CRUZ v. FEDEX GROUND PACKAGE SYSTEM, INC. et al complaint
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Transcript of CRUZ v. FEDEX GROUND PACKAGE SYSTEM, INC. et al complaint
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8/10/2019 CRUZ v. FEDEX GROUND PACKAGE SYSTEM, INC. et al complaint
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State
Court of
Fulton
County
***EFILED***
GEORGIA, FULTON COUNTY
Second
Original
. ___ l l ~ & ServeXpress
DO
NOT WRITE II'l T H I ~ ~ l o n ID: 56072236
Date:
Sep 23 2014 9 ~ 1 8 A M
STATE COURT
OF
FULTON COUNTY
CIvil Clvls10n
Stephanie Cruz
clo
Graham & Jensen, LLP
17 Executive
Park
Drive, Suite 115
Atlanta, Ge
or
gia
30329
Plaintiffs Name,
Address, Cily, State,
Zip Code
18.
CIVIL ACTION
FILE
NO. Cicely
Barber, Clerk
u NOTE-
DESIGNATED
E.FILE
C A S e M ~ W R
AND
At.L
PLEADINGS
MUST BE
EFILED
****
CCINTACT
THE
COURT
AT 404.613.
5040
AND
lEXISNEXIS CUSTOMER SUPPORT AT 1.888.529 .
7587
TYPE
OF
SUIT
I ] ACCOUNT
I ]
CONTRACT
{
]NOTE
1
]TORT
( IPERSONAL INJURY
[ JFOREIGN
JUDGMENT
AMQUNT
OF SUiT
PRINCIPAL
INTEREST _ _
AnY
FEES
,
FedEx Ground Package System Inc. clo ~ ~ ~ ~
LIEN
COURT
COST
Corporation Process Company, 2180 Satellite
[ )
NEW FILING
Duluth, Georgia
30097 ( I
RE-FILlNG: PREVIOUS
CASE
NO.
Defendants Name. Address, City. State, Zip Code
SUMMONS
TO THE ABOVE NAMED-DEFENDANt
:
You are hereby required to file
wnh
the
Clerk of
said court and to serve
acopy
on the PlalnUffs
Attorney,
or on Plaintiff
if
no Attorney, to-wi :
Name: Eric l Jensen
Address:17 Executive Park Drive, Suite 115
Cily.
State
, Zip
CodaAtlanta, Ge orgia 30329 Phone No.
:
404 842 9380
An answer to the complaint which is herew
i
th
served
on you, within
thirty
(30) days after
service
on you, exclusive of
Ihe
day
of service.
It
you
fail to do
so, judgment by default will be
taken
against you for the relief demanded in
the complaint.
plus cost of this
action.
DEFENSE MAY
BE MADE
&
JURY
TRIAL
DEMA
NOED
,via electronic filing through
LexisNexis
or
,
f desired. attha e-filing public access tenninal in the
elEn's
Office at 185 Central Ave.,
SW.,
Room
TG100, AUanta,
GA
30303.
Thls - -
Cleely Barber,
Chief Clen (electronic signature)
If
the sum claimed in the suit, orvalue
of
the property sued for, is $300.00 or more PrinCipal.
the
defendant must
admit
or deny the paragraphs of
plaintiffs petition
by
making written
Mswer
.
Such
paragraphs undenied will be laken
as
true
. Iflhe
plaintiffs petition
is swom to, r Ifsuit is
based on
an
unconditional contract1n writing. then the defendant 's
anSwer
ml)st be swom to.
ff
the
princ i
pal sum claimed in he suit.
or
value
of the property
sued ror, is
less
than 300.00,
end
Is
on a note,
uncond
itional contract,
account
swom
to,
or the petillon
swom
to,
defense must be made
byiUing a
swom
answer setting
up
the facts
relied on as adefense
.
SERVICE INFORMA nON
Served. this ay of
, 20
DEPUTY MARSHAL, STATE COURT
OF
FULTON COUNTY
WRITE
VERDICT HERE
:
We,
the Jury, find for
~ ~ ..
