Bus Crash Lawsuit

Date: 01/07/2019 14:36 RECORD SHEET Page: 1 of 1
Number of records:6
Case Number: 2019L0000001
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CRABTREE V. FARRELL,ET AL
KATHLEEN CRABTREE; Plaintiff Nature of Case: Money Damage over $50,000

vs
JASON FARRELL,RYAN HUTE,JASON FARRELL Attorneys: GINZKEY,JAMES

D/B/A JASON FARRELL TRUCKING,3 GUYS & A
BUS,INC.,3 GUYS & A BUS D/B/A JASON FARRELL
TRUCKING; Defendants
Date Reporter Judge Description
01/04/2019 CASE ASSIGNED TO JUDGE FOLEY
01/04/2019 EFILE DOCKETING - Complaint filed

01/04/2019 Case set for: Case Management Conference on 6/28/2019 at 09:00
AM with Judge R Foley, Room 5B.
01/04/2019 Filing fees/fines/costs/penalties paid $267.00 on 01/04/2019,
receipt # 5531850, balance remaining $.00 - CRABTREE,
KATHLEEN - DOB: RACE: Unknown SEX: Unknown .
01/07/2019 Case set for: Unscheduled court appearance on 1/7/2019 at 12:00
AM with Judge R Foley, Room 5B.
01/07/2019 FOLEY,REBECCA Unscheduled court appearance Held.
Order Appointing Special Representative for Deceased Defendant
entered. See Order.
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
MCLEAN COUNTY,ILLINOIS
KATHLEEN CRABTREE,executor of the FILED

Estate of CHARLES CRABTREE,deceased 1/4/2019 4:01 PM
DONALD R. EVERHART, JR.
CLERK OF THE CIRCUIT COURT
MCLEAN COUNTY, ILLINOIS
Plaintiff,
VS.
2019L0000001
JASON FARRELL; JASON FARRELL d/b/a

