State of Tennessee ( O PY In the Circuit Court of Hamilton County JOCELYN JOUBERT, individually and as mother and next friend of BRUCE SHIRLEY, a minor, and SAVANNAH JOUBERT, a minor Plaintiff ve 7 CJQ37 DURHAM SCHOOL SERVICES, L. P., NATIONAL EXPRESS, You are hereby naiied thal LLC, and JOHNTHONY WALKER appearance in the State of Tednesace Defendant — purposes of giving a pre-tial discXery deposition upon proper notice being given pursuant to ‘Tenn, Cade Ann, Sec, 20-2.203%¢). SUMMONS ‘SERVE THROUGH THE SHERIFF OF KNOX COUNTY: Durham School Services, LP. clo CT Corporation System, 800 S. Gay Street, Suite 2021, Knoxville, TN 37929 Defendant Address ‘SERVE THROUGH THE SECRETARY OF STATE: National Express, LLC, clo CT Corporation System, 208 South LaSalle Street, Suite 814, Chicago, IL 60604 Defendant Address ‘SERVE THROUGH THE SHERIFF OF HAMILTON COUNTY: Johnthony Walker, c/o Ronald D. Wells, 633 Chestnut Street, Suite 700, Chattanooga, TN 37450 Defendant Address ‘You are hereby summoned to answer and make defense to a bill of complaint which has been filed in the Circuit Court of Hamitton County, Tennessee in the above styled case, Your defense to this complaint must be filed im the office of the Circuit Court Clerk of Hamilton County, Tennessee on or before thirty (30) days after service of this summons upon you. If you fail to do so, judgement by default will be taken against you for the relief demanded in the complaint. WITNESSED and Issued this day of +20 ‘Cesar COM Be Hain rent Larry L, Henry, Circuit Court Clerk '500 Courtrouse 625 Georoin Avenue By CCuartanooca, Tenwessee 37402 Deputy Groat Court Clerk 423/209-6700 Attorneys for Plaintiff __Berke, Berke & Berke, P. 0. Box 4747, Chattanooga, TN 37405 ‘Address Plaintif's Address __©/0 Attorneys _ Recelved (his day of 200 Deputy Sheriff s/—______-___—— {oacoononaton, fon assistance CALL 2087500IN THE CIRCUIT COURT FOR HAMILTON COUNTY, TEND JOCELYN JOUBERT, individually and as mother and next friend of BRUCE SHIRLEY, a minor, and SAVANNAH JOUBERT, a minor, Plaintiffs, DIVISION ) ) ) ) ) ) ) v. ) ) JURY DEMAND DURHAM SCHOOL SERVICES, L.P., ) NATIONAL EXPRESS, LLC and ) JOHNTHONY WALKER ) ) ) Defendants. COMPLAINT Comes now the Plaintiff, Jocelyn Joubert, individually and as mother and next friend of Bruce Shirley, a minor, and Savannah Joubert, a minor, by and through counsel, and would show this Honorable Court as follows: PARTIES, JURISDICTION AND VENUE 1. Plaintiff Jocelyn Joubert is the mother and natural guardian of Bruce Shirley and Savannah Joubert, minor children, who were injured as a result of a motor vehicle collision that ocourred on November 21, 2016 on Talley Road in Chattanooga, Hamilton County, Tennessee. 2. Plaintiffs reside in Hamilton County, Tennessee and are citizens and residents of Tennessee, 3. Defendant Durham School Services, L.P. (“Durham”) is a foreign corporation existing under the laws of the state of Delaware with its principal place of business located at 1431 Opus Place, Suite 200, Downers Grove, Illinois. Durham may be served through its registered agent CT Corporation System, 800 S. Gay Street, Suite 2021, Knoxville, TN 37929. Page 1 of 54, Defendant National Express, LLC (“NELLC”) is a foreign corporation existing under the laws of the state of Delaware with its principal place of business located at 4300 Weaver Parkway in Warrenville, Illinois. NELLC may be served through its registered agent CT Corporation System, 208 South LaSalle St., Suite 814, Chicago, IL 60604. 5. Defendant Johnthony Walker (“Walker”) is a resident of Tennessee and may be served through his attomey of record, Ronald D. Wells, 633 Chestnut Street, Suite 700, Chattanooga, TN 37450. 6. All Defendants are subject to the jurisdiction of this Court pursuant to Tenn. Code ‘Ann, § 16-10-101 7. The cause of action arose in Chattanooga, Hamilton County, Tennessee and venue would be in Hamilton County, Tennessee pursuant to Tenn. Code Ann. § 20-4-101. FACTS 8. On November 21, 2016, the Defendant Walker was operating a bus owned and operated by Defendants Durham and NELLC. The presumptions stated in Tenn. Code Ann. § 55- 10-311 and Tenn. Code Ann. § 55-10-312 would apply. Walker was within the course and scope of his employment with Durham and NELLC and was operating the bus as a commercial bus driver, employee and statutory employee of Durham and NELLC. Durham and NELLC would be responsible for Walker’s conduct under agency and/or respondeat superior. 