AlaFile E-Notice 46-CV-2011-900016.00 To: MICHAEL GLEN STRICKLAND mgs@jurytrial.us NOTICE OF ELECTRONIC FILING IN THE CIRCUIT COURT OF MACON COUNTY, ALABAMA SOLOMON DAVIS, AS PARENT OF SOLOMON DAVIS III II, ET AL v. BARBARA SAMUEL ET AL 46-CV-2011-900016.00 The following complaint was FILED on 2/11/2011 4:56:14 PM Notice Date: 2/11/2011 4:56:14 PM DAVID LOVE, JR. CIRCUIT COURT CLERK MACON COUNTY, ALABAMA 101 EAST NORTHSIDE STREET TUSKEGEE, AL 36083 334-724-2614 david.love@alacourt.gov
State of Alabama Unified Judicial System Form ARCiv-93 Rev.5/99 COVER SHEET CIRCUIT COURT - CIVIL CASE (Not For Domestic Relations Cases) GENERAL INFORMATION Case Number: 46-CV-2011-900016.00 Date of Filing: 02/11/2011 ELECTRONICALLY FILED 2/11/2011 4:56 PM CV-2011-900016.00 CIRCUIT COURT OF MACON Judge COUNTY, Code: ALABAMA DAVID LOVE, JR., CLERK IN THE CIRCUIT OF MACON COUNTY, ALABAMA SOLOMON DAVIS, AS PARENT OF SOLOMON DAVIS III II, ET AL v. BARBARA SAMUEL ET AL First Plaintiff: Business Government Individual Other First Defendant: Business Government Individual Other NATURE OF SUIT: TORTS: PERSONAL INJURY WDEA - Wrongful Death TONG - Negligence: General TOMV - Negligence: Motor Vehicle TOWA - Wantonnes TOPL - Product Liability/AEMLD TOMM - Malpractice-Medical TOLM - Malpractice-Legal TOOM - Malpractice-Other TBFM - Fraud/Bad Faith/Misrepresentation TOXX - Other: TORTS: PERSONAL INJURY TOPE - Personal Property TORE - Real Property OTHER CIVIL FILINGS ABAN - Abandoned Automobile ACCT - Account & Nonmortgage APAA - Administrative Agency Appeal ADPA - Administrative Procedure Act ANPS - Adults in Need of Protective Services OTHER CIVIL FILINGS (cont'd) MSXX - Birth/Death Certificate Modification/Bond Forfeiture Appeal/Enforcement of Agency Subpoena/Petition to Preserve CVRT - Civil Rights COND - Condemnation/Eminent Domain/Right-of-Way CTMP-Contempt of Court CONT-Contract/Ejectment/Writ of Seizure TOCN - Conversion EQND- Equity Non-Damages Actions/Declaratory Judgment/Injunction Election Contest/Quiet Title/Sale For Division CVUD-Eviction Appeal/Unlawfyul Detainer FORJ-Foreign Judgment FORF-Fruits of Crime Forfeiture MSHC-Habeas Corpus/Extraordinary Writ/Mandamus/Prohibition PFAB-Protection From Abuse FELA-Railroad/Seaman (FELA) RPRO-Real Property WTEG-Will/Trust/Estate/Guardianship/Conservatorship COMP-Workers' Compensation CVXX-Miscellaneous Circuit Civil Case ORIGIN: F INITIAL FILING A APPEAL FROM DISTRICT COURT O OTHER R REMANDED T TRANSFERRED FROM OTHER CIRCUIT COURT HAS JURY TRIAL BEEN DEMANDED? Yes No RELIEF REQUESTED: MONETARY AWARD REQUESTED NO MONETARY AWARD REQUESTED ATTORNEY CODE: STR032 2/11/2011 4:40:25 PM /s MICHAEL GLEN STRICKLAND MEDIATION REQUESTED: Yes No Undecided
ELECTRONICALLY FILED 2/11/2011 4:56 PM CV-2011-900016.00 CIRCUIT COURT OF MACON COUNTY, ALABAMA DAVID LOVE, JR., CLERK IN THE CIRCUIT COURT OF MACON COUNTY, ALABAMA SOLOMON DAVIS, II and ) LATOYA DAVIS as parents and next ) friends of SOLOMON DAVIS, III, ) ) Plaintiffs, ) ) vs. ) CV 2011- BARBARA SAMUEL; ) MACON COUNTY BOARD OF ) EDUCATION; ) THEODORE SAMUEL; ) JURY TRIAL DEMANDED KATY CAMPBELL; ) ELNORA SMITH- LOVE; ) MARY HOOKS; ) KAREY THOMPSON; ) FICTITIOUS DEFENDANTS A, B, ) and C, whether singular or plural, those ) other persons, firms and/or corporations ) who or which negligently, wantonly, ) willfully, recklessly, maliciously, ) fraudulently, carelessly and/or in bad faith ) and/or intentionally and/or beyond his ) authority and/or under a mistaken ) interpretation of the law hired, trained ) and/or supervised Defendant Samuel; ) FICTITIOUS DEFENDANTS D, E, ) and F, whether singular or plural, those ) other persons, firms and/or corporations ) who manufactured the school bus that ) ran over and injured Solomon Davis, III; ) FICTITIOUS DEFENDANTS G, H ) and I, whether singular or plural, those ) other persons, firms and/or corporations ) responsible for the upkeep, maintenance ) and/or the repairing of the school bus that ) ran over and injured Solomon Davis III; ) FICTITIOUS DEFENDANTS J, K, ) and L, whether singular or plural, those )
