State of Tennessee © In the Circuit Court of Hamilton Cowity 0S ‘TURISIA ROBINSON and COREY FLETCHER, individually and aan NOV es as parents and next friends of NASZAKOR FLETCHER, a minor L.HENRY LER ~ Plaintiff oc DURHAM SCHOOL SERVICES, L. P., NATIONAL EXPRESS, No ‘You are hereby noliied that you willbe subjet to LLC, and JOHNTHONY WALKER appearance in the State of Tennessee for the Defendant purposes of giving a pre-tial éiscovery depostion ‘pon proper notice being given pursuant to Tenn, Code Ann, See, 20-2-203/¢), SUMMONS SERVE THROUGH THE SHERIFF OF KNOX COUNTY: to; Durham School Services, LP, clo CT Comporation System, 800 S. Gay Street, Suite 2021, Knoxville, TN 37929 Defendant ‘Address ‘SERVE THROUGH THE SECRETARY OF STATE: National Express, LLC, clo CT Corporation Systm, Defendant Address SERVE THROUGH THE SHERIFF OF HAMILTON COUNTY: Johnthony Walker, clo Ronald D, Wells, 633 Chestnut Street, Suite 700, Chattanooga. TN 37450__ Defendant Address 108 South LaSalle Street, Suite 814, Chicago, TL 60604 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 in 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 Concur Coun or Hamuron Coury Larry L. Henry, Circuit Court Clerk ‘500 Courthouse 625 Geoncn Avenue By 7 Cuaranoosa, Tennessee 37402 Deputy Circuit Court Clerk 473/209-6700 Aetorneys for Plaintiff __Berke, Berke & Berke, P. O. Box 4747, Chattanooga, TN $7405. ‘Address Alaintift's Address __/o Attomeys - Received this day of. 20. 1S/- ee Y Deputy Sherif J oacoonomaron. rom assirance Att 282800now ort IN THE CIRCUIT COURT FOR HAMILTON COUNTY, HENS . qu nov -3 PH 05 LERK ‘TURISIA ROBINSON and COREY FLETCHER, individually and as parents and next friends of NASZAKOR FLETCHER, a minor LARRY L- HENRY NO. (enae C+ « Plaintiffs, DIVISION v. JURY DEMAND DURHAM SCHOOL SERVICES, L.P., NATIONAL EXPRESS, LLC and JOHNTHONY WALKER Defendants. COMPLAINT Come now the Plaintiffs, Turisia Robinson and Corey Fletcher, individually and as. parents and next friends of Naszakor Fletcher, a minor, by and through counsel, and would show this Honorable Court as follows: PARTIES, JURISDICTION AND VENUE, 1, Plaintiffs Turisia Robinson and Corey Fletcher are the parents and natural guardians of Naszakor Fletcher, a minor child, who was injured as a result of a motor vehicle collision that occurred 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 Page 1 of 51431 Opus Place, Suite 200, Downers Grove, Illinois. Durham may be served through its, registered agent CT Corporation System, 800 8. Gay Street, Suite 2021, Knoxville, TN 37929. 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, I 60604. 5. Defendant Johnthony Walker (“Walker”) is a resident of Tennessee and may be served through his attorney 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, § 16-10-10 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. Naszakor Fletcher was a passenger on the bus. Page 2 of S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. 1], 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, 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, Plaintiffs allege 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. §55-8-152. 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. Page 3 of 515, The Defendants also violated the provisions of the Motor Vehicle Carrier Safety Regulations. These will be specified after discovery. 16, Naszakor Fletcher was a passenger on the bus and suffered a traumatic brain injury and other physical and psychological injuries. She was forced to obtain medical treatment, incurred medical expenses, and suffered both physical and mental pain and suffering. She was disfigured, and she was scarred both physically and mentally. She lost the enjoyment of life, and lost earning capacity. Her injuries are permanent and the damages will continue for her lifetime. 17. Turisia Robinson and Corey Fletcher are the parents of Naszakor Fletcher, who is a minor. They are responsible for her medical bills. They also lost her services and companionship. 18. In addition to the previous allegations, which are hereby incorporated by reference, Plaintiffs allege 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, Plaintiffs Turisia Robinson and Corey Fletcher sue the Defendants for compensatory damages in the amount of $975,000.00 and punitive damages in the amount of $9,750,000.00. Naszakor Fletcher, by next friends and parents Turisia Robinson and Corey Fletcher, sues the Defendants for compensatory damages in the amount of $3,250,000.00 and punitive damages in the amount of $32,500,000.00. All Plaintiffs seek prejudgment interest. All Plaintiffs demand a jury to try this case when joined. Page 4 ofSBERKE, BERKE & 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, IL 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