9. Bruce Shirley and Savannah Joubert were passengers on the bus. 10. The Defendants were negligent, grossly negligent, and operated the bus in a reckless manner with an indifference to the lives and safety of others. 11. The Defendants were negligent as Walker was speeding, travelling too fast for conditions, failed to maintain a proper lookout ahead, failed to keep his bus under proper control, Page 2 of Sfailed to stay in his lane of travel, and was guilty of reckless driving, The Defendants, by operating a commercial bus, owed the Plaintiffs the highest degree of care. 12, Plaintiff alleges the Defendants were guilty of violating the following provisions of the Tennessee Code: Tenn. Code Ann, §55-8-106. Public officers and employees ~ Exceptions. Tenn. Code Ann. §55-8-115. Driving on right side of roadway — Exceptions. Tenn. Code Ann. §55-8-120. Further limitations on driving to left of center of roadway. Tenn. Code Ann. §55-8-123. Driving on roadways laned for traffic. Tenn, Code Ann, §55-8-136. Drivers to exercise due care Tenn, Code Ann. §35-8-152. Speed limits ~ Penalties Tenn. Code Ann. §55-8-153. Establishment of speed zones. 13. The negligence, gross negligence, recklessness, and negligence per se of Defendant Walker caused him to lose control of the bus and caused the bus to flip over. This bus crash occurred on Talley Road in Chattanooga, Hamilton County, Tennessee. 14. Durham and NELLC are guilty of additional negligence and gross negligence by negligently hiring Walker to drive the bus; negligently training him; negligently continuing to employ him after receiving numerous complaints; failing to properly supervise him; failing to install monitoring equipment to monitor him; failing to pay reasonable wages in order to obtain competent drivers; and failing to operate their system in a manner that would ensure the lives and safety of the children they were transporting. They also failed to maintain safe buses. 15. The Defendants also violated the provisions of the Motor Vehicle Carrier Safety Regulations. These will be specified after discovery. 16. Bruce Shirley was a passenger on the bus and suffered a broken scapula, a head injury, and other physical and psychological injuries. He was forced to obtain medical treatment, incurred medical expenses, and suffered both physical and mental pain and suffering. He lost the Page 3 of Senjoyment of life, and lost eaming capacity. His injuries are permanent and the damages will continue for his lifetime. 17. Jocelyn Joubert is the mother of Bruce Shirley, who is a minor. She is responsible for his medical bills. She also lost his services and companionship. 18, Savannah Joubert was a passenger on the bus and suffered physical and psychological injuries. She was forced to obtain medical treatment, incurred medical expenses, and suffered both physical and mental pain and suffering, She lost the enjoyment of life, and lost carning capacity, Her injuries are permanent and the damages will continue for her lifetime 19. Jocelyn Joubert is the mother of Savannah Joubert, who is a minor. She is responsible for her medical bills. She also lost her services and companionship. 20. In addition to the previous allegations, which are hereby incorporated by reference, Plaintiff alleges the Defendants are guilty of negligence, gross negligence, and willful and wanton conduct demonstrating a conscious indifference to the lives and safety of others. WHEREFORE, Plaintiff Jocelyn Joubert sues the Defendants for compensatory damages in the amount of $50,000.00 and punitive damages in the amount of $500,000.00, Bruce Shirley, by next friend and mother, Jocelyn Joubert, sues the Defendants for compensatory damages in the amount of $375,000.00 and punitive damages in the amount of $3,750,000.00. Savannah Joubert, by next friend and mother, Jocelyn Joubert, sues the Defendants for compensatory damages in the amount of $50,000.00 and punitive damages in the amount of $500,000.00. All Plaintiffs seek prejudgment interest. All Plaintiffs demand a jury to try this case when joined. Page 4 of 5BERKE, BERKE, BERKE 1 we Ls x 420 Frazier Avenue Post Office Box 4747 Chattanooga, Tennessee 37405 (423) 266-5171 ~ Telephone (423) 265-5307 — Facsimile ronnie@berkeattys.com MURPHY FALCON & MURPHY, PA William H, Murphy, 111 Nicholas A. Szokoly Jessica H. Meeder One South Street, 23rd Floor Baltimore, Maryland 21202 (410) 951-8744 — Telephone (410) 539-6599 — Facsimile hassan.murphy@murphyfalcon.com nick,szokoly@murphyfalcon.com Jessica. meeder@murphyfalcon.com Attorneys for Plaintiffs Page 5 of 5