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IN THE STATE COURT OF GWINNETT COUNTY
STATE OF GEORGIA
FRANCES DEFENDORF, as the
Guardian of LINDSAY PIKE,
Plaintiff,
v.
MIDWEST TERMINALS OF TOLEDO,
INC., MIDWEST TERMINALS OF
TOLEDO, INTERNATIONAL, INC.,
IRONVILLE RAIL AND TRANSFER,
LLC, and TREY WILSON,
Defendants.
JURY TRIAL DEMANDED
CIVIL ACTION
FILE NO. _______________________
COMPLAINT FOR DAMAGES
COMES NOW Plaintiff Frances Defendorf, as the Guardian of Lindsay Pike, and files this
Complaint for Damages against Defendants Midwest Terminals of Toledo, Inc., Midwest
Terminals of Toledo, International, Inc., Ironville Rail and Transfer, LLC, and Trey Wilson,
showing the Court as follows:
PARTIES AND JURISDICTION
1.
Lindsay Pike is an adult; however, as a result of the catastrophic, life-changing injuries she
sustained because of the Defendants’ reckless conduct, her mother, Frances Defendorf, has been
appointed as her Guardian by the Probate Court of Bartow County. Frances Defendorf files this
action on behalf of Lindsay Pike, as Lindsay’s Guardian, to recover all damages arising out of
Lindsay’s injuries.
E-FILED IN OFFICE - NS
CLERK OF STATE COURT
GWINNETT COUNTY, GEORGIA
CLERK OF STATE COURT
20-C-01336-S4
2/24/2020 1:59 PM
20-C-01336-S4
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2.
Defendant Midwest Terminals of Toledo, Inc. (“Midwest Terminals”) is a Delaware
corporation. Defendant Midwest Terminals may be served with Summons and Complaint on its
registered agent, Harvard Business Services, Inc., 16192 Coastal Highway, Lewes, Sussex County,
Delaware, 19958.
3.
Defendant Midwest Terminals of Toledo, International, Inc. (“Midwest International”) is
an Ohio corporation. Defendant Midwest International may be served with Summons and
Complaint on its registered agent, Laura Nemeth, 4900 Key Tower, 127 Public Square, Cuyahoga
County, Cleveland, Ohio 44114.
4.
Ironville Rail & Transfer, LLC (“Ironville”) is a foreign limited liability company
registered to transact business in Georgia. Ironville may be served with process on its registered
agent, CT Corporation System, 289 S. Culver Street, Lawrenceville, Gwinnett County, Georgia
30046.
5.
Defendant Trey Wilson is a citizen and resident of Ohio, residing at 2462 Tracy Road, Apt.
2, Northwood, Wood County, Ohio 43619. At all relevant times, Defendant Wilson was acting in
the course and scope of his employment for Defendants Midwest Terminals and Ironville.
Defendant Wilson may be served with Summons and Complaint at his residence or as otherwise
allowed by law.
6.
Venue in the above-styled civil action is proper in this County and Court.
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FACTS
7.
Plaintiff realleges and incorporates by reference the foregoing paragraphs as if they were
fully restated verbatim herein.
8.
On November 17, 2019, Lindsay Pike was driving her car in a safe and careful manner on
Henderson Road in Bartow County, Georgia at its intersection with GA State Route 61.
9.
At the same time, Defendant Wilson, acting in the course and scope of his employment for
Defendants Midwest Terminals, Midwest International, and Ironville, was driving a company
truck on GA State Route 61 while under the influence of alcohol and while driving on a suspended
or revoked license.
10.
As Defendant Wilson approached the intersection with Henderson Road, he had a red light.
Lindsay Pike entered the intersection on a green light. Defendant Wilson failed to obey his red
traffic signal and crashed into the driver’s side of Lindsay Pike’s car at a high rate of speed.
11.
As a direct and proximate result of the collision, Lindsay Pike sustained serious physical,
mental, and emotional injuries, and she has experienced, and will continue to experience, physical
pain and suffering, mental and emotional distress, permanent impairment and disability,
diminished capacity to labor, and bodily disfigurement. Plaintiff has incurred significant medical
expenses and will continue to incur medical expenses into the future.
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COUNT I – CLAIM AGAINST DEFENDANTS FOR NEGLIGENCE
12.
Plaintiff realleges and incorporates by reference the foregoing paragraphs as if they were
fully restated verbatim herein.
13.
At all relevant times, Defendant Wilson owed certain civil duties to Lindsay Pike.
Notwithstanding those duties, Defendant Wilson did violate them in the following particulars:
a. In failing to exercise due care in the operation of a vehicle;
b. In failing to obey a traffic control device in violation of O.C.G.A. § 40-6-90;
c. In driving recklessly in violation of O.C.G.A.§ 40-6-390;
d. In traveling in excess of the speed limit in violation of O.C.G.A. § 40-6-180, § 40-
6-181, and § 40-1-182;
e. In driving under the influence of alcohol in violation of O.C.G.A. § 40-6-391;
f. In driving with a suspended or revoked license in violation of O.C.G.A. § 40-5-
121;
g. In failing to make reasonable and proper observations while driving a vehicle; or,
if reasonable and proper observations were made, in failing to act thereon;
h. In committing other negligent and reckless acts and omissions as may be shown by
the evidence and proven at trial.
14.
Defendants’ violations of the aforementioned duties of care constitute negligence per se,
that is, negligence as a matter of law, as well as negligence as a matter of fact.