JASON FARRELL TRUCKING; FIRST CASE MANAGEMENT CONFERENCE
3 GUYS & A BUS,INC.; 3 GUYS & A BUS
BEFORE JUDGE
d/b/a JASON FARRELL TRUCKING; and
B. McLEAN ARNOLD,Special Representative SET ON 9@ 9)00 am
ofRYANHUTE,deceased.
Defendants.
COMPLAINT
Plaintiff, KATFILEEN CRABTREE, executor of the Estate of CHARLES
CRABTREE, deceased, by her undersigned attorneys, complains of defendants, JASON
FARRELL,JASON FARRELL d/b/a JASON FARRELL TRUCKING,3 GUYS & A BUS,
INC.,3 GUYS &ABUS d/b/a JASON FARRELL TRUCKING,and B.McLEAN ARNOLD,
Special Representative ofRYAN HUTE, deceased, as follows:
COUNTI
(Negligence v. HUTE)
1. Plaintiff, KATHLEEN CRABTREE,is the duly appointed executor of the Estate of
CHARLES CRABTREE,deceased.
2. Pursuant to735 E.CS 5/13-209(b)(2) defendant, B. McLEAN ARNOLD,is the duly
appointed Special Representative ofRYAN HUTB,deceased (hereinafter "HUTE")-
3. On December 5,2018,and at all relevant times defendant,JASON FARRELL,resided
in Preston, Iowa.
4. At all times relevant hereto defendant, JASON FARRELL d/b/a JASON FARRELL
TRUCKING, was a foreign business entity engaged in the interstate commercial
trucking business with its principal place of business in Clinton,Iowa.
5. At all times relevant hereto defendants, 3 GUYS & A BUS,INC. and 3 GUYS & A
BUS d/b/a JASON FARRELL TRUCKING, were foreign entities engaged as an
interstate common carrier with its principal place of business in Preston, Iowa.
6. On December 5,2018 at approximately 8:30 p.m.,decedent,CFIARLES CRABTREE,
was riding as a passenger on a school bus traveling westbound on Interstate 74 near
Downs,Illinois.
7. Atthat time and place,HUTE was driving a tractor-trailer eastbound in the westbound
lanes ofInterstate 74 when he caused a head on collision with the school bus in which
CFIARLES CRABTREE was traveling as a passenger.
8. At the time of the collision, HUTE owed CHARLES CRABTREE and every other
motorist or passenger on the road aduty to exercise ordinary care under the laws ofthe
state of Illinois, federal motor carrier safety regulations, and common sense in the
operation ofthe tractor-trailer.
Page 2 of 5
9. In violation ofthat duty,HUTE was guilty of one or more ofthe following negligent
acts or omissions:
A. Failing to reduce his speed to avoid a collision in violation of625 ILCS 5/11-
601(a);
B. Failure to obey a traffic control device in violation of625 ILCS 5/11-305;
C. Failing to use ordinary care to avoid a collision;
D. Failing to keep a proper lookout for other vehicles;
E. Failing to realize he was driving on the wrong side of the road;
F. Driving the wrong way on a divided highway; and
G. Driving with impaired judgment.
10. As a direct and proximate result of HUTE's negligence, CHARLES CRABTREE
sustained severe and fatal injuries, had to undergo necessary medical treatment,
incurred substantial expenses for medical care and treatment, experienced conscious
pain and suffering, and his surviving heirs have suffered pecuniary injuries and the
loss of his society, love, and affection.
COUNT 11
(Respondent Superior v. FARRELL)
1-10. Plaintiffrepeats and realleges paragraphs 1-10 ofCountlas paragraphs 1-10 ofCount
11 as iffully set forth herein.
11. At all times relevant hereto, HUTE was an employee/agent of defendants, JASON
FARRELL,JASON FARRELL d/b/a JASON FARRELL TRUCKING,3 GUYS &
Page 3 of 5
A BUS,INC., 3 GUYS & A BUS d/b/a JASON FARRELL TRUCKING,working
in the course and scope of his employment/agency.
COUNT III
(Negligent Hiring/Retention v. FARRELL)
1-11. Plaintiff repeats and realleges paragraphs 1-11 ofCount II above as paragraphs I-11
of Count III as if fully set forth herein.
12. On December 5, 2018 defendants, JASON FARRELL, JASON FARRELL d/b/a
JASON FARRELL TRUCKING,3 GUYS & ABUS,INC.,3 GUYS & ABUS cEb/a
JASON FARRELL TRUCKING owed a duly to CHARLES CRABTREE and every
other motorist or passenger on the road to hire drivers that it knew would comply with
Illinois law, federal motor carrier safety regulations, and common sense safe driving
principles.
13. On December 5, 2018 defendants, JASON FARRELL, JASON FARRELL d/b/a
JASON FARRELL TRUCKING,3 GUYS & A BUS,INC.,3 GUYS & ABUS d/b/a
JASON FARRELL TRUCKING, Icnew or should have loiown that HUTE had a
particular unfitness for his position as a driver so as to create a danger ofharm to third
persons.
14. That at the time of HUTE's hiring, defendants, JASON FARRELL, JASON
FARRELL d/b/a JASON FARRELL TRUCKING, 3 GUYS & A BUS, INC., 3
GUYS & ABUS d/b/a JASON FARRELL TRUCKING knew or should have known
of HUTE's unfitness as a driver.
Page 4 of 5
15. On December 5, 2018 HUTE's unfitness as a driver for defendants, JASON
FARRELL,JASON FARRELL d/b/a JASON FARRELL TRUCKING,3 GUYS &
A BUS,INC.,3 GUYS & ABUS d/b/a JASON FARRELL TRUCKING,proximately
caused the head-on collision on Interstate 74 that caused serious and fatal injuries to
CHARLES CRABTREE.
Wherefore,plaintiff,KATFILEEN CRABTREE,executor ofthe Estate ofCHARLES
CRABTREE, deceased prays judgment against defendants, JASON FARRELL, JASON
FARRELL d/b/a JASON FARRELL TRUCKING,3 GUYS & A BUS,INC.,3 GUYS & A
BUS d/b/a JASON FARRELL TRUCKING, and B. McLEAN ARNOLD, Special
Representative ofRYAN HUTE,deceased in an amount in excess of$50,000 plus costs of
suit for:
A. All damages recoverable pursuantto the Illinois Survival Act(775ILCS 2/27-

6); and
B. All damages recoverable pursuant to the Illinois Wrongful Death Act(740

ILCS 180-7).
KATHLEEN CRABTREE,Executor ofthe

Estate ofCHARLES CRABTREE,deceased.
By: /s/James P. Ginzlcev

One of Her Attorneys
James P. Ginzkey
GINZKEY LAW OFFICE
221 E, Washington St.
Bloomington, IL 61701
(309)821-9707 fax:(309)821-9708
ARDC #3124355
Primary Service: service@ginzkeyIaw.coni
Secondary Service: jim@ginzkeylaw.com
R:\Data\Clients\Crabtree\OPleadingsMComplaiiitAvpd
Page 5 of 5
SUMME COURT RULE 222(b)AFFIDAVIT
STATE OF ILLINOIS )
)ss
COUNTY OF McLEAN )
I,JAMESP. GINZKEY,after having been first duly sworn,on oath and affimlatidn state that
damages sought,in this,cause do exceed $50,000.
FURTHER AFFIANT SAYETH NOT.
Subscribed and sworn to before me this
day of -9 I
2019.
OFFICIAL SEAL
SUSAN RASOR
notary public -STATE OF ILLiwnic
Notary Public MY COMMISSION EXpSS®
James P.. Ginzkey

