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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

PAUL A. DOPSON and *
WANDA DOPSON, *
*
Plaintiffs, *
*
v. * CIVIL ACTION FILE NO.:
*
WERNER ENTERPRISES, INC. *
And ACE AMERICAN *
INSURANCE COMPANY, *
*
Defendants. *

COMPLAINT FOR DAMAGES

NOW COME the Plaintiffs in the above styled action and herewith
state their complaint for damages against the Defendants by showing the
Court the following:
1.
Plaintiffs are residents of the State of Georgia and reside in Eastman,
Dodge County, Georgia.
2.
The Defendant Werner Enterprises, Inc. is a foreign corporation
which is authorized to do business in the State of Georgia. Said corporation
maintains its principal office in Omaha, Nebraska but maintains a terminal
within this federal district. Said defendant is subject to the jurisdiction and
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venue of this Court by service of process upon its registered agent, Duane
Beck, 1444 Blairs Bridge Road, Lithia Springs, Douglas County, Georgia.
3.
The Defendant Ace American Insurance Company is a foreign
insurance corporation that is registered to do business in the State of
Georgia. Said corporation maintains its principal office in Philadelphia, PA
but is subject to the jurisdiction and venue of this Court by service of
process upon its registered agent, Mr. Mark G. Irwin at 500 Colonial Center
Parkway, #200, Roswell, Fulton County, Georgia 30076.
4.
There exists a complete diversity of citizenship and the amount in
controversy exceeds $75,000.00. Venue is proper in this Court as the
Defendants maintain an office and conduct business within this district.
5.
On or about November 23, 2012, at approximately 9:27 oclock a.m.,
Plaintiff Paul Dopson was driving his 2000 Chevrolet Cavalier north on
Georgia Highway 117 in Dodge County, Georgia. As he approached the
intersection of Georgia Highway 117 and East Street, a 2012 Kenworth
tractor truck travelling on East Street pulled through a stop sign to turn left
onto Georgia Highway 117. In so doing, the 2012 Kenworth tractor truck
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drove into the path of Plaintiff Paul Dopsons vehicle causing a severe
collision of the two vehicles.
6.
At all times relevant, Plaintiff Paul Dopson had the legal right of way.
7.
The 2012 Kenworth tractor truck was owned and operated by the
defendant Werner Enterprises, Inc. Said truck was being driven by Mr.
Warren J oseph Pittman, J r. of Glendale, Arizona. At all times relevant, Mr.
Pittman was acting within the scope of his employment with the defendant
Werner Enterprises, Inc. Therefore, the defendant Werner Enterprises, Inc.
is liable for the acts and omissions of Mr. Pittman under the doctrine of
respondeat superior.
8.
The sole and proximate cause of the aforementioned collision was the
negligence of the driver of the 2012 Kenworth tractor truck, owned and
operated by the defendant Werner Enterprises, Inc., to wit; making an
improper left hand turn and failing to yield the right of way to Plaintiff Paul
Dopsons vehicle.


