Ajin lawsuit

DOCUMENT 2 ELECTRONICALLY FILED 12/28/2016 10:35 AM 12-CV-2016-900140.00 CIRCUIT COURT OF CHAMBERS COUNTY, ALABAMA LISA BURDETTE, CLERK

IN THE CIRCUIT COURT OF CHAMBERS COUNTY, ALABAMA ANGEL OGLE, Administrator of the Estate of REGINA ALLEN ELSEA, deceased, v.

Plaintiff,

JOON, LLC; A Corporation; JOYNUS STAFFING, CORP.; A Corporation; and, Fictitious Defendants “A” through “Z,” whether singular or plural, those other persons, corporations, firms, or other entities whose wrongful or negligent conduct caused the injuries and damages to the Plaintiff, all of whose true and correct names are unknown to Plaintiff at this time, but will be substituted by amendment when ascertained, Defendants.

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CASE NO.: _____________ JURY DEMAND REQUESTED

COMPLAINT STATEMENT OF THE PARTIES 1.

Plaintiff Angel Ogle is over the age of 19 years and is a resident citizen of

Chambers County, Alabama. She is the Administrator of the Estate of her deceased daughter, Regina Allen Elsea.

2.

Defendant Joon, L.L.C., d/b/a AJIN USA (hereinafter referred to as “AJIN

USA”) is a domestic corporation doing business in Chambers County, Alabama.

Defendant AJIN can be served through their registered agent, Jae I. Jang, 1500 County Road 177, Cusseta, AL 36852.

3.

Defendant Joynus Staffing, Corp. (hereinafter “Joynus Staffing”) is a

domestic corporation doing business in Chambers County, Alabama. Defendant Joynus

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Staffing can be served through their registered agent, Eric Lee, 2107-C Pepperell Parkway, Opelika, Alabama 36801.

4.

Fictitious Defendants “A” through “E” are those persons, corporations, or

other legal entities who or which designed, manufactured, marketed, advertised, sold, or otherwise placed into the stream of commerce the subject machine or any component part(s) referred to in the Complaint.

5.

Fictitious Defendants “F” through “O” are those persons, corporations, or

other legal entities who or which designed, engineered, tested, distributed, installed, marketed or otherwise placed into the stream of commerce the subject machine or any component part(s) referred to in the Complaint.

6.

Fictitious Defendants “P” through “T” are those persons, corporations, or

other legal entities who or which assembled, installed, removed, or failed to maintain a guard at the point of operation and failed to properly guard at the point of operation to protect the user of the subject machine.

7.

Fictitious Defendants “U” through “Z” are those persons, corporations, or

other legal entities whose negligence or wantonness caused or contributed to Regina Elsea’s death.

STATEMENT OF THE FACTS 8.

On June 18, 2016, Regina Elsea was contracted with and/or employed by

Alliance HR, Inc. d/b/a Alliance Total Solutions, LLC. She was working at Defendant AJIN USA’s facility in Chambers County, Alabama.

Ms. Elsea was employed as a

machine operator. At the time of her injury, Ms. Elsea was acting within the line and scope of her job duties and responsibilities with Alliance HR. Part of Ms. Elsea’s job duties and responsibilities included operating the subject machine.

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9.

Defendants AJIN USA, Joynus Staffing and Fictitious Defendants “A”

through “Z” designed, manufactured, installed, distributed, sold, assembled, and maintained the machine which is the subject matter of this lawsuit. Additionally, the aforementioned Defendants were responsible for providing Ms. Elsea with a safe working environment.

10.

On the day of Mr. Elsea’s injury and death, she was operating the

machine as instructed. The subject machine malfunctioned and Ms. Elsea and several of her co-employees were attempting to fix the problem.

While in a hazard zone, the

machine activated and crushed Ms. Elsea leading to her death.

11.

As a direct and proximate result of the defective machine and/or

Defendants’ negligence and wantonness, Ms. Elsea sustained a significant injury and later died from those injuries.

COUNT ONE - AEMLD 12.

Plaintiff re-alleges all prior paragraphs of the Complaint as is set out here

13.

Defendants AJIN USA and Fictitious Defendants “A” through “T”

in full.

designed, manufactured, installed, distributed, sold, and assembled the subject machine, which is the subject matter of this lawsuit.

14.

The subject machine was unreasonably dangerous and defective in that it

created an unreasonable risk of serious injury or death to the intended user.

15.

These Defendants reasonably expected the subject machine would be

used, sold, installed or assembled in the manner or condition it was in at the time of the incident.

16.

The subject machine was unreasonably dangerous by design and/or,

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manufacture. Additionally, the subject machine lacked adequate warnings to notify the intended users of a foreseeable hazard.