-.
-.--
This a y o f ~ ~ 20____
_
oreperson
(STAPLE TO
FRONT OF COMPLAINn
EXHI IT
j
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Second Origina l
State
ourt of
Fulton County
***EFILED***
IN
THE STATE COURT
OF
FULTON COUNTY
STATE OF GEORGIA
File ServeXpress
Transaction ID:
56072236
Date: Sep
23 2014 09:18AM
Cicely Barber
Clerk
Civil DivIsion
STEPHANIE CRUZ,
Plaintiff,
vs.
FEDEX GROUND PACKAGE SYSTEM, INC.,
MICHAEL BRYANT,
USA
TRUCK, INC.,
ACE
AMER1CAN
INSURANCE COMPANY,
FEDERAL lNSURANCE COMPANY, and
JOHN DOE
Defendants.
~ [ P L I N T
Civil Action Number:
COMES NOW Plaintiff, Stephanie Cruz, ( Plaintjff'),
files
her Complaint, through
undersigned counsel, and respectfully shows the Court
as follows:
1.
Plaintiff is a resident
of
the
Slate
ofGeorgia.
2.
FedEx Ground Package System,
Inc.
is
Ii
foreign corporation existing under the laws
of
Pennsylvania with its principal place of business in Pennsylvania and may be served through
its
registered agent, Corporation Process Company, 2180 Satellile Boulevard, Duluth, Gwilmetl
County,
Georgia
30097 and is subject
to tJ e jurisdiction
of
this Court.
3.
Federal Insurance Company is a
foreign
corporation existing under the laws of New
Jersey with its principal
pl ce of bUsiness in
New Jersey and may be served througb
its
registered
agent, CT Corporation System,
1201
Peachtree Street, Northeast, Atlanta, Fulton County,
Georgia 3036 I. and is subject to the jurisdiction of this Court.
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4.
Ace American Insurance Company is a foreign corporation existing under the laws of
Pennsylvania with its principal place o business
in
Pennsylvania
and
may
be
served through its
registered agent, Mark G. Irwin, 500 Colonial Center Parkway, Suile 200, Roswell, Georgia
30076, and is subject
to
the jurisdiction o this Court.
5.
Michael Bryant is a Texas resident. He may be served wilh a copy o the summons and
Complaint in this action at his home address: ) 500 VZ County Road
25
J2 Canton, Texas 75103.
6.
USA Truck, Inc. is a foreign corporation existing under the laws
o
Arkansas with its
principal place o business in Arkansas
UJd
may
be
served through its registered agent, CT
Corporation System, 120 I Peachtree Street, Northeast, Atlanta, F\llton Count) , Georgia
30361
and is subject to the jurisdiction o this Court.
7.
Jwisdiclion and venuc arc proper
in
this Court per O.C.G.A, 40-1-1) 7(b).
BACKGROUND
8.
On May 20, 2014, Plaintiff traveled southbound on Interstate 85 in :Jackson County,
Georgia in her )997 Nissan Altima.
9.
On
ay 20, 2014
efendant
John Doe traveled southbound
on
Interstate 85
in
Jackson
County, Georgia ddving a tractor trailer owned
by
FedEx Ground Package System, Inc.
2
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10.
On May 20,2014, Defendant Michael Bryant traveled southbound
on
Interstate 85
in
Jackson County, Georgia dl;ying a tractor trailer owned
by USA
Truck.
11
At the time of the subject collision, Plaintiff traveled in the far right lane.
12.
As Plaintiff drove, Defendant FcdEx s tractor trailer struck the rear driver s side of her
vehicle, causing her vehicle to spin around and strike the guardrail.
13.
After PlainHff struck the guardrail,
D t ~ f l l d a n t
Michael Bryant struck the rear passenger
side
o
her vehicle.
14.
Following the collision, Defendant John Doc fled the scene o the collision without
stopping.
IS
The impact
o Ihe
collision caused damage
to
PlainUfrs vehicle.