other persons, firms and/or corporations ) who or which negligently, wantonly, ) willfully, recklessly, maliciously, ) fraudulently, carelessly and/or in bad faith ) and/or intentionally and/or beyond his ) authority and/or under a mistaken ) interpretation of the law hired, trained ) and/or supervised the persons, firms or ) corporations responsible for the upkeep, ) maintenance and/or the repairing of the ) school bus that ran over and injured ) Solomon Davis III; ) FICTITIOUS DEFENDANTS M, N ) and O whether singular or plural, those ) other persons, firms and/or corporations ) whose negligence and/or wantonness caused ) and/or contributed to cause the injuries ) sustained by Solomon Davis, III, all of ) whose true and correct names are unknown ) to Plaintiff at this time but will be ) substituted by amendment when ascertained, ) ) Defendants. ) COMPLAINT Statement of the Parties 1. Plaintiff Solomon Davis, II, (hereinafter referred to as Davis and/or Plaintiff ) is over the age of nineteen (19) years and resides in Macon County, Alabama. He is the father of Solomon Davis, III, a minor child. He sues on behalf of Solomon Davis, III. 2. Plaintiff Latoya Davis, (hereinafter referred to as Davis and/or Plaintiff ) is over the age of nineteen (19) years and resides in Macon County, Alabama. She is the parent of Solomon Davis, III, a minor child. She sues on behalf of Solomon Davis, III. 2
3. Defendant Barbara Samuel, (hereinafter referred to as Samuel and/or Defendant ) is over the age of nineteen (19) years and resides in Macon County, Alabama. Said Defendant was working within the line and scope of her employment with the Macon County Board of Education and was acting in her individual capacity as a Macon County school bus driver. 4. Defendant Macon County Board of Education (hereinafter referred to as MCBE and/or Defendant ) is located in Macon County. 5. Defendant Theodore Samuel (hereinafter referred to as T. Samuel and/or Defendant ) is the president of the Macon County Board of Education and lives in Macon County, Alabama and was acting in his individual capacity as a board member. 6. Defendant Katy Campbell (hereinafter referred to as Campbell and/or Defendant ) is a member of the Macon County Board of Education and lives in Macon County, Alabama and was acting in his individual capacity as a board member. 7. Defendant Elnora Smith-Love (hereinafter referred to as Smith-Love and/or Defendant ) is a member of the Macon County Board of Education and lives in Macon County, Alabama and was acting in his individual capacity as a board member. 8. Defendant Mary Hooks (hereinafter referred to as Hooks and/or Defendant ) is a member of the Macon County Board of Education and lives in Macon County, Alabama and was acting in his individual capacity as a board member. 3
9. Defendant Karey Thompson, (hereinafter referred to as Thompson and/or Defendant ) is a member of the Macon County Board of Education and lives in Macon County, Alabama and was acting in his individual capacity as a board member. 10. Fictitious Defendants A through O, are those persons, corporations, or other legal entities described more fully in the caption and incorporated herein, whose negligence, wantonness, willfulness, recklessness or other wrongful conduct, caused or contributed to cause the injuries of Samuel Davis, III, whose true and correct names are unknown to the Plaintiffs at this time but will be substituted by amendment when ascertained. 11. The term Defendants is made to refer to all real and fictitious Defendants described in the style of this Complaint. STATEMENT OF THE FACTS 12. On or about February 10, 2011, Solomon Davis, III was a passenger on a Macon County school bus headed for home. 13. Defendant Barbara Samuel was the driver of the school bus. 14. The school bus stopped at the Solomon s bus stop and he along with several other children exited the bus. 15. As a result of the negligent and/or wanton and/or reckless and/or malicious and/or willful and/or fraudulent conduct and/or in bad faith and/or intentional and/or beyond her authority and/or under a mistaken interpretation of the law of the named and fictitious named defendants, the minor child, Solomon Davis, was allowed to walk in front of the school bus without the driver learning of or being warned of the child/children s location. 4