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9.
At all times relevant, the defendant Werner Enterprises, Inc. was an
interstate common carrier that operated in the State of Georgia by registering
with and subjecting itself to the regulations of the Georgia Public Service
Commission which, in turn, has fully adopted the Federal Motor Carrier Act
and the regulations of the United States Department of Transportation as
their own. In accordance with the regulations of the Georgia Public Service
Commission and the United States Department of Transportation, the
defendant Werner Enterprises, Inc. maintained a policy of liability
insurance, bearing policy number XSA H08720381, which was issued by the
defendant Ace American Insurance Company. Proper and complete
registration of this policy of liability insurance was, at all times relevant, on
file with the Georgia Public Service Commission by and through the United
States Department of Transportation as a part of the defendant Werner
Enterprises, Inc.s registration with the State of Georgia and the United
States Department of Transportation. As the policy of liability insurance
issued by the defendant Ace American Insurance Company to the defendant
Werner Enterprises, Inc. serves to protect innocent third parties such as the
Plaintiffs from negligence committed by employees and agents of the
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defendant Werner Enterprises, Inc., the defendant Ace American Insurance
Company is a proper party to this action.
10.
As the sole and proximate result of the defendant Werner Enterprises,
Inc.s negligence, by and through its employee Mr. Pittman, Plaintiff Paul
Dopson suffered a persistent and worsening onset of neck, back and bilateral
shoulder pain and numbness in his right thumb. As the result of that pain,
Plaintiff Paul Dopson sought medical care including radiographic
examinations. MRIs of the cervical and lumbar spine revealed annular tears
of the C-6 vertebrae and disc bulges at the L4-L5 and L5-S1 vertebrae
causing neural foraminal stenosis at those levels. Magnetic Resonance
Imaging of the right shoulder showed a 10 mm X 10 mm near full thickness
tear of the distal infraspinatus tendon at its attachment to the humeral head
as well as acromial impingement. Magnetic Resonance Imaging of the left
shoulder showed an 8 mm x 8 mm intrasubstance tear of the distal most
supraspinatus tendon at its attachment to the greater tuberosity of the
humeral head, fluid in the AC joing contributing to medial arch
impingement and lateral arch impingement, inflammation and delamination
in the distal 2 cm of both the supraspinatus and infraspinatus tendons. The
sole and proximate cause of these injuries was the impact from the above
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described collision between Plaintiff Paul Dopsons automobile and the
defendant Werners tractor.
11.
The injuries Plaintiff Paul Dopson suffered from this collision did
then, do now and, in all likelihood, will in the future cause him to experience
severe physical and mental pain and suffering.
12.
As the direct and proximate result of the defendant Werners
negligence, by and through its agent and employee Mr. Pittman, Plaintiffs
have incurred numerous medical expenses for the treatment of Plaintiff Paul
Dopsons injuries. To date, Plaintiffs have incurred the following medical
expenses:
a) Dr. Mark Griffis $ 275.00
b) Med Cross Imaging $ 7,585.00
c) University Orthopedics $ 7,730.15
d) Statesboro Neurosurgery $ 550.00
e) Pain Associates Waycross $ 808.00
f) Dodge County Hospital $ 436.12
g) Prescriptions $ 419.69
TOTAL $17,803.96
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Plaintiff Paul Dopsons injuries are severe and permanent and he will, in all
likelihood, incur additional medical expenses in the future.
13.
At the time of the collision, Plaintiffs Paul Dopson and Wanda
Dopson were legally married. As the direct and proximate result of the
defendant Werners negligence, by and through its agent and employee Mr.
Pittman, and the resulting injuries to her husband Paul Dopson, Plaintiff
Wanda Dopson has lost the love, services and affections of her husband.
WHEREFORE, Plaintiffs demand a trial by a jury of twelve and pray
for judgment against the defendants, jointly and severally, for general
damages in the amount of $200,000 as compensation for Plaintiff Paul
Dopsons physical and mental pain and suffering, past and future; special
damages in the amount of past, present and future medical expenses as
shown by the evidence; $100,000 as compensation for Plaintiff Wanda
Dopsons loss of consortium; all other costs of the Clerk as allowed by law.
/s/ Craig Alan Webster .
CRAIG ALAN WEBSTER
405 Love Avenue Attorney for Plaintiffs
Tifton, GA 31794 Ga. State Bar No.: 744950
(229) 388-0082
cwebster@twflaw.com



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/s/ Blake J . Smith .
BLAKE J . SMITH
688 Walnut Street Attorney for Plaintiffs
Suite 103 Ga. State Bar No.: 654855
Macon, GA 31201
(478) 746-1468
bsmith@nelsonsmith.com


CERTIFICATION OF COMPLIANCE WITH LOCAL RULES
The undersigned herewith certifies that this Complaint was typed in
Times New Roman format, 14-point font as required by local rules.
/s/ Craig Alan Webster .
CRAIG ALAN WEBSTER
405 Love Avenue Attorney for Plaintiffs
Tifton, GA 31794 Ga. State Bar No.: 744950
(229) 388-0082
cwebster@twflaw.com


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