16
As a result o the collision,
Plaintiff
suffered injuries.
17
Plaintiff is entitled to recover all past present, and future damages suffered as a result o
this incident.
3
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COUNT I: NEGLIGENCE JOHN
DOE
18.
Plaintiff incorporates by reference each earlier paragraph
of
this Complaint with the full
force and effect
as
iftbey were restated verbatim.
19.
Defendant John Doc was negligent
in
failing to maintain a proper lookout for Plaintiff s
vehicle, failing to maintain lane, following too closely, and leaving
the
scene of a collision.
20.
Defendant John Doe s negligence was
the
sole and proximate cause of collision, and
Plaintiffs resulting injuries .
21.
As
a direct and proximate result of Defendant Doe s negligence Plaintiff suffered injuries
and domages. Plaintiff is entitled
to
monetary damages from Defendants to compensate
her for
the following elements
of
damage:
a.
Medical expense;
b
Pain and
suffcling;
c.
Mental anguish;
d.
Lost wages;
e.
Punitive damages; and
f.
Diminished quality oflile.
22.
As
a proximate and direct result ofDciendant Doe s negligence, PlaintiffsuITcred special
damages.
4
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23.
Defendant Doe s conduct was reckless. willful
and
wanton, and demonstrates a conscious
indifference to consequences o their actions and entitles Plaintiff to an award of punitive
damages.
24.
Defendant
Doe has
been stubbornly litigious, acted in
bad
faith, nnd have caused Plaintiff
to incur unnecessary trouble and expense for which she is entitled to recover attorney s fees
costs, and expenses, pursuant to
Q Ca A.
13-6-1 .
WHEREFORE, Plaintiff demands judgment against Defendants for special damages
in
an
amount to be proven at trial, for general damages for pain and suffering and loss
o
enjoyment
of
life
in
amounts to be detennined at
trial.
together with pre and post judgment interest as
allowed by law, punitive damages, attorney s fees costs, expenses pursuant to O.C.G.A. 13-6-
11 and for such other and further relief as this Court deems just and proper.
COUNT II: NEGLIGENCE- MICHAEL BRY ANT
25.
Plaintiff
incorporates
by
reference
each
earlier paragraph
o
this
Complaint
with the
full
force ilnd effect as i they were restated verbatim.
26.
Defendant Bryant was negligent in failing
to
maintain a proper lookolll for Plaintiff s
vehicle, following too closely,
and
colliding with Plaintiff s vehicle.
27.
Defendant Bryant s negligence
was
the
sole
and proximate
cause o
the collision,
and
Plainfifrs reslJlting injuries.
5
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28.
As a direct and proximate result of Defendant Bryant s negligence, Plaintiff suffered
injuries and damages. Plaintiff is entitled
to
monetary damages from Defendant
Bryant to
compensate
11cr
for
the
following elements
of damage:
a
MedicHI expense;
b.
Pain
and
suffering;
c.
Mental anguish;
d.
Lost
wages;
e
Punitive damages; and
f
Dimillishe -i
quality oflife.
29.
As
a
proximate and
direct
result
of
Defendant Bryant s negligence, Plaintitf suffered
special damages.
30.
WHEREFORE,
Plaintiff demands judgment against
Defendant
Bryant
for
special
damages in an ammml to be proven
at
trial,
for
general damages for pain and suffering and loss
of enjoyment of life
in
amounts
to
be determined
at
trial, together
with
pre and post judgment
interest as allowed by law, and for such other and further relief
as
this Court deems just and
proper.
COUNT Ill IMPUTED LIABILITY. Fl :DEX GROUND P CK GE SYSTEM, JNC.
31.
Plaintiff incorporates by reference each earlier paragraph of this Complaint with the fuJI
force and effect as if they werc restated verbatim.
6
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32.
At th time
of
the subject collision, Defendant Doe was under dispatch for Defendant
Fedex Ground Package System. Inc.
33.
Defendant Fedex Ground Package System
t
Inc. is responsible for the actions
of
Defendant Doe with regard to
the
collision described
in this
Complaint under the doctrine
of
lease liability, respondent superior, agency and/or apparent liability.