16. Defendant Barbara Samuel proceeded to drive away from the bus stop. 17. The bus rolled forward knocking Solomon to the ground and running over him causing the following severe permanent injuries: a. He was caused to suffer a crushed pelvis; b. He was caused to suffer a ruptured spleen; c. He was caused to suffer sever internal injuries; d. He has suffered severe physical pain and mental anguish; e. He incurred medical expenses; and e. He has been otherwise injured and damaged. 18. The Defendant bus driver was negligent and/or wanton and/or reckless and/or malicious and/or willful and/or fraudulent conduct and/or in bad faith and/or intentional and/or beyond her authority and/or under a mistaken interpretation of the law in not following proper protocol and procedures for operating a school bus. 19. She was not properly hired, trained and/or supervised in the operation of a school bus. 20. The bus on which Solomon Davis was riding was not in proper working order. 21. The bus has been not been properly serviced, maintained and/or repaired. 22. The bus was defectively designed and manufactured in that it did not prevent children from walking in front of the school bus. 5
23. The bus was defectively designed and manufactured in that it failed to warn the bus driver of the location of the child or other object in front of the bus and failed to provide a view through the use of a camera or a mirror of any blind spots such as the one Solomon may have been in. 24. The bus was designed and manufactured and maintained in a way to not meet the applicable standards set out by the FMVSS. 25. While on duty, Barbara Samuel acted negligently and/or wantonly and/or recklessly and/or maliciously and/or willfully and/or fraudulently and/or in bad faith and/or intentionally and/or beyond her authority and/or under a mistaken interpretation of the law during the operation of the school bus. 26. At all times, the acts complained of against Barbara Samuel occurred and were committed by her in the performance of her duties and in the line and scope of his employment with the Macon County Board of Education. 27. The conduct alleged herein above was also in violation of Barbara Samuel s ministerial duties and not her discretionary duties. 28. Defendant Barbara Samuel os sued in her individual capacity. COUNT ONE (Alabama Extended Manufacturers Liability Doctrine) 29. Plaintiffs reallege the allegations contained in the preceding paragraphs as if fully set forth herein. 6
30. The school bus at issue was designed, manufactured, sold, distributed or otherwise placed into the stream of commerce by Fictitious Defendants D - F. 31. At the time the school bus at issue was placed into the stream of commerce, the bus was defective and unreasonably dangerous as those terms are defined by Alabama law and specifically the Alabama Extended Manufacturers Liability Doctrine in that it did not prevent children from walking in front of the school bus, and if children were in front of the bus, the driver was not warned of the location of the children by way of an audible alarm, camera, mirror and/or other warn device. 32. The school bus at issue was unaltered and in its same design configuration at the time of the accident as it was at the time Fictitious Defendants placed the bus into the stream of commerce. 33. The school bus at issue failed to perform as expected by consumers or users. 34. The school bus at issue was defective in its design, manufacture and/or in the warnings that accompanied it. 35. The defects of the school bus at issue caused and/or contributed to cause the injuries to Solomon Davis, III as stated in paragraph 17 above. WHEREFORE, Plaintiffs requests compensatory damages to adequately compensate for the damages to the Plaintiffs and for punitive damages to punish for the wrong and deter such wrongful conduct in the future in such an amount as a jury may award, plus the costs of this action. 7
