Filed 20-CI-02231 07/30/2020 NOT ORIGINAL

Vincent Riggs, Fayette Circuit Clerk DOCUMENT

08/07/2020 10:28:33 AM
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COMMONWEALTH OF KENTUCKY
FAYETTE CIRCUIT COURT
DIVISION-
CNIL ACTION NO.

SONDRA CATHERINE MORGAN, Individually and

as Administratrix of the Estate of Daezon Tyquise Morgan, and
as Next Friend of D.M., a minor child PLAINTIFF

COMPLAINT

MATTHEW PATRICK STARLING DEFENDANT

Serve: Via Fayette County Sheriff s Department

Matthew Patrick Starling
261 Preston Avenue
Lexington, Kentucky 40502

* rt,l. t$ tF *** *,1. {.

Presiding Judge: HON. LUCY A. VANMETER (622386)

rF rF

Comes the Plaintiff, Sondra Catherine Morgan, Individually, as Administratrix of the

Estate of Daezon Tyquise Morgan, and as Next Friend of her daughter, D.M., by counsel, and for

her Complaint and causes of action against the Defendant, Matthew Patrick Starling, now states as

follows:

Facts

1. Plaintiff, Sondra Catherine Morgan, resides in Fayette County, Kentucky, and at all

relevant times to this Complaint was manied to Daezon Tyquise Morgan and is the mother of

D.M., a minor.

2. By order of the Fayette District Court in Case No. 20-P-6 96, daledJune 25, 2020,Sondra

Catherine Morgan was appointed Administratrix of the estate of Daezon Tyquise Morgan.
COM : 000001 of 000006

3. Sondra Catherine Morgan resides in this state, is free from disability, and has a right to sue

as next friend of D.M. pursuant to the provisions of KRS Chapter 387 andKentucky Rule of Civil

Procedure 17.03. (See attached Affidavit).

Filed 20-CI-02231 07/30/2020 Vincent Riggs, Fayette Circuit Clerk

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4. At all relevant times to this Complaint, DazeonTyquise Morgan was a resident of Fayette

County Kentucky.

5. D.M. resides in Fayette County, Kentucky and she is the daughter born of the relationship

between DazeonTyquise Morgan and Sondra Catherine Morgan.

6. Defendant, Matthew Patrick Starling, at all relevant times to this Complaint, resided in

Fayette County, Kentuoky and may be served personally at his residence located at 231 Preston

Avenue, Lexington, Kentucky 40502.

7. On June 8,2020, Defendant Starling consumed alcohol.

8. Upon information and belief, on June 8,2020,Defendant Starling smoked marijuana.

g. On June 8,2}2},Defendant Starling operated a2014 black Subaru Imprezaon Richmond

Road in Lexington, Kentucky at or around 8:50 p.m. EST.

Presiding Judge: HON. LUCY A. VANMETER (622386)

10. Defendant Starling consumed alcohol and smoked marijuana prior to operatingthe2014

Subaru Imprezaon Richmond Road, in Lexington, Kentucky at or around 8:50 p.m. EST.

1 1. Defendant Starling operated the2014 Subaru Imprezawhile under the influence of alcohol

and marijuana.

12. While operating the2Il4Subaru Impreza,Defendant Starling was involved in a collision

with a motorcycle operated by DaezonTyquise Morgan at the intersection of Richmond Road and

Preston Avenue in Lexington, Kentucky.

13. Defendant Starling failed to maintain proper control over his vehicle, maintain proper

lookout for other vehicles on the roadway and/or obey applicable traffic regulations.

14. Defendant Starling caused the collision with DazeonTyquise Morgan.

COM : 000002 of 000006

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15. As a result of the collision, Daezon Tyquise Morgan was seriously injured, was listed in

serious condition, and was transported to UK Hospital for treatment of his injuries, where he

ultimately succumbed to his injuries and was pronounced dead.

16. After the collision, officers of the Lexington Police Department responded to the scene.

Upon information and belief, responding officers detected the strong odor of alcoholic beverages,

slurred speech, and bloodshot watery eyes on Defendant Starling's person.

17. Upon information and belief, Defendant Starling admitted to responding officers that he

consumed alcohol and smoked marijuana prior to the collision.

18. Defendant Starling was arrested and taken into custody after the collision and charged with

operating a motor vehicle under the influence of drugs andlor alcohol pursuant to KRS 1894.010.

Ig.DaezonTyquise Morgan died as a result of the injuries he sustained from the collision with

Presiding Judge: HON. LUCY A. VANMETER (622386)

Defendant Starling.

20. On June 9, 2020, Defendant Starling was charged with manslaughter pursuant to KRS

507.040.

Count I
Neslisence and Wronsful Death

21. Pursuant to CR 10.03, Plaintiff incorporates by reference all previous averments set out

above.

22.The Defendant, Matthew Starling, failed to maintain proper control over his vehicle,

maintain proper lookout for other vehicles on the roadway andlor obey applicable traffic

regulations which caused the collision with Daezon Tyquise Morgan.

COM : 000003 of 000006

23. The failure of Defendant, Matthew Starling, to maintain proper control over his vehicle, to

maintain proper lookout for other vehicles on the roadway andlor obey applicable traffic

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regulations constituted a breach of duty to exercise reasonable care, gross negligence, and willful

misconduct.

