$3 Million Circuit Court Suit Says Woman Was Extensively Injured When Man Ran Red Light At Walmart Exit Of Highway 153

Wednesday, March 18, 2020

A $3 million Circuit Court complaint has been filed in behalf of a 25-year-old woman who attorneys say suffered severe injuries when another vehicle ran a red light. 

 

Carissa G. Tribble and her parents, Dan and Rhonda Tribble, are suing Paul A. and Marlee Clemens.

 

The suit says on Sunday evening, March 1, that Carissa Tribble left work at Petco and waited at the traffic light at the Walmart exit of Highway 153.

It says when the light turned green that Ms. Tribble began to turn left to go south on Highway 153.

 

It says a white 2017 Ford pickup truck driven by Paul Clemens ran a red light at an extremely high rate of speed and crashed into the Tribble vehicle. It says Ms. Tribble had to be cut from the vehicle.

 

The suit says she suffered with a skull fracture, multiple neck strains, multiple broken ribs and a fractured pelvis in at least five places. She was in an intensive care unit at Erlanger Hospital for more than 10 days, and remained in the hospital afterward.

 

It says she continues to suffer extensive and excruciating pain.

 

Here is the complaint, filed by attorney Hoyt Samples:

 

Carissa G. Tribble, Dan Tribble and Rhonda Tribble state the following for their Complaint and causes of action against Paul A. Clemens and his wife, Marlee Clemens:

THE PARTIES

  1. Plaintiffs’ and Defendants have been residents of Hamilton County, Tennessee at all times relevant to this controversy.

  2. Carissa G. Tribble was born on September 5, 1994, and was 25 years of age at the time of the incident in issue. Dan Tribble and Rhonda Tribble owned the vehicle which Carissa Tribble was driving with their permission at the time of the accident in issue.

  3. Paul A. Clemens is a retired former professional baseball pitcher who was born on February 14, 1988, and was 32 at the time of the incident in question. Paul A. Clemens was married to Marlee Clemens at the time of the accident in issue.

  4. At the time of the accident in issue, Paul A. Clemens was driving a 2017 white Ford pickup bearing license plate number 6G30LB which vehicle was jointly titled in the name of Paul A. Clemens and Marlee Clemens. A certified copy from the Hamilton County, Tennessee County Court Clerk’s Office is attached as Exhibit A showing that the vehicle in issue was owned by Paul A. Clemens and Marlee Clemens as of the date of the accident in issue.

  5. This Court has subject matter jurisdiction and personal jurisdiction over this case and the parties thereto and the venue for this action is proper in this Court in that the accident in issue occurred in Hamilton County, Tennessee.

CLAIMS

  1. On Sunday evening, March 1, 2020, Carissa G. Tribble left her place of employment at Petco and waited at the red light which is located in or about Block Number 5748 on Highway 153 in Hamilton County, Tennessee which is the red light at the exit from Wal-Mart.

  2. With a green light, Ms. Tribble began making a left hand turn to proceed south on Highway 153.

  3. As Ms. Tribble began her lawful turn, Paul A. Clemens, driving a 2017 white Ford 150 pick up, proceeded at an extremely high rate of speed through his red light and t-boned Ms. Tribble’s vehicle.

  4. Witnesses to the accident will attest that Ms. Tribble had the green light and that Mr. Clemens ran the red light at an extremely high rate of speed and in a totally reckless manner.

  5. At the time of the incident in issue, the truck being driven by Mr. Clemens was jointly owned by Paul A. Clemens and Marlee Clemens and Paul Clemens was operating such vehicle under the Family Purpose Doctrine.

  6. Pursuant to T.C.A. §55-10-311, the Ford 150 truck owned by the parties was being operated and used with both parties’ authority, consent and knowledge in connection with the transaction out of which the injury or cause of action arises and the vehicle was then and there being used by or on behalf of the owner for the owner’s use and benefit and as such both Defendants are jointly and severally liable for all claims arising from such accident. In addition, pursuant to T.C.A. §55-10-312, the Ford 150 pick up truck in issue was registered to the Defendants and, as such, constitutes prima facia ownership of such vehicle and furthermore constitutes prima facia evidence that the vehicle was then and there being operated by the owner or by the owner’s servant for the owner’s use and benefit. As such, both Defendants are responsible for all injuries and damages sustained by Ms. Tribble as a proximate result of any of the actions or omissions of Paul A. Clemens.

  7. The massive vehicle being driven by Paul A. Clemens substantially destroyed Ms. Tribble’s vehicle in the collision, and trapped her for an extended time in her vehicle.

  8. Photographs of the intersection where the accident occurred are attached as collective Exhibit B.

  9. Attached as collective Exhibit C are photographs of the vehicles after the collision and the carnage created by Mr. Clemens’ reckless, negligent and wanton driving.

  10. The collision was so severe that members of the Chattanooga Fire Department had to physically cut Ms. Tribble’s car in order to remove her before she was transported by ambulance to Erlanger Hospital. Attached as collective Exhibit D are photographs of her car after her extraction.

  11. Ms. Tribble was transported to Erlanger Hospital where she was diagnosed with a skull fracture, multiple neck strains, multiple broken ribs and a fractured pelvis in at least five places. Ms. Tribble remained in an intensive care unit at Erlanger Hospital for more than ten days, and continued to be hospitalized thereafter.

  12. Ms. Tribble has and will continue to suffer extensive and excruciating pain and suffering, temporary and permanent impairment and loss of earning power as a direct result of the actions and omissions of the Defendants.