COUNT TWO 36. Plaintiffs reallege all prior paragraphs of the Complaint as if set out here in full. 37. Defendant Barbara Samuel negligently and/or wantonly and/or recklessly and/or maliciously and/or willfully and/or fraudulently and/or in bad faith and/or intentionally and/or beyond her authority and/or under a mistaken interpretation of the law operated the Macon County school bus she was driving causing the bus to run over Solomon Davis, III. 38. While on duty, Barbara Samuel acted negligently and/or wantonly and/or recklessly and/or maliciously and/or willfully and/or fraudulently and/or in bad faith and/or intentionally and/or beyond her authority and/or under a mistaken interpretation of the law during the operation of the school bus. 39. At all times, the acts complained of against Barbara Samuel occurred and were committed by her in the performance of her duties and in the line and scope of his employment with the Macon County Board of Education. 40. The conduct alleged herein above was also in violation of Barbara Samuel s ministerial duties and not her discretionary duties. 41. As a proximate result of the Defendant s negligence, wantonness and/or recklessness, Solomon Davis, III was injured as stated in paragraph 17 above. WHEREFORE, Plaintiffs demand judgment against Defendant Barbara Samuel in a fair and reasonable amount of compensatory and punitive damages, plus costs. 8
COUNT THREE 42. Plaintiffs reallege the allegations contained in the preceding paragraphs as if fully set forth herein. 43. Fictitious Defendants A - C negligently and/or wantonly and/or recklessly and/or maliciously and/or willfully and/or fraudulently and/or in bad faith and/or intentionally and/or beyond her authority and/or under a mistaken interpretation of the law hired, trained and/or failed to supervise Defendant Barbara Samuel; negligently and/or wantonly and/or recklessly and/or maliciously and/or willfully and/or fraudulently and/or in bad faith and/or intentionally and/or beyond her authority and/or under a mistaken interpretation of the law failed to inform Barbara Samuel of the policies and regulations; negligently, wantonly and/or carelessly failed to have supervisors properly train Barbara Samuel; negligently and/or wantonly and/or recklessly and/or maliciously and/or willfully and/or fraudulently and/or in bad faith and/or intentionally and/or beyond her authority and/or under a mistaken interpretation of the law failed to require Barbara Samuel to expressly adhere to the policies and regulations; and negligently and/or wantonly and/or recklessly and/or maliciously and/or willfully and/or fraudulently and/or in bad faith and/or intentionally and/or beyond her authority and/or under a mistaken interpretation of the law allowed Barbara Samuel to openly disobey the rules and regulations for operating a school bus. 44. As a proximate result, one or more of the Defendants callously neglected to follow procedures. 9
45. These negligent and/or wanton acts committed by the above Defendants were committed by them while in the performance of their duties in the line and scope of their employment. The conduct alleged above were also violations of ministerial duties and not discretionary duties. 46. As a proximate result, Solomon Davis, III suffered severe physical and mental injures as stated in paragraph 17 above. WHEREFORE, Plaintiffs demand judgments against all Defendants in a fair and reasonable amount of compensatory and punitive damages, plus costs. COUNT FOUR 47. Plaintiffs reallege the allegations contained in the preceding paragraphs as if fully set forth herein. 48. Fictitious Defendants G through I negligently and/or wantonly and/or recklessly and/or maliciously and/or willfully and/or fraudulently and/or in bad faith and/or intentionally and/or beyond her authority and/or under a mistaken interpretation of the law inspected, maintained and/or repaired the subject school bus leaving it in a defective and/or unreasonably dangerous condition. 49. Said Defendants should have known that failing to inspect, maintain and repair the school bus could result in severe injury to expected or intended users or to a foreseeable user. 10