34.
As
a direct and proximate result
of Defendants
negligence, Plaintiff
suffered
injuries and
damages.
Plaintif f is entit led to monetary damages from Defendants to compensate her for the
following eleplents
of
damage:
a. Medical expense;
b.
Pain and suffering;
c.
Mental anguish;
d.
Lost
wages;
e.
Punitive damages; and
f
Diminished quality
of
life.
35.
As a
proximate and
direct
result
of
Defendants
negligence, Plaintiff
suffered
special
damages.
7
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36.
Defendants conduct was reckless, willful and wanton, and demonstra1es a conscious
indifference to conseqllences of their actions and entitles Plaintiff
to an
award of plmitive
damages.
37.
Defendants have been stubbornly litigious,
acted
in
bad faith,
and
have caused Plaintiff
to
incur U1mecessary trouble and expense
tor
which she
is
entitled to recover attorney s fees, costs,
and expenses, pursuant to O.C.G.A.
13-6-1).
WHEREFORE, Plaintiff demands judgment against Defendants for special damages in
an amount to be proven at trial, for general damages for pain and suffering and loss
of
enjoyment
of life
in
amounts to be determined at trial, together with pre and post
jud rrnent
interest as
allowed
y
law, punitive damages, attorney s fees, costs, expenses pursuant to O.e.G.A. 13-6-
)
1,
and for such other and further relief as tllis Court deems just and proper.
COUNT lV: lMPUTED LJABlLlTY- USA TRUCK, INC.
38.
Plaintiff incorporates
y
reference each earlier paragraph
of
this Complaint with the
full
force
rm
effect
as jf
they were restated verbatim.
39.
At the time of the subject collision, Defendlmt Michael Bryant was lmder dispatch
for
Defendant USA Truck, Inc.
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40.
Defendant USA Truck, Inc. is responsible for the actions
o
Defendant Michael Bryant
with regard to the collision described in this Complaint under the doctrine
o
lease liability
respondent superior, agency and/or apparent liability.
41
As a direct and proximate result o Defendants negligence, Plaintiff suffered injuries and
damages. Plaintiff
is
entitled to monetary damages from Defendants to compensate her for the
following elements
o
damage:
a. Medical expense;
b.
Pain and suffering;
c.
Mental anguish;
d
Lost wages;
e. Diminished quality of
life.
42.
As
a proximate and direct result o Defendants negligence, Plaintiff suffered special
damages,
43.
WHEREFORE, Plaintiff demands judgment against Defendants for special damages
in
an amount to be proven at trial, for general damages for pain and suffering and loss
o
enjoyment
o life in amounts to be delennined
at
trial, together with pre and post judgment interest
as
allowed by law and for such other and further reHef as Ihis Court deems just and proper.
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COUNT V: NEGLIGENT HIRING, TRAINING S U P R V I S I O N ~ FEDEX GROUND
PACKAGE SYSTEM INC.
44.
Plaintiff incorporates
by
reference each earlier paragraph
of
this Complaint with
the
full
force
and effect as j
hey
were restated verbatim.
45.
Defendant Fedex Ground Package System, Inc. was negligent
in
hiring Defendant Doe
and enlrusting
him to
drive a tractor-trailer.
46.
Defendant Fedex Ground Package System, lnc.
was
negligent
in
failing
to
properly train
Defendant
Doe.
47.
Defendant Fedex Ground Package
System
lnc.
was
negligent
in
failing to properly
supervise Defendant
Doc.
48.
Defendant Fedex Ground Package System, Inc. s negligence
in
hiring Defendant Doe
and
entrusting
him with
driving a commercial vehicle
and
[aillng
to train and
supervise
him
properly
was the
sole
and
proximate cause
of the
collision,
and
Plaintifrs resulting injuries.
49.
As a direct
and
proximate result of Defendants
negligence
Plaintiff suffered injuries
and
damages. Plaintiff is entitled
to
monetary damugefi
from
Defendants to compensate
him for the
following elements of
damage:
a.