  13. Officer Virden of the Chattanooga Police Department conducted a standardized field sobriety test on Paul A. Clemens at the scene of the accident and Mr. Clemens did poorly on such exam. As a result, Mr. Clemens was arrested and transported to the Hamilton County Jail for driving under the influence.

  14. The actions and omissions of the Defendants constitute a violation of T.C.A. §55-8-103 (required obedience to traffic laws), and such violation was a direct and proximate cause of Plaintiff’s injuries and damages and constitute per se negligence.

  15. The actions and omissions of the Defendants constitute a violation of T.C.A. §55-8-108 (obedience to any required traffic-controlled device), and such violation was a direct and proximate cause of Plaintiff’s injuries and damages and constitute per se negligence.

  16. The actions and omissions of the Defendants constitute a violation of T.C.A. §55-8-110 (traffic-controlled signals), and such violation was a direct and proximate cause of Plaintiff’s injuries and damages and constitute per se negligence

  17. The actions and omissions of the Defendants constitute a violation of T.C.A. §55-8-128 (vehicle approaching or entering intersection), and such violation was a direct and proximate cause of Plaintiff’s injuries and damages and constitute per se negligence.

  18. The actions and omissions of the Defendants constitute a violation of T.C.A. §55-8-136 (drivers to exercise due care), and such violation was a direct and proximate cause of Plaintiff’s injuries and damages and constitute per se negligence.

  19. The actions and omissions of the Defendants constitute a violation of T.C.A. §55-8-152 (speed limits), and such violation was a direct and proximate cause of Plaintiff’s injuries and damages and constitute per se negligence.

  20. The actions and omissions of the Defendants constitute a violation of T.C.A. §55-8-197 (failure to yield right-of-way), and such violation was a direct and proximate cause of Plaintiff’s injuries and damages and constitute per se negligence.

  21. The actions and omissions of the Defendants constitute a violation of T.C.A. §55-10-105 (reckless driving), and such violation was a direct and proximate cause of Plaintiff’s injuries and damages and constitute per se negligence

  22. The actions and omissions of the Defendants constitute a violation of T.C.A. §55-10-401 (driving under the influence prohibited), and such violation was a direct and proximate cause of Plaintiff’s injuries and damages and constitute per se negligence.

  23. Paul A. Clemens failed to keep a proper lookout, and such negligence constituted a direct and proximate cause of Plaintiff’s injuries and damages.

  24. Paul A. Clemens failed to maintain an assured clear distance from Ms. Tribble’s automobile, and such violation constituted negligence which was a direct and proximate cause of Plaintiff’s injuries and damages.

  25. Paul A. Clemens operated his vehicle in a reckless fashion without due regard for the safety of others, and such actions and omissions constituted a direct and proximate cause of Plaintiff’s injuries and damages.

  26. Paul A. Clemens failed to operate his vehicle in such a way as to avoid colliding with the Tribble vehicle, and such negligence constituted a direct and proximate cause of Plaintiff’s injuries and damages.

  27. Paul A. Clemens’ actions and omissions constituted negligence through the application of the doctrine of Res Ipsa Loquitur, which negligence was a direct and proximate cause of the injuries and damages sustained by Ms. Tribble.

  28. Paul A. Clemens failed to have due regard for the actual and potential hazards existing at or about the time of the accident, and such failure was a direct and proximate cause of Ms. Tribble’s injuries and damages.

  29. Paul A. Clemens operated his vehicle at a time when he had actual knowledge that his conduct created to an extreme degree a risk to others, and such conduct constitutes gross negligence, which gross negligence was a direct and proximate cause of Ms. Tribble’s injuries and damages.

  30. Paul A. Clemens’ actions constituted a conscious indifference for the safety of others which conscious indifference warrants the imposition of punitive damages.

  31. Paul A. Clemens knew that he was under the influence of alcohol and/or drugs and intentionally chose to drive his vehicle which conduct warrants the imposition of punitive damages.

  32. As a direct and proximate result of Defendants’ actions and/or omissions as described above, Ms. Tribble brings this suit to recover for her mental and physical suffering, loss of enjoyment of life, loss of wages, unnecessary expense incurred as a result of the action and also for damages resulting to her as a result of the accident in issue, including damages to her property.

  33. As a direct and proximate result of Defendants’ actions and/or omissions as described above, Dan Tribble and Rhonda Tribble bring this action to recover the full value, depreciation and related expenses with respect to their car destroyed in the accident.

WHEREFORE, Plaintiffs pray as follows:

  1. That summons and process be issued and that the Defendants be required to appear and answer within the time required by law;

  2. That at the trial of this matter that Ms. Tribble be awarded compensatory damages in an amount of at least Two Million Dollars ($2,000,000.00) and punitive damages in the amount of at least One Million Dollars ($1,000,000.00);

  3. That Dan Tribble and Rhonda Tribble be awarded the full value, depreciation and related expenses with respect to their car destroyed in the accident;

  4. That interest at the maximum rate allowed by law be accrued from the date of the filing of this Complaint;

  5. That the actual and discretionary courts costs of this action be taxed against the Defendants;

  6. That a jury of twelve persons be assembled to hear all issues in this case;

  7. That process issue with respect to the uninsured motorist claim in this case; and

  8. That Plaintiffs receive such other and further relief as to which they may be entitled.

 

SAMPLES, JENNINGS, CLEM & FIELDS, PLLC

 

By:_________________________________

Hoyt O. Samples, BPR 6765


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