50. Said Defendants negligently and/or wantonly and/or recklessly and/or maliciously and/or willfully and/or fraudulently and/or in bad faith and/or intentionally and/or beyond her authority and/or under a mistaken interpretation of the law failed to inspect, maintain and/or repair the school bus at issue and the potential hazards associated with the use of the product and failed to issue a notice of the hazard. 51. While on duty, said Defendants acted negligently and/or wantonly and/or recklessly and/or maliciously and/or willfully and/or fraudulently and/or in bad faith and/or intentionally and/or beyond their authority and/or under a mistaken interpretation of the law during the operation of the school bus. 52. At all times, the acts complained of against said Defendants occurred and were committed by them in the performance of their duties and in the line and scope of their employment with the Macon County Board of Education. 53. The conduct alleged herein above was also in violation of said Defendants ministerial duties and not their discretionary duties. 54. As a proximate consequence of the negligence, wantonness, willfulness, recklessness and/or carelessness of said Fictitious Defendants, Solomon Davis, III was injured as stated in paragraph 17 above. WHEREFORE, Plaintiff requests compensatory damages to adequately compensate for the damages to the Plaintiff and for punitive damages to punish for the wrong and deter such wrongful conduct in the future in such an amount as a jury may award, plus the costs of this action. 11
COUNT FIVE 55. Plaintiffs reallege the allegations contained in the preceding paragraphs as if fully set forth herein. 56. Fictitious Defendants J - L negligently and/or wantonly and/or recklessly and/or maliciously and/or willfully and/or fraudulently and/or in bad faith and/or intentionally and/or beyond their authority and/or under a mistaken interpretation of the law hired, trained and/or failed to supervise Fictitious Defendants G through I ; negligently and/or wantonly and/or recklessly and/or maliciously and/or willfully and/or fraudulently and/or in bad faith and/or intentionally and/or beyond their authority and/or under a mistaken interpretation of the law failed to inform Fictitious Defendants G through I of the policies and regulations; negligently and/or wantonly and/or recklessly and/or maliciously and/or willfully and/or fraudulently and/or in bad faith and/or intentionally and/or beyond their authority and/or under a mistaken interpretation of the law failed to have supervisors properly train Fictitious Defendants G through I ; negligently and/or wantonly and/or recklessly and/or maliciously and/or willfully and/or fraudulently and/or in bad faith and/or intentionally and/or beyond their authority and/or under a mistaken interpretation of the law failed to require Fictitious Defendants G through I to expressly adhere to the policies and regulations; and negligently and/or wantonly and/or recklessly and/or maliciously and/or willfully and/or fraudulently and/or in bad faith and/or intentionally and/or beyond their authority and/or under a mistaken interpretation of the law allowed Fictitious Defendants G through I to openly disobey the rules and regulations for inspecting, maintaining and/or repairing a school bus. 12
57. As a proximate result, one or more of the Defendants callously neglected to follow procedures. 58. These negligent and/or wanton acts committed by the above Defendants were committed by them while in the performance of their duties in the line and scope of their employment. The conduct alleged above were also violations of ministerial duties and not discretionary duties. 59. While on duty, said Defendants acted negligently and/or wantonly and/or recklessly and/or maliciously and/or willfully and/or fraudulently and/or in bad faith and/or intentionally and/or beyond their authority and/or under a mistaken interpretation of the law during the operation of the school bus. 60. At all times, the acts complained of against said Defendants occurred and were committed by them in the performance of their duties and in the line and scope of their employment with the Macon County Board of Education. 61. As a proximate result, Solomon Davis, III suffered severe physical and mental injures as stated in paragraph 17 above. WHEREFORE, Plaintiffs demand judgments against all Defendants in a fair and reasonable amount of compensatory and punitive damages, plus costs. COUNT SIX 62. Plaintiffs reallege the allegations contained in the preceding paragraphs as if fully set forth herein. 13