17.

It was reasonably foreseeable to Defendants that an employee or other

individual operating, servicing, and/or using the subject machine would have to work near or around the area where Ms. Elsea was killed.

18.

The failure of the Defendants to eliminate the hazard and provide safety

devices/guards and/or adequate warnings subjected Ms. Elsea to an unreasonable risk of harm.

19.

As a direct and proximate result of the defective condition of the subject

machine, Regina Allen Elsea was severely injured and wrongfully killed.

WHEREFORE, Plaintiff demands judgment against Defendants AJIN USA and Fictitious Defendants “A” through “T” in such an amount as a jury may award for wrongful death damages, plus the costs of this action.

COUNT TWO - NEGLIGENCE 20.

Plaintiff re-alleges all prior paragraphs of the Complaint as is set out here

21.

Defendants AJIN USA, Joynus Staffing and/or Fictitious Defendants “U”

in full.

through “Z” had a duty to provide Regina Elsea with a safe working environment which included proper training, proper maintenance and effective management of hazards associated with the machinery in the facility. These Defendants also had a duty to warn of the potential hazards associated with the use of the subject machinery and to incorporate adequate safety guards, warning devices, safety devices and/or safety protocols.

22.

Defendants AJIN USA, Joynus Staffing and/or Fictitious Defendants “U”

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through “Z” failed to provide Ms. Elsea with a safe working environment, failed to properly maintain the machinery and failed to effectively manage the hazards associated with the machinery that killed Ms. Elsea.

These Defendants also failed to warn of

potential hazards associated with the use of the subject machinery and failed to incorporate adequate safety guards, safety devices and/or safety protocols.

23.

Defendants AJIN USA and/or Fictitious Defendants “A” through “T” were

negligent in the design, manufacturing, installation, and assembly of the subject machine by failing to incorporate adequate guards, safety devices, and/or warnings.

24.

As a proximate result of the negligence of these Defendants, Regina Allen

Elsea was severely injured and wrongfully killed.

WHEREFORE, Plaintiff demands judgment against AJIN USA, Joynus Staffing and/or Fictitious Defendants “A” through “Z” for such wrongful death damages as a jury may determine to be appropriate and for the costs of this action.

COUNT THREE - WANTONNESS 25.

Plaintiff re-alleges all prior paragraphs of the Complaint as is set out here

26.

Defendants AJIN USA, Joynus Staffing and/or Fictitious Defendants “U”

in full.

through “Z” had a duty to provide Regina Elsea with a safe working environment which included proper training, proper maintenance and effective management of hazards associated with the machinery in the facility. These Defendants also had a duty to warn of the potential hazards associated with the use of the subject machinery and to incorporate adequate safety guards, warning devices, safety devices and/or safety protocols.

27.

Defendants AJIN USA, Joynus Staffing and/or Fictitious Defendants “U”

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through “Z” failed to provide Ms. Elsea with a safe working environment, failed to properly maintain the machinery and failed to effectively manage the hazards associated with the machinery that killed Ms. Elsea.

These Defendants also failed to warn of

potential hazards associated with the use of the subject machinery and failed to incorporate adequate safety guards, safety devices and/or safety protocols.

28.

Defendants AJIN USA and/or Fictitious Defendants “A” through “T” were

wanton in the design, manufacturing, installation, and assembly of the subject machine by failing to incorporate adequate guards, safety devices, and/or warnings.

29.

As a proximate result of the Wantonness of these Defendants, Regina

Allen Elsea was severely injured and wrongfully killed.

WHEREFORE, Plaintiff demands judgment against AJIN USA, Joynus Staffing and/or Fictitious Defendants “A” through “Z” for such wrongful death damages as a jury may determine to be appropriate and for the costs of this action.

COUNT FOUR - COMBINED AND CONCURRING CONDUCT OF ALL DEFENDANTS 30.

Plaintiff re-alleges all prior paragraphs of the Compliant as is set out here

31.

The conduct of all Defendants combined and concurred to cause

in full.

Plaintiff’s injuries and wrongful death.

___/s/ Kendall C. Dunson_____________ KENDALL C. DUNSON (DUN029) JERE L. BEASLEY (BEA020) Attorneys for Plaintiff

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OF COUNSEL: BEASLEY, ALLEN, CROW, METHVIN, PORTIS & MILES, P.C. P.O. Box 4160 Montgomery, AL 36103 334/269-2343 (ph) Kendall.dunson@beasleyallen.com Jere.beasley@beasleyallen.com

JURY DEMAND PLAINTIFF DEMANDS A TRIAL BY JURY ON ALL ISSUES OF THE COMPLAINT.

___/s/ Kendall C. Dunson_____________ OF COUNSEL

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