Medical expense;
b. Pain and
suffering;
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c. Mental anguish;
d. Lost wages;
e. Punitive damages; and
f Diminished quality of life.
SO
As a proximate and direct result of Defendants negligence, Plaintiff suffered special
damages.
SJ.
Defendants conduct was reckless, willful
and
wanton, and demonstrates a conscious
indifference
to
consequences
of
their actions and entitles Plaintiff
10
an
award
of
punitive
damages.
52.
Defendants have been stubbornly litigious, acted
in
bad faith, and have caused Plaintiff to
incur unnecessary trouble and expense for which she is entitled to recover attorney s
fees,
costs,
and expenses, pursuant to O.C.G.A. 3
w
6-J J.
WHEREFORE, Plaintiff demands judgment against Defendants
for
special damages in
an amount to be proven at trial, for general damages for pain
and
suffering
and
loss of enjoyment
of
life in amounts t o
be
detennined at trial, together
with pre
and post judgment illterest
as
allowed y law, punitive damages, attomey s fees, costs, expenses pursuant to O.C.G.A. \3-6-
11, and for such other
and
further relief as this Court deems just and proper.
11
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COUNT VI: NEG.L1GENT HIRING, TRAINING SUPERVISION USA TRUCK, INC.
53.
Plaintiff incorporates
by
reference each earlier paragraph of this Complaint
with
the full
force and effect as ifthe)' were restated
verbatim.
54.
Defendant USA Truck, Inc. was negligent
in
hiring Defendant Michael Bryant and
entrusting him to drive a tractortraiJer.
55.
Defendant USA
Truck, Inc.
was negligent
in
failing to properly
train Defendant Michael
Bryant.
56.
Defendant USA
Truck
Inc.
was
negligent
in
failing to properly supervise Defendant
Michael Bryant.
57.
Detendant USA Truck,
Inc.
's negligence in hiring Defendant Michael Bryant and
enjrusting him with driving a
commercial
vehicle and failing
to
train and supervise
him
properly
was the sole
and
proximate cause o the collision, and Plaintiff's resulting injuries.
58.
As
a direct
and proximate
result of Defendants'
negligence
Plaintiff
suffered injuries and
damages. Plaintiff is entitled to monetary damages
from
Defendants
to
compensate her fOT
lhe
following
elements of
damage;
a.
Medical expense;
b. Pain
and suffering;
12
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c. Mental anguishj
d.
Lost wages;
e. Punit ive damages; and
f. Diminished
quality oflife,
59.
As a proximate and direct result
o
Defendants negligence, Plaintiff suffered special
damages.
60.
Defendants
conduct was reckless,
willful and
wanton,
and
demonstrates
a
conscious
indifference
to
consequences of their actions
and
entitles Plaintiff
to
an
award
o
punitive
damages.
61.
Defendants have been stubbornly litigious,
acted in
bad faith, and have caused Plaintiff 10
incur unnecessary trouble
and
expense for which she is entitled to recover attorney s
fees
costs,
and expenses, pursuant to O.C.G.A. ] 6 ~ 1 1 .
WHEREFORE, Plaintiff demands judgment against Defendants for special damages in
an
amount to be proven
at
trial,
fOT
genera) damages tor
pain and
suffering and
loss
o enjoyment
o
life
in amounts to
be
detennined
at
trial, together
with pre
and
post
judgment interest as
allowed
y
Jaw punitive damages, attorney s fees costs, expenses pursuant to O.C.G.A. 13-6-
11
and for such other and further relief as this Court deems just
and
proper.
13
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COUNT VII: DIRECT ACTION FEDERAL INSURANCE COMPANY
62.
Plaintiff incorporates y reference
each
earlier paragraph of this Complaint with the full
force and effect as i they were restated
vcrbfttim
.
63.
Defendant Federal Insurance Company
is
subject
to
a direct
action as the
insurer for
Dcfendant
USA Truck,
Jnc.
pursuant to O.C.G.A. ~ 2 ~ 1 4
64.