63. Defendants MCBE and its members, T. Samuel, Campbell, Smith-Love and Thompson negligently and/or wantonly and/or recklessly and/or maliciously and/or willfully and/or fraudulently and/or in bad faith and/or intentionally and/or beyond their authority and/or under a mistaken interpretation of the law hired, trained and/or failed to supervise all Defendants ; negligently and/or wantonly and/or recklessly and/or maliciously and/or willfully and/or fraudulently and/or in bad faith and/or intentionally and/or beyond their authority and/or under a mistaken interpretation of the law failed to inform Defendants of the policies and regulations; negligently and/or wantonly and/or recklessly and/or maliciously and/or willfully and/or fraudulently and/or in bad faith and/or intentionally and/or beyond their authority and/or under a mistaken interpretation of the law failed to have supervisors properly train Defendants; negligently and/or wantonly and/or recklessly and/or maliciously and/or willfully and/or fraudulently and/or in bad faith and/or intentionally and/or beyond their authority and/or under a mistaken interpretation of the law failed to require Defendants to expressly adhere to the policies and regulations; and negligently and/or wantonly and/or recklessly and/or maliciously and/or willfully and/or fraudulently and/or in bad faith and/or intentionally and/or beyond their authority and/or under a mistaken interpretation of the law allowed Defendants to openly disobey the rules and regulations for inspecting, maintaining and/or repairing a school bus. 64. As a proximate result, one or more of the Defendants callously neglected to follow procedures. 14
65. While on duty, said Defendants acted negligently and/or wantonly and/or recklessly and/or maliciously and/or willfully and/or fraudulently and/or in bad faith and/or intentionally and/or beyond their authority and/or under a mistaken interpretation of the law during the operation of the school bus. 66. At all times, the acts complained of against said Defendants occurred and were committed by them in the performance of their duties and in the line and scope of their employment with the Macon County Board of Education. 67. The conduct alleged herein above was also in violation of said Defendants ministerial duties and not their discretionary duties. 68. Said Defendants are being sued in their individual capacities. WHEREFORE, Plaintiffs demand judgments against all Defendants in a fair and reasonable amount of compensatory and punitive damages, plus costs. COUNT SEVEN (Negligence/Wantonness/Recklessness as to Fictitious Defendants) 69. Plaintiffs reallege all prior paragraphs of the Complaint as if set out here in full. 70. Fictitious Defendants are those individuals and/or entities specifically enumerated in the caption above whose negligence, wantonness, recklessness or other wrongful conduct caused or contributed to cause the occurrence made the basis of this lawsuit. 71. Fictitious Defendants negligent, wanton and/or reckless conduct formed the proximate cause and/or combined and concurred to form the proximate cause of injuries and damages suffered by Solomon Davis, III as stated in paragraph 17 above. 15
WHEREFORE, Plaintiffs demand judgments against all Defendants in a fair and reasonable amount of compensatory and punitive damages, plus costs. COUNT VII (Combined and Concurring Conduct) 72. Plaintiff realleges all prior paragraphs of the Complaint as if set out here in full. 73. The tortuous conduct of all Defendants and Fictitious Defendants combined and concurred to cause the injuries and damages of Solomon Davis III. WHEREFORE, Plaintiffs demand judgment against all Defendants and Fictitious Defendants in a reasonable and just amount of compensatory and punitive damages as a jury may award, plus costs. /s/ Michael G. Strickland MICHAEL G. STRICKLAND (STR032) OF COUNSEL: Strickland & Kendall, LLC 2740 Zelda Rd, Suite 500 (36106) P.O. Box 99 Montgomery, AL 36101-0099 (334) 269-3230 (334) 269-3239 fax /s/ Blaine C. Stevens BLAINE C. STEVENS (STE091) PLAINTIFFS DEMAND TRIAL BY STRUCK JURY 16