Jones, III v. Federal Express Corporation

Filing 1

COMPLAINT filed by Thomas C. Jones, III against Federal Express Corporation with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-3411928 - Fee: $ 350. County of 1st Plaintiff: Oakland - County Where Action Arose: Oakland - County of 1st Defendant: Out of State. [Previously dismissed case: No] [Possible companion case(s): None] (Howlett, Thomas)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN

THOMAS C. JONES, III,
Plaintiff,

Case No.

vs.

Honorable

FEDERAL EXPRESS CORPORATION,
Defendant.

COMPLAINT AND JURY DEMAND
Plaintiff Thomas C. Jones, III, by and through his attorneys, The Googasian Firm, P.C.,
alleges as follows:
Nature of Action
1.

This diversity action arises from a rear-end truck accident caused by a truck owned

and operated by Defendant Federal Express on Interstate 75 in Oakland County, Michigan on
March 10, 2010 that caused serious harm to Plaintiff Thomas C. Jones III.
Parties
2.

Plaintiff Thomas C. Jones, III (“Mr. Jones”) is a resident of Oak Park, Michigan in

Oakland County, Michigan in this District.
3.

Defendant Federal Express Corporation (“Fed Ex”) is an active foreign corporation

which, upon information and belief, is headquartered in Tennessee and incorporated in Delaware.
4.

Fed Ex regularly conducts business in this District.

Jurisdiction and Venue
5.

Defendant’s negligence and Plaintiff’s injuries occurred in Oakland County,

Michigan in this District.
6.

This Court has original jurisdiction of this matter pursuant to 28 U.S.C. § 1332.

7.

Venue is proper pursuant to 28 U.S.C. § 1391.

8.

The amount in controversy exceeds $75,000 exclusive of interest and costs.
Common Allegations

9.

On March 10, 2010, Defendant Fed Ex was the owner of a 1997 white freightliner

van with a Michigan license plate no. AC01029 (the “FedEx Truck”).
10.

In March 2010, Mr. Jones was gainfully employed by Wayne State University where

he had worked in the office of undergraduate admissions for nearly six years and received
promotions and raises.
11.

In March 2010, Mr. Jones was often the first point of contact for prospective students

and their families visiting Wayne State University, and he had received praise for the job he
performed.
12.

At the time of the accident giving rise to this action, the Fed Ex Truck was operated

by Russell S. Foster (“Mr. Foster”), an employee or agent of Fed Ex.
13.

Upon information and belief, Mr. Foster had been cited for poor driving and other

neglects of duty prior to the accident that gives rise to this action.
14.

At the time of the accident giving rise to this action, Mr. Foster was operating the Fed

Ex Truck with Fed Ex’s knowledge and consent.

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15.

On March 10, 2010, at approximately 7:20 p.m., Mr. Jones was driving north in a

Chrysler Sebring on Interstate 75 near the Palace of Auburn Hills.
16.

The Fed Ex Truck operated by Mr. Foster was behind Mr. Jones’s vehicle.

17.

While Mr. Jones was lawfully stopped for traffic, he was struck from behind by the

Fed Ex Truck operated by Mr. Foster.
18.

The Fed Ex Truck failed to stop and collided into the back of Mr. Jones’s car, causing

the accident.
19.

Due to the impact of the rear-end collision, Mr. Jones’s body was jerked back and

forward, causing his head to hit the windshield.
20.

Mr. Jones was wearing his seat belt at the time of the accident.

21.

Mr. Jones received emergency medical treatment at William Beaumont Hospital in

Royal Oak for treatment of head, neck and shoulder injuries.
22.

As a direct and proximate result of the accident, Mr. Jones suffered serious injuries

and impairment to body functions that have greatly affected his ability to lead his life, including, but
not limited to, lumbar annular tears, cervical disc bulges, thoracic disc bulges, chronic headaches,
chronic and severe back pain, arm numbness, ulcers, gastritis, and acute renal failure, as well as a
loss of his job and loss of income.
23.

Mr. Jones has been hospitalized multiple times since the accident due to injuries and

other medical complications relating to the accident.
24.

Mr. Jones has undergone multiple epidural and facet steroid blocks since the accident

due to severe back pain relating to the accident.

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Count I
Owner’s Liability
25.

Plaintiff incorporates by reference the preceding allegations.

26.