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15.
Defendants Midwest Terminals, Midwest International, and Ironville are liable for the
negligent acts and omissions of its employee, Defendant Wilson, under the doctrine of respondeat
superior.
16.
As a direct and proximate result of Defendants’ negligence, Lindsay Pike sustained serious
physical, mental, and emotional injuries, and she has experienced, and will continue to experience,
physical pain and suffering, mental and emotional distress, permanent impairment and disability,
diminished capacity to labor, and bodily disfigurement. Plaintiff has incurred significant medical
expenses and will continue to incur medical expenses into the future. As a result, Plaintiff is
entitled to an award of special and general damages in an amount to be proven at trial.
COUNT II – CLAIM AGAINST DEFENDANTS MIDWEST TERMINALS, MIDWEST
INTERNATIONAL, AND IRONVILLE FOR NEGLIGENT ENTRUSTMENT
17.
Plaintiff realleges and incorporates by reference the foregoing paragraphs as if they were
fully restated verbatim herein.
18.
Defendants Midwest Terminal, Midwest International, and Ironville had a duty to exercise
ordinary care in entrusting the company truck to Defendant Wilson.
19.
Defendants Midwest Terminals, Midwest International, and Ironville breached their duty
to exercise ordinary care in entrusting the company truck to Defendant Wilson with knowledge of
his incompetence to operate the truck.
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20.
As a direct and proximate result of Defendants Midwest Terminals, Midwest International,
and Ironville’s negligent entrustment, Lindsay Pike sustained serious physical, mental, and
emotional injuries, and she has experienced, and will continue to experience, physical pain and
suffering, mental and emotional distress, permanent impairment and disability, diminished
capacity to labor, and bodily disfigurement. Plaintiff has incurred significant medical expenses
and will continue to incur medical expenses into the future. As a result, Plaintiff is entitled to an
award of special and general damages in the amount to be proven at trial.
COUNT III – CLAIM AGAINST DEFENDANTS MIDWEST TERMINALS, MIDWEST
INTERNATIONAL AND IRONVILLE FOR NEGLIGENT HIRING, RETENTION,
TRAINING, AND SUPERVISION OF DEFENDANT WILSON
21.
Plaintiff realleges and incorporates by reference the foregoing paragraphs as if they were
fully restated verbatim herein.
22.
Defendants Midwest Terminal, Midwest International, and Ironville had a duty to exercise
ordinary care in hiring, retaining, training, and supervising Defendant Wilson.
23.
Defendants Midwest Terminals, Midwest International, and Ironville breached their duty
to exercise ordinary care in hiring, retaining, training, and supervising Defendant Wilson.
24.
As a direct and proximate result of Defendants Midwest Terminals, Midwest International,
and Ironville’s negligent hiring, training, and supervision of Defendant Wilson, Lindsay Pike
sustained serious physical, mental, and emotional injuries, and she has experienced, and will
continue to experience, physical pain and suffering, mental and emotional distress, permanent
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impairment and disability, diminished capacity to labor, and bodily disfigurement. Plaintiff has
incurred significant medical expenses and will continue to incur medical expenses into the future.
As a result, Plaintiff is entitled to an award of special and general damages in the amount to be
proven at trial.
COUNT IV – CLAIM AGAINST DEFENDANTS FOR PUNITIVE DAMAGES
25.
Plaintiff realleges and incorporates by reference the foregoing paragraphs as if they were
fully restated verbatim herein.
26.
The conduct of the Defendants showed willful misconduct, wantonness, malice, and an
entire want of care that raises the presumption of their conscious indifference to the consequences
of their acts, conduct, and omissions. As a result, Plaintiff is entitled to an award of punitive
damages from Defendants that is sufficient to punish, penalize, and deter them.
COUNT V – CLAIM AGAINST DEFENDANTS FOR ATTORNEY’S FEES AND
EXPENSES OF LITIGATION UNDER O.C.G.A. § 13-6-11
27.
Plaintiff realleges and incorporates by reference the foregoing paragraphs as if they were
fully restated verbatim herein.
28.
Defendants acted in bad faith in the underlying transaction. As a result, pursuant to
O.C.G.A. § 13-6-11, Plaintiff is entitled to an award of attorney’s fees and expenses of litigation.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully prays and demands as follows:
1. That Process and Summons issue, as provided by law, requiring Defendants to
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appear and answer Plaintiff’s Complaint;
2. That service be had upon Defendants as provided by law;
3. That the Court award and enter a judgment in favor of Plaintiff and against
Defendants for special and general damages in an amount to be proven at trial;
4. That the Court award and enter a judgment in favor of Plaintiff and against
Defendants for punitive damages in an amount sufficient to punish and deter;
5. That the Court award and enter a judgment in favor of Plaintiff and against
Defendants for attorney’s fees and expenses pursuant to O.C.G.A. § 13-6-11;
6. That Plaintiff have a trial by a jury as to all issues; and,
7. That Plaintiff have such other and further relief as the Court may deem just and
proper.
Respectfully Submitted,
THE CHAMPION FIRM, P.C.
By: /s/ Darl H. Champion
Darl H. Champion, Jr.
Georgia Bar No. 910007
Morgyn Graber
Georgia Bar No. 334671
2675 Paces Ferry Road SE
Suite 260
Atlanta, GA 30339
(404) 596-8044
(404) 671-9347 fax
morgyn@thechampionfirm.com
