DOCUMENT 2

ELECTRONICALLY FILED
5/18/2017 3:44 PM
25-CV-2017-900169.00
CIRCUIT COURT OF
CULLMAN COUNTY, ALABAMA
LISA MCSWAIN, CLERK

IN THE CIRCUIT COURT OF CULLMAN COUNTY, ALABAMA

ASHLEY WILSON, individually and as )

mother and next friend to her minor child, )
CURTIS WILSON, deceased, )
) Case No.:
Plaintiff, )
)
v. )
)
BRADFORD NEAL MEEKS; )
ALLSTATE PROPERTY AND )
CASUALTY INSURANCE COMPANY; )
ALFA MUTUAL INSURANCE COMPANY; )
FICTITIOUS DEFENDANTS A, B, and C, whether singular or plural, that entity or person,
which or who sold and/or otherwise provided alcohol and/or drugs to Defendant Bradford Neal
Meeks on or about May 7, 2017; FICTITIOUS DEFENDANTS D, E, and F, whether singular
or plural, that entity or person, which or who manufactured the motor vehicle(s) and/or any
component part of the vehicles involved in the occurrence made the basis of this lawsuit;
FICTITIOUS DEFENDANTS G, H, and I, whether singular or plural, that entity or person,
which or who issued any policy of insurance which provided uninsured/underinsured motorist
coverage for the Plaintiff and her deceased minor child on the occasion made the basis of this
lawsuit; FICTITIOUS DEFENDANT J, K, and L, whether singular or plural, that entity or
person, which or who is the successor in interest of any of the Defendant entities or persons,
whether named or fictitious, described herein; FICTITIOUS DEFENDANTS M, N, and O,
whether singular or plural, that entity or person, which or who was the predecessor in interest of
any of the Defendant entities or persons, whether named or fictitious, described herein;
FICTITIOUS DEFENDANTS P, Q, and R, whether singular or plural, that entity or person,
which or who owned the vehicle operated by Defendant Bradford Meeks on the occasion made
the basis of this lawsuit; FICTITIOUS DEFENDANTS S, T, and U, whether singular or
plural, that entity or person on whose behalf or for whose benefit Defendant Bradford Neal
Meeks was driving on the occasion made the basis of this lawsuit. Plaintiff avers that the
identities of the fictitious party defendants are otherwise unknown to Plaintiff at this time, or if
their names are known to Plaintiff at this time, that their identities as proper party defendants are
not known to Plaintiff at this time, but their true names will be substituted by amendment when
ascertained.
)
)
Defendants. )

COMPLAINT
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COMES NOW the Plaintiff, Ashley Wilson, individually and as next friend to her minor

child, Curtis Wilson, deceased, and files her Complaint and jury demand against Defendants

Bradford Neal Meeks, Allstate Property and Casualty Insurance Company, ALFA Mutual

Insurance Company, and Fictitious Defendants A through U regarding an automobile collision

which occurred on May 7, 2017, on County Road 222 in Cullman County, Alabama and alleges

as follows:

PARTIES

1. Plaintiff, Ashley Wilson (Plaintiff or Wilson), is a resident citizen of Cullman

County, Alabama, and is over the age of nineteen (19) years. Wilson is bringing this action

individually and as mother and next friend of Curtis Wilson, her minor child, deceased. In

addition to her personal injury claim, a wrongful death claim is brought by Plaintiff Wilson, as

mother and next friend of Curtis Wilson, her minor child, deceased, pursuant to Alabamas

Wrongful Death Act, Ala. Code 6-5-391 and 6-5-410.

2. Defendant, Bradford Neal Meeks (Defendant Meeks), is a resident citizen of

Cullman County, Alabama, and is over the age of nineteen (19) years. Upon information and

belief, Defendant Meeks has an extensive criminal history that includes previous charges of

reckless driving.

3. Defendant Allstate Property and Casualty Insurance Company (Allstate), is an

insurance company doing business in the State of Alabama. At all times material, Plaintiff

Ashley Wilson and her son Curtis Wilson were insured under a policy of insurance with Allstate

containing benefits including uninsured/underinsured motorist coverage.

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4. Defendant ALFA Mutual Insurance Company (ALFA), is an insurance

company doing business in the State of Alabama. At all times material, Plaintiff Ashley Wilson

and her son Curtis Wilson were insured under a policy of insurance with ALFA containing

benefits including uninsured/underinsured motorist coverage.