GINZKEY LAW OFFICE
221 E. Washington St.
Bloomington,IL 61701
(309)821-9707 fax:(309)821-9708
ARDC #3124355
Primary email: service@ginzlceylaw.com
Secondary email:jim@ginzkeylaWiCom

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Date: 01/07/2019 14:36 RECORD SHEET Page: 1 of 1

Case Number: 2019L0000001

KATHLEEN CRABTREE; Plaintiff Nature of Case: Money Damage over $50,000

JASON FARRELL,RYAN HUTE,JASON FARRELL Attorneys: GINZKEY,JAMES

Date Reporter Judge Description

01/04/2019 CASE ASSIGNED TO JUDGE FOLEY

01/04/2019 EFILE DOCKETING - Complaint filed

KATHLEEN CRABTREE,executor of the FILED

JASON FARRELL; JASON FARRELL d/b/a

Plaintiff, KATFILEEN CRABTREE, executor of the Estate of CHARLES

CRABTREE, deceased, by her undersigned attorneys, complains of defendants, JASON

FARRELL,JASON FARRELL d/b/a JASON FARRELL TRUCKING,3 GUYS & A BUS,

INC.,3 GUYS &ABUS d/b/a JASON FARRELL TRUCKING,and B.McLEAN ARNOLD,

Special Representative ofRYAN HUTE, deceased, as follows:

1. Plaintiff, KATHLEEN CRABTREE,is the duly appointed executor of the Estate of

appointed Special Representative ofRYAN HUTB,deceased (hereinafter "HUTE")-

3. On December 5,2018,and at all relevant times defendant,JASON FARRELL,resided

TRUCKING, was a foreign business entity engaged in the interstate commercial

trucking business with its principal place of business in Clinton,Iowa.

BUS d/b/a JASON FARRELL TRUCKING, were foreign entities engaged as an

6. On December 5,2018 at approximately 8:30 p.m.,decedent,CFIARLES CRABTREE,

was riding as a passenger on a school bus traveling westbound on Interstate 74 near

CFIARLES CRABTREE was traveling as a passenger.

operation ofthe tractor-trailer.

B. Failure to obey a traffic control device in violation of625 ILCS 5/11-305;

C. Failing to use ordinary care to avoid a collision;

D. Failing to keep a proper lookout for other vehicles;

E. Failing to realize he was driving on the wrong side of the road;

F. Driving the wrong way on a divided highway; and

G. Driving with impaired judgment.

10. As a direct and proximate result of HUTE's negligence, CHARLES CRABTREE

loss of his society, love, and affection.

FARRELL,JASON FARRELL d/b/a JASON FARRELL TRUCKING,3 GUYS &

in the course and scope of his employment/agency.

of Count III as if fully set forth herein.

12. On December 5, 2018 defendants, JASON FARRELL, JASON FARRELL d/b/a

JASON FARRELL TRUCKING owed a duly to CHARLES CRABTREE and every

13. On December 5, 2018 defendants, JASON FARRELL, JASON FARRELL d/b/a

FARRELL d/b/a JASON FARRELL TRUCKING, 3 GUYS & A BUS, INC., 3

of HUTE's unfitness as a driver.

FARRELL,JASON FARRELL d/b/a JASON FARRELL TRUCKING,3 GUYS &

A BUS,INC.,3 GUYS & ABUS d/b/a JASON FARRELL TRUCKING,proximately

Wherefore,plaintiff,KATFILEEN CRABTREE,executor ofthe Estate ofCHARLES

CRABTREE, deceased prays judgment against defendants, JASON FARRELL, JASON

BUS d/b/a JASON FARRELL TRUCKING, and B. McLEAN ARNOLD, Special

Representative ofRYAN HUTE,deceased in an amount in excess of$50,000 plus costs of

A. All damages recoverable pursuantto the Illinois Survival Act(775ILCS 2/27-

B. All damages recoverable pursuant to the Illinois Wrongful Death Act(740

KATHLEEN CRABTREE,Executor ofthe

By: /s/James P. Ginzlcev

damages sought,in this,cause do exceed $50,000.

FURTHER AFFIANT SAYETH NOT.

Subscribed and sworn to before me this

James P.. Ginzkey

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