24. As a direct and proximate result of Defendant, Matthew Starling's, breaches of duty and

the resulting collision,Daezon Tyquise Morgan suffered severe, permanent, and fatal injuries, as

well as conscious physical and mental pain and suffering, thereby causing him or his estate to incur

extraordinary medical expenses, funeral and burial expenses, and his power to earn income was

destroyed, all resulting in damages that exceed the jurisdictional requirements of this Court.

25. Defendant, Matthew Starling, in breach his specific and general duties to Daezon Tyquise

Morgan, exhibited willful, wanton and reckless disregard for Mr. Morgan's life, safety, and

property, and he otherwise exhibited conduct constituting gross negligence.

26.The death of Daezon Tyquise Morgan resulted from the injuries inflicted by the negligent,

Presiding Judge: HON. LUCY A. VANMETER (622386)

willful and wrongful acts of Defendant Starling.

Count II
Loss of al and Parental

27. Pursuant to CR 10.03, Plaintiff incorporates by reference all previous averments set out

above.

28. Atall times relevant to this action, Sondra Catherine Morgan and her daughter, D.M., had

a right to services, aid, society, comfort and companionship between themselves and Daezon

Tyquise Morgan as their spouse and father, respectively.

2g.DaezonTyquise Morgan incurred fatal injuries directly resulting from the negligence and

wrongful acts of Defendant Starling.

COM : 000004 of 000006

30. As a result of the fatal injuries Daezon Tyquise Morgan incurred, his spouse and child,

D.M., have lost his services, assistance, aid, society, comfort and companionship, and they are

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each entitled to recover compensatory damages from Defendant Starling in an amount in excess

of the jurisdictional minimums of this Court.

Count III
Punitive D?mases

31. Pursuant to CR 10.03, Plaintiff incorporates by reference all previous averments set out

above.

32. Defendant, Matthew Starling, in breach his specific and general duties to Daezon Tyquise

Morgan, exhibited willful, wanton and reckless disregard for Mr. Morgan's life, safety, and

properfy, and he otherwise exhibited conduct constituting gross negligence and willful misconduct.

33. The death of Daezon Tyquise Morgan resulted from the injuries inflicted by the negligent,

willful and wrongful acts of Defendant Starling.

Presiding Judge: HON. LUCY A. VANMETER (622386)

34. Due to befendant, Matthew Starling's, gross negligence and willful misconduct in causing

the collision and fatal injuries to Daezon Tyquise Morgan, Plaintiff is entitled to recover punitive

damages in an amount which exceeds the jurisdictional requirements of this Court.

WHEREFORE the Plaintiff, Sondra Catherine Morgan, Individually, as Administratrix of

the Estate of Daezon Tyquise Morgan, and as Next Friend of her daughter, D.M., respectfully

prays for and demands judgment as follows:

A. Judgment against Defendant, Matthew Starling, for negligence;

B. Judgment against Defendant, Matthew Starling, for wrongful death;

C. Judgment against Defendant, Matthew Starling, for loss of spousal and parental
consortium;
COM : 000005 of 000006

D. Judgment against Defendant, Matthew Starting, for punitive damages;

E. Compensatory damages on behalf of Plaintiff, Sondra Catherine Morgan, Individually, as

Administratrix of the Estate of Daezon Tyquise Morgan, and as Next Friend of her daughter, D.M.,

Filed 20-CI-02231 07/30/2020 Vincent Riggs, Fayette Circuit Clerk

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Vincent Riggs, Fayette Circuit Clerk DOCUMENT
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against Defendant, Matthew Starling, in an amount that exceeds the jurisdictional mininlum of this

Court, which damages include, but are not limited to, past medical expenses, past pain and

suffering, funeral and burial expenses, destruction of Daezon Tyquise Morgan's power to earn

income, and loss of consortium;

F. Punitive damages on behalf of Plaintiff, Sondra Catherine Morgan, Individually, as

Administratrix of the Estate of Daezon Tyquise Morgan, and as Next Friend of her daughter, D.M.,

against Defendant, Matthew Starling, in an amountthat exceeds the jurisdictional minimum of this

Court;

G. Plaintiff s costs incurred herein;

H. A trial by jury on all issues so triable;

I. Pre-judgment and post-judgment interest on all amounts awarded herein; and

Presiding Judge: HON. LUCY A. VANMETER (622386)

J. Any and all other relief to which she may be entitled, including reasonable attorney's fees.

Respectfully submitted,

MoBRAYER PLLC
201 East Main Street, Suite 1000
Lexington, KY 40507
Phone: (859) 231-8780
Fax: (859) 231-6518
dguarnieri@mcbray erfi r'm. co m
samato@mcbrayerfi nn. com
tn ichoI s@mchraycrllrrn.com

/s/ David J. Guarnieri

DAVID J. GUARNIERI
STEVEN G. AMATO
TREVOR M. NICHOLS
ATTORNEYS FOR PLAINTIFF
COM : 000006 of 000006

4847-6946-3237, v. 'l

Filed 20-CI-02231 07/30/2020 Vincent Riggs, Fayette Circuit Clerk