5. FICTITIOUS DEFENDANTS A, B, and C, whether singular or plural, that entity

or person, which or who sold and/or otherwise provided alcohol and/or drugs to Defendant

Bradford Neal Meeks on or about May 7, 2017; FICTITIOUS DEFENDANTS D, E, and F,

whether singular or plural, that entity or person, which or who manufactured the motor vehicle(s)

and/or any component parts of the vehicles involved in the occurrence made the basis of this

lawsuit; FICTITIOUS DEFENDANTS G, H, and I, whether singular or plural, that entity or

person, which or who issued any policy of insurance which provided uninsured/underinsured

motorist coverage for the Plaintiff and her deceased minor child on the occasion made the basis

of this lawsuit; FICTITIOUS DEFENDANT J, K, and L, whether singular or plural, that entity

or person, which or who is the successor in interest of any of the Defendant entities or persons,

whether named or fictitious, described herein; FICTITIOUS DEFENDANTS M, N, and O,

whether singular or plural, that entity or person, which or who was the predecessor in interest of

any of the Defendant entities or persons, whether named or fictitious, described herein;

FICTITIOUS DEFENDANTS P, Q, and R, whether singular or plural, that entity or person,

which or who owned the vehicle operated by Defendant Bradford Meeks on the occasion made

the basis of this lawsuit; FICTITIOUS DEFENDANTS S, T, and U, whether singular or plural,

that entity or person on whose behalf or for whose benefit Defendant Bradford Neal Meeks was

driving on the occasion made the basis of this lawsuit. Plaintiff avers that the identities of the
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fictitious party defendants are otherwise unknown to Plaintiff at this time, or if their names are

known to Plaintiff at this time, that their identities as proper party defendants are not known to

Plaintiff at this time, but their true names will be substituted by amendment when ascertained.

FACTS

6. Plaintiff adopts and incorporates by reference each and every allegation contained

in the preceding paragraphs of this Complaint as if set forth fully herein.

7. On May 7, 2017, Plaintiff Ashley Wilson was driving eastbound on County Road

222 in Cullman County, Alabama. Her fifteen (15) year-old son, Curtis Wilson, was in the front

passengers seat.

8. On the same day at the same time, Defendant Meeks was driving westbound in a

Ford Ranger on County Road 222 in Cullman County, Alabama.

9. Defendant Meeks negligently, wantonly, recklessly and/or otherwise

unreasonably drove his Ford Ranger from the westbound lane crossing over the centerline into

the Plaintiffs eastbound lane of travel in violation of the rules of the road and collided head-on

with the Plaintiffs vehicle.

10. Defendant Meekss negligent, wanton, reckless, and/or otherwise unreasonable

conduct was the proximate cause of the motor vehicle collision that seriously injured the Plaintiff

and killed her fifteen (15) year-old son, Curtis Wilson.

11. At the time of the collision Defendant Meeks was unfit to drive and/or failed to

maintain control of his vehicle.

COUNTS

COUNT I - WRONGFUL DEATH

ALABAMA CODE 6-5-391 and 6-5-410
(Against Defendant Meeks and Fictitious Defendants A through U)
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12. Plaintiff adopts and incorporates by reference each and every allegation contained

in the preceding paragraphs of this Complaint as if fully set forth herein.

13. Defendant Meeks negligently, recklessly, and/or wantonly drove his vehicle into

the vehicle operated by the Plaintiff and occupied by Plaintiffs minor child, Curtis Wilson.

14. As a proximate result of the collision caused by Defendant Meekss conduct,

Curtis Wilson suffered fatal injuries.

WHEREFORE, Plaintiff Wilson, as mother and next friend of her deceased minor child,

Curtis Wilson, demands judgment against Defendant Meeks and all other named and/or

Fictitious Defendants for the wrongful death of her minor child, Curtis Wilson. Plaintiff demands

judgment, jointly and severally against the Defendants, in an amount to be determined by a jury,

together with interest and costs related to or arising from the claims in this proceeding. The

Plaintiff requests that the jury selected to hear this case render a verdict for the Plaintiff and

against each Defendant on this wrongful death count by assessing punitive damages in an

amount which will adequately reflect the enormity of the Defendants wrongful acts and which

will effectively deter or prevent other similar wrongful conduct in the future.