Defendant Fed Ex was the legal title holder and owner of the Fed Ex Truck that was

operated by its employee or agent at the time of the accident.
27.

Defendant Fed Ex and its employee or agent owed numerous statutory and common

law duties to Mr. Jones, including, but not limited to, the duty to exercise reasonable care so as to
protect the safety, health and life of Mr. Jones and others and also the duty to obey all of the rules
and laws imposed by both the State of Michigan’s Motor Vehicle Code and common law.
28.

Fed Ex’s employee or agent breached duties owed to Mr. Jones in numerous ways,

including, but not limited to, by:
a.

Driving without due care and caution and in such a manner so as to endanger
the Plaintiff;

b.

Driving a motor vehicle more closely than is reasonable and prudent given
the speed of the vehicles, traffic, and conditions of the highway, in violation
of MCL 257.643;

c.

Driving in excess of the posted speed limit and/or otherwise failing to drive
his motor vehicle at a careful and prudent speed, given the traffic, surface and
width of the highway, and other existing conditions, in violation of MCL
257.627;

d.

Failing to warn by sounding a horn, in violation of MCL 257.706; and,

e.

Driving in a willful or wanton disregard for the safety of other persons,
including Plaintiff, in violation of MCL 257.626.
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29.

Pursuant to the Michigan Owner’s Liability Act, Defendant Fed Ex is responsible for

Mr. Jones’s injuries.
30.

As a direct and proximate result of the accident caused by the Fed Ex Truck operated

by Fed Ex’s employee or agent, Mr. Jones suffered serious injuries and impairment to body
functions that have greatly affected his ability to lead his life, including, but not limited to, lumbar
annular tears, cervical disc bulges, thoracic disc bulges, chronic headaches, chronic and severe back
pain, arm numbness, ulcers, gastritis, and acute renal failure, as well as a loss of his job and loss of
income.
31.

Mr. Jones’s damages include, but are not limited to, pain and suffering, emotional

distress, loss of income, and loss of household services.
WHEREFORE, Plaintiff, by and through his attorneys, The Googasian Firm, P.C.,
respectfully requests a judgment against Defendant in an amount in excess of the $75,000
jurisdictional limit, together with costs, interest and attorney fees.

Count II
Negligent Entrustment
32.

Plaintiff incorporates by reference the preceding allegations.

33.

Defendant Fed Ex owed numerous statutory and common law duties to Mr. Jones,

including, but not limited to, the duty to exercise reasonable care so as to protect the safety, health
and life of Mr. Jones and others and also the duty to obey all of the rules and laws imposed by both
the State of Michigan’s Motor Vehicle Code and common law.
34.

Defendant Fed Ex knew or should have known that its employee, Mr. Foster, was an

unsafe and/or incompetent driver.

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35.

Defendant Fed Ex was independently negligent and breached its own duties to

Plaintiff by entrusting its motor vehicle to Mr. Foster.
36.

As a direct and proximate result of the accident caused by the Fed Ex Truck operated

by Fed Ex’s employee or agent, Mr. Jones suffered serious injuries and impairment to body
functions that have greatly affected his ability to lead his life, including, but not limited to, lumbar
annular tears, cervical disc bulges, thoracic disc bulges, chronic headaches, chronic and severe back
pain, arm numbness, ulcers, gastritis, and acute renal failure, as well as a loss of his job and loss of
income.
37.

Mr. Jones’s damages include, but are not limited to, pain and suffering, emotional

distress, loss of income, and loss of household services.
WHEREFORE, Plaintiff, by and through his attorneys, The Googasian Firm, P.C.,
respectfully requests a judgment against Defendant in an amount in excess of the $75,000
jurisdictional limit, together with costs, interest and attorney fees.
THE GOOGASIAN FIRM, P.C.
By /s/ Thomas H. Howlett
Thomas H. Howlett (P57346)
Attorneys for Plaintiff
6895 Telegraph Road
Bloomfield Hills, MI 48301-3138
248/540-3333
Dated: March 1, 2012

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JURY DEMAND
Plaintiff, by and through his attorneys, The Googasian Firm, P.C., hereby demands a trial
by jury in the above entitled cause.

THE GOOGASIAN FIRM, P.C.
By /s/ Thomas H. Howlett
Thomas H. Howlett (P57346)
Attorneys for Plaintiff
6895 Telegraph Road
Bloomfield Hills, MI 48301-3138
248/540-3333
Dated: March 1, 2012

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