commerce the wagon lift which is the ) subject matter of this lawsuit; B, ) that person, corporation or other legal ) entity who or which maintained, serviced ) or inspected the wagon lift which is the ) subject matter of this lawsuit; C, that ) person, corporation or other legal entity ) whose negligence, wantonness or other ) wrongful conduct caused or contributed ) to the wrongful death of David Lee White;) all of said fictitious parties are unknown ) to Plaintiffs at this time but will be ) substituted by amendment when ) ascertained, ) Defendants. ) CASE NO: CV ) COMPLAINT Statement of the Parties 1. Plaintiff David Mahone is over the age of 19 years and is a resident citizen of Montgomery County, Alabama. 2. Plaintiff Shania Mahone is over the age of 19 years and is a resident citizen of Montgomery County, Alabama. 1

2 3. Defendant R.R. Dawson Bridge Company (hereinafter referred to as R.R. Dawson ) is a foreign limited liability company whose principal place of business is 1866 Highway 150, Bessemer, AL 35022, but at all times material was doing business in Montgomery County, Alabama. 4. Defendant Miller Formless Company (hereinafter referred to a Miller Formless ), is believed to be an Illinois company existing under the laws of the State of Illinois, but at all times material was doing business in Montgomery County, Alabama. 5. Fictitious Defendant A is that person, corporation or other legal entity who or which designed, manufactured, sold, distributed or otherwise placed into the stream of commerce the wagon lift which is the subject matter of this lawsuit. 6. Fictitious Defendant B is that person, corporation or other legal entity who or which maintained, serviced or inspected the wagon lift which is the subject matter of this lawsuit. 7. Fictitious Defendant C is that person, corporation or other legal entity whose negligence, wantonness or other wrongful conduct caused or contributed to the wrongful death of David Lee White. Statement of the Facts 8. On or about January 8, 2014, Plaintiffs decedent, David Lee White, was an employee of Defendant R. R. Dawson Bridge Company, LLC in Montgomery, Alabama. 9. On or about January 8, 2014, decedent was working for R.R. Dawson in Montgomery County, Alabama. As part of his duties, he was working on the bridge construction located on Interstate 85 in Montgomery County, Alabama. Decedent was acting within the line and scope of his duties with Defendant R. R. Dawson Bridge Company, LLC. 2

3 10. On or about January 8, 2014, the decedent was working on the bridge in a piece of equipment about 90 feet from the ground, when the equipment failed and fell to the ground, killing the decedent. COUNT ONE (Claim for Wrongful Death by Surviving Dependents) 11. Plaintiffs reallege all allegations contained in paragraphs 1 through 10 as if set out here in full. 12. Plaintiff, David Mahone was the dependent child of David Lee White at the time he was wrongfully killed. 13. Plaintiff, Shania Mahone was the dependent child of David Lee White at the time he was wrongfully killed. 14. Defendant Miller Formless designed, manufactured, distributed, sold or otherwise placed into the stream of commerce the wagon lift machine which is the subject matter of this lawsuit. 15. The wagon lift was in the same design configuration on the day of the incident as it was when it left the hands of Defendant. 16. The wagon lift was defective by design or manufacture in that the machine created an unreasonable risk of harm to those persons who were expected to be using the wagon lift. 17. The wagon lift was being used as intended and in a manner reasonably foreseeable to Defendant Miller Formless. 18. As a proximate consequence of the defective nature of the wagon lift, David Lee White was wrongfully killed. 3

4 WHEREFORE, Plaintiffs David Mahone and Shania Mahone claim such damages to which they may be entitled to for the wrongful death of David Lee White under the applicable laws including the full value of the life of David Lee White and for punitive damages and to such other further relief to which they may be entitled. COUNT TWO (Negligence or Wantonness Causing Wrongful Death) 19. Plaintiffs reallege all allegations contained in paragraphs 1 through 18 as if set out here in full. 20. Defendant Miller Formless negligently or wantonly designed, manufactured and sold the wagon lift. 21. As a proximate consequence of the negligence or wantonness in the design, manufacture and distribution of the subject wagon lift, David Lee White was killed as alleged herein. WHEREFORE, Plaintiffs David Mahone and Shania Mahone claim such damages to which they may be entitled to for the wrongful death of David Lee White under the applicable laws including the full value of the life of David Lee White and for punitive damages and to such other further relief to which they may be entitled. COUNT THREE (Claim for Worker s Compensation) 22. Plaintiffs reallege all allegations contained in paragraphs 1 through 21 as if set out here in full. 23. Decedent, David Lee White, was an employee of Defendant R. R. Dawson. 4

5 24. David Lee White was carrying out his job duties in the course of employment with R. R. Dawson on the day that he was killed. 25. As a proximate consequence of his employment duties, David Lee White received a fatal injury when the wagon lift fell 90 feet to the ground. 26. This claim is brought pursuant to , Code of Alabama and such other laws which may be applicable in the claim for workmen s compensation benefits. WHEREFORE, Plaintiffs David Mahone and Shania Mahone claim such damages to which they may be entitled under the applicable laws and for such other further relief to which they may be entitled plus the costs of this action. /s/ Jere L. Beasley Jere L. Beasley (BEA020) /s/ J. Greg Allen J. Greg Allen (ALL021) /s/ Myron C. Penn Myron C. Penn (PEN020) /s/ L. Shane Seaborn L. Shane Seaborn (SEA027) OF COUNSEL: BEASLEY, ALLEN, CROW, METHVIN, PORTIS AND MILES, P.C. Post Office Box 4160 Montgomery, Alabama (334) phone 5

6 PENN & SEABORN, LLC 53 Highway 110 Post Office Box 5335 Union Springs, Alabama (334) phone (334) facsimile JURY DEMAND PLAINTIFFS DEMAND A TRIAL BY JURY ON ALL ISSUES OF THE COMPLAINT. DEFENDANTS MAY BE SERVED BY CERTIFIED MAIL AT: R. R. Dawson Bridge Company, LLC c/o CT Corporation System 2 North Jackson Street, Suite 605 Montgomery, Alabama Miller Formless Company P.O. Box 250 McHenry, Illinois