COUNT II - NEGLIGENT / WANTON CONDUCT

(Against Defendant Meeks and Fictitious Defendants A through U)

15. Plaintiff adopts and incorporates by reference each and every allegation contained

in the preceding paragraphs of this Complaint as if fully set forth herein.

16. As a proximate and direct consequence of the negligence and/or wantonness

outlined above by Defendant Meeks and Fictitious Defendants A through U, Plaintiff Wilson

was caused to be injured in and about her body, and has suffered and/or continues to suffer
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injuries and damages including but not limited to: physical injuries, permanent and/or temporary;

considerable bills and expenses for medical attention and treatment in and about her efforts to

cure said injuries; other past, present, and future disability and losses; and pain, mental anguish,

and emotional distress. Some of Plaintiffs injuries may be permanent in nature.

17. The foregoing wrongful conduct of said Defendants was a proximate cause of

Plaintiff Wilsons injuries and damages.

WHEREFORE, Plaintiff demands judgment, including both compensatory and punitive

damages, against Defendant Meeks and Fictitious Defendants A through U, jointly and severally,

in an amount to be determined by a jury, together with interest and costs related to or arising

from the claims in this proceeding.

COUNT III - UNDERINSURED MOTORIST CLAIM

(Against Defendants Allstate, ALFA, and Fictitious Defendants G through I)

18. Plaintiff adopts and incorporates by reference each and every allegation contained

in the preceding paragraphs of this Complaint as if fully set forth herein.

19. Plaintiff claims damages against Defendants Allstate and ALFA pursuant to the

uninsured/underinsured motorist (UM/UIM) provision of the policies (Allstate Policy #

985890753 and ALFA Policy # A2207321) for which coverage is afforded to Plaintiff Wilson

and her deceased son, Curtis Wilson, by policies insuring them on or about May 7, 2017, and

policies insuring the vehicle they were occupying at the time of the collision made the basis of

this lawsuit.

20. Defendants Allstate, ALFA, and FICTITIOUS DEFENDANTS G through I had,

for valuable consideration paid, issued a policy or policies of insurance which covered Plaintiff
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Wilson and her late son Curtis Wilson as insureds under said policies. All of said policies

contained a provision known as Uninsured/Underinsured Motorist Coverage which insured

persons such as Ashley Wilson and Curtis Wilson against injuries and damages sustained as a

result of collisions or incidents involving the vehicles occupied by them and other covered

persons, from uninsured or underinsured motorists. Said policies and provisions under which

Plaintiff Wilson and her deceased son Curtis Wilson were and are covered, were in force and

effect when the May 7, 2017, collision made the basis of this lawsuit occurred, were applicable

to Ashley Wilson and Curtis Wilson, and said insurance proceeds or benefits are due to them

hereunder. Plaintiff claims damages pursuant to the UM/UIM provisions of the above-described

policies for the conduct of Defendant Meeks who was a potential uninsured or underinsured

motorist when the subject May 7, 2017, collision occurred.

WHEREFORE, Plaintiff demands judgment against Defendants Allstate, ALFA, and

Fictitious Defendants G through I, in an amount exceeding the jurisdictional minimum of this

Court, plus interest and costs.

JURY DEMAND

PLAINTIFF DEMANDS TRIAL BY STRUCK JURY

/s/ Gregory Zarzaur___________

GREGORY ZARZAUR (ZAR003)
One of the Attorneys for the Plaintiff

OF COUNSEL:
Gregory Zarzaur
Anil A. Mujumdar (MUJ001)
ZARZAUR MUJUMDAR & DEBROSSE - Trial Lawyers
2332 Second Avenue North
Birmingham, Alabama 35203
T: 205.983.7985
F: 888.505.0523
E: gregory@zarzaur.com / anil@zarzaur.com
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PLEASE SERVE THE DEFENDANTS AS FOLLOWS:

Plaintiff requests that the following Defendant be served with the Summons and Complaint by a
private process server:

Bradford Meeks
921 County Road 415
Cullman, Alabama 35057

Plaintiff requests that the following Defendants be served with the Summons and Complaint by
CERTIFIED MAIL at the following registered agent addresses:

Allstate Property and Casualty Insurance Company

CT Corporation System
2 North Jackson Street Suite 605
Montgomery, Alabama 36104

ALFA Mutual Insurance Company

Herman Alan Scott
2108 East South Blvd
Montgomery, Alabama 36116