Defendant Federal Insurance Company was the insurer of Defendant USA Truck, Inc . at
the time
of
the subject incident and issued liability policy
to
Defendant USA Truck. Inc.
65 .
Defendant Federal Insurance Compilny and Defendant USA Truck,
Inc.
arc subject to the
filingrequiremcncs outlined in O.C.G.A .
40-2-140.
66.
Defendant Federal lnsurance Company is responsiblc for any judgment rendered against
Defendant USA Truck.
fnc
and Defendant Michael Bryant
up to
its policy limits of coverage.
67.
As a direct and proximate result
of
Defendants negligence, Plaintiff suffered injuries
and
damages. Plaintiff is entitled to monetary damages
from
Defendantc; to compensate her for the
following clcmcnts of damage:
n. Medical expense;
b. Pain and suffering;
c
Mental anguish;
14
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d, Lost wages;
e. Punitive damages; and
f. Diminished quality
of
life.
68.
Defendants negligence is the sole and proximate cause of Plaintiffs injuries.
69.
As
a proximate and direct result of Defendants negligence, Plaintiff suffered special
damages.
70.
WHEREFORE, Plaintiff demands judgment against Defendants
for
special damages
in
an
amount
to
be proven at trial, for general damages
for
pain and suffering and loss
of
enjoyment
of
life
in
amounts to be detennined
at trial,
together with pre and posl judgment interest
as
allowed y
Jaw and
for such other
and
further relief as this Court deems just and proper.
COUNT VIII: DIRE T
C T I O N ~
ACE AMERICAN INSURANCE COMPANY
71.
Plaintiff incorporates
y
reference each earlier paragraph of this Complaint with the full
force and effect as if they were restated veJ batim.
n
Defendant
ce
American Insurance Company
is
subject to a direct action as the insurer
for Defendant USA Truck,
Inc.
pursuant to O.C,O,A. 40-2-140,
73,
Defendant Ace American Insurance Company was the insurer of Defendant USA Truck,
Inc.
at the time oflbe subject incident and issued a liability policy to USA Truck, lIlC,
15
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74
Defendant Ace American Insurance Company and Defendant USA Truck, Inc are
subject to the filing requirements outlined in O.C.O.A.
0 ~ 2 1 4 0 .
75
Defendant Ace American Insurance Company is responsible for any judgment rendered
against Defendant USA Truck, Inc. and Defendant Michael Bryant up
to
its policy llmits
o
coverage.
76 .
As a direct
and
proximate result of Defendants negligence, Plaintiff suffered injuries
and
damages . Plaintiff
is
entitled to monetary damages from Defendants
to
compensate her for the
following elements
o
damage:
a. Medical expense;
b
Pain and suffering;
c.
Mental anguish;
d Lost wages;
e Punitive damages;
and
f Diminished quality o life.
77
Defendants negligence is the sole and proximate cause o Plaintiffs injuries.
78
As proximate and direct result o Defendants negligence, Plaintiff suffered special
damages.
16
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18/18
79.
WHEREFORE, Plaintiff demands judgment against Defendants fur special damages in
an amount
to be
proven
at
trial,
for genera
damages
for
pain
and
suffering and loss
of
enjoyment
of
life in amounts to be determined at trial. together with pre and post judgment interest
as
allowed
y law,
and
for
such other
and
further reliefas this Court deems just
and
proper.
This the 23
Td
day
of
September,
2014.
Graham Jensen, LLP
17
Executive Park Drive
Suite 115
Atlanta, Georgia 30329
Telephone:
(404) 842-9380
Fllcsimile: (678) 904-3110
17
ls Eric L. Jensen
Eric L.
Jensen
Georgia Bar No.391259
Jason W.
Graham
Georgia BarNo 304595
Satyam Mehta
Georgia Bar
No
557090
Attol11cys
for
Plaintiff
Case 1:14-cv-03510-WSD Document 1-1 Filed 10/31/14 Page 18 of 18