AlaFile E-Notice

47-CV-2021-901236.00

To: JAMES WILLIAM LEAGUE III

league@law-injury.com

NOTICE OF ELECTRONIC FILING

IN THE CIRCUIT COURT OF MADISON COUNTY, ALABAMA

KAYLA WHITE AS MOTHER V. ESTATE OF BRIAN R. BUENING

47-CV-2021-901236.00

The following complaint was FILED on 10/12/2021 3:39:25 PM

Notice Date: 10/12/2021 3:39:25 PM

DEBRA KIZER
CIRCUIT COURT CLERK
MADISON COUNTY, ALABAMA
MADISON COUNTY, ALABAMA
100 NORTHSIDE SQUARE
HUNTSVILLE, AL, 35801

256-532-3390
 DOCUMENT 1
ELECTRONICALLY FILED
10/12/2021 3:39 PM
47-CV-2021-901236.00
State of Alabama Case Number: CIRCUIT COURT OF
COVER SHEET MADISON COUNTY, ALABAMA
Unified Judicial System
CIRCUIT COURT - CIVIL CASE 47-CV-2021-901236.00
DEBRA KIZER, CLERK
(Not For Domestic Relations Cases) Date of Filing: Judge Code:
Form ARCiv-93 Rev. 9/18
10/12/2021

GENERAL INFORMATION
IN THE CIRCUIT COURT OF MADISON COUNTY, ALABAMA
KAYLA WHITE AS MOTHER v. ESTATE OF BRIAN R. BUENING

First Plaintiff: Business Individual First Defendant: Business Individual

Government Other Government Other

NATURE OF SUIT: Select primary cause of action, by checking box (check only one) that best characterizes your action:

TORTS: PERSONAL INJURY OTHER CIVIL FILINGS (cont'd)

WDEA - Wrongful Death MSXX - Birth/Death Certificate Modification/Bond Forfeiture Appeal/
TONG - Negligence: General Enforcement of Agency Subpoena/Petition to Preserve

TOMV - Negligence: Motor Vehicle CVRT - Civil Rights

TOWA - Wantonness COND - Condemnation/Eminent Domain/Right-of-Way

TOPL - Product Liability/AEMLD CTMP - Contempt of Court

TOMM - Malpractice-Medical CONT - Contract/Ejectment/Writ of Seizure

TOLM - Malpractice-Legal TOCN - Conversion

TOOM - Malpractice-Other EQND - Equity Non-Damages Actions/Declaratory Judgment/

Injunction Election Contest/Quiet Title/Sale For Division
TBFM - Fraud/Bad Faith/Misrepresentation
CVUD - Eviction Appeal/Unlawful Detainer
TOXX - Other:
FORJ - Foreign Judgment
FORF - Fruits of Crime Forfeiture
TORTS: PERSONAL INJURY
MSHC - Habeas Corpus/Extraordinary Writ/Mandamus/Prohibition
TOPE - Personal Property
PFAB - Protection From Abuse
TORE - Real Properly
EPFA - Elder Protection From Abuse
OTHER CIVIL FILINGS QTLB - Quiet Title Land Bank
ABAN - Abandoned Automobile FELA - Railroad/Seaman (FELA)
ACCT - Account & Nonmortgage RPRO - Real Property
APAA - Administrative Agency Appeal WTEG - Will/Trust/Estate/Guardianship/Conservatorship
ADPA - Administrative Procedure Act COMP - Workers’ Compensation
ANPS - Adults in Need of Protective Service CVXX - Miscellaneous Circuit Civil Case

ORIGIN: F INITIAL FILING A APPEAL FROM O OTHER

DISTRICT COURT

R REMANDED T TRANSFERRED FROM

OTHER CIRCUIT COURT

Note: Checking "Yes" does not constitute a demand for a

HAS JURY TRIAL BEEN DEMANDED? YES NO jury trial. (See Rules 38 and 39, Ala.R.Civ.P, for procedure)

RELIEF REQUESTED: MONETARY AWARD REQUESTED NO MONETARY AWARD REQUESTED

ATTORNEY CODE:
LEA013 10/12/2021 3:39:24 PM /s/ JAMES WILLIAM LEAGUE III
Date Signature of Attorney/Party filing this form

MEDIATION REQUESTED: YES NO UNDECIDED

Election to Proceed under the Alabama Rules for Expedited Civil Actions: YES NO
 DOCUMENT 2
ELECTRONICALLY FILED
10/12/2021 3:39 PM
47-CV-2021-901236.00
CIRCUIT COURT OF
MADISON COUNTY, ALABAMA
DEBRA KIZER, CLERK
CIRCUIT COURT OF MADISON COUNTY, ALABAMA

KAYLA WHITE as mother and )

custodial parent of TATE BUENING, a )
deceased minor child; )
)
Plaintiff, )
)
v. ) 47-CV-2021-
)
ESTATE OF BRIAN R. BUENING; )
)
Defendants. )

There may be other entities whose true names and identities are unknown to
plaintiff at this time who may be legally responsible for the claim(s) set forth
herein. The true names and identities will be added by amendment by plaintiff
when their true names and identities are accurately ascertained by further
discovery. Until that time, plaintiff will designate these parties in accordance
with ARCP 9(h). The word entity as used herein is intended to refer to and
include any and all legal entities including individual persons, any and all
forms of partnership, any and all types of corporations and unincorporated
associations.

Fictitious Defendant A being the correct legal name of the entity identified
herein as Estate of Brian R. Buening.

Fictitious Defendant B being the person or persons whose negligence or other

wrongful conduct proximately caused the death of Tate Buening.

)
Defendants. )

COMPLAINT

1. Plaintiff Kayla White is the mother and custodial parent of Tate Buening, a

deceased minor child, and is a resident of Madison County, Alabama.

2. Brian R. Buening died on or about August 6, 2021. At the time of his death, he was

a resident of Madison County, Alabama. Douglas C. Martinson, II has been appointed personal

representative of the Estate of Brian R. Buening.

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3. The true names and identities of the other fictitiously named defendants are

unknown to Plaintiff at this time and will be added by amendment in accordance with Rule 9(h)

of the Alabama Rules of Civil Procedure when their true names and identities are ascertained.

4. The acts and omissions complained of occurred in Madison County, Alabama, and

the amount in controversy exceeds the jurisdictional limit of this court.

FACTUAL ALLEGATIONS

5. Kayla White (f/k/a Kayla Buening) and Brian R. Buening, deceased, were the

Mother and Father of Tate Buening, deceased, and shared joint legal custody, with Ms. White

(Mother) having sole physical custody of the minor child.

6. Kayla White filed an Emergency Motion to Suspend Visitation or in the Alternative

Supervised Visitation on July 9, 2021, after receiving threatening messages from Defendant Brian

R. Buening.

7. On or about August 6, 2021, Brian R. Buening, deceased, shot and killed himself

and Tate Buening,

COUNT ONE – WRONGFUL DEATH

8. Plaintiff adopts and re-alleges the allegations of paragraphs one through seven as if

set forth in full here.

9. On August 6, 2021, Brian R. Buening negligently, wantonly and/or willfully shot

Tate Buening.

10. As a proximate result of the gunshot, Tate Buening died.

11. Kayla White as mother and custodial parent of Tate Buening, a deceased minor

child, is entitled to punitive damages imposed for the preservation of human life and to deter

similar wrongful conduct.

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WHEREFORE, Kayla White as mother and custodial parent of Tate Buening, a deceased

minor child, demands a judgment against The Estate of Brian R. Buening, in a fair and reasonable

amount of punitive damages plus costs.

COUNT TWO
FICTITIOUS DEFENDANTS

12. Plaintiff adopts and re-alleges paragraphs one through eleven as if set forth in full

herein.

13. Plaintiff alleges and avers that the wrongful, wanton or willful acts and/or

omissions of Fictitious Defendants A and B proximately caused and/or combined and concurred

with the wrongful acts and/or omissions of named defendant to proximately cause the death of as

set forth in Count One, above.

14. The true names and identities of Fictitious Defendants A and B are unknown to

plaintiff at this time and will be added by amendment in accordance with Rule 9 (h) of the Alabama

Rules of Civil Procedure when the true names and identities are ascertained.

WHEREFORE, Kayla White as mother and custodial parent of Tate Buening, a deceased

minor child, demands a judgment against The Estate of Brian R. Buening, in a fair and reasonable

amount of punitive damages plus costs.

/s/Will League
Will League (LEA013)

Siniard, Timberlake, & League, P.C.

Attorneys for Plaintiff
125 Holmes Avenue
Post Office Box 2767
Huntsville, Alabama 35804
Telephone: 256-536-0770
Facsimile: 256-539-0540
League@law-injury.com

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SERVE DEFENDANTS VIA U.S. CERTIFIED MAIL

Estate of Brian R. Buening, deceased

c/o Douglas C. Martinson, II, Personal Representative
MARTINSON & BEASON, P.C.
115 North Side Square
Huntsville, Alabama 35801-4822