COMMONWEALTH OF KENTUCKY

28TH JUDICIAL CIRCUIT

LINCOLN CIRCUIT COURT
CIVIL ACTION NO. 20-CI-__________
**Filed Electronically**

CHARLES BAKER, JR.

90 Ashton Lane
Stanford, Kentucky 40484;
PLAINTIFFS
SHEILA BAKER;
90 Ashton Lane
Stanford, Kentucky 40484;

CHRISTENA BARBER;
4570 Highway 7
Hustonville, Kentucky 40437;

PORSHA BAXTER, BY AND THROUGH HER

GUARDIAN AND NEXT FRIEND, JUDY GOOCH
496 Mitchell Lane
Stanford, Kentucky 40484;

HELEN BIGGS
2775 Highway 2141
Stanford, Kentucky 40484;

MAXWELL BIRD;
113 Shun Pike
Nicholasville Kentucky 40356;

CAROL BLAKEY
2585 Bowen Road
Stanford, Kentucky 40484;

JASMINE BLAKEY, BY AND THROUGH HER

PARENT AND NEXT FRIEND, CAROL BLAKEY
2585 Bowen Road
Stanford, Kentucky 40484;

STEVE BUGG
224 Dotson Street
Hustonville, Kentucky 40437;

Page 1 of 76
JOWANNA CLARKSON
152 Spring Run Road
Stanford, Kentucky 40484;

PATRICIA COULTER
628 Sierra Circle
Stanford, Kentucky 40484;

WILLIAM COULTER
628 Sierra Circle
Stanford, Kentucky 40484;

ANGELA CRANK
2585 Bowen Road
Stanford, Kentucky 40484;

EAN DALY
1135 Burger Knob
Stanford, Kentucky 40484;

TARA DENHAM
152 Spring Run Road
Stanford, Kentucky 40484;

BRANDON DEWOLFE
152 Sprin Run Road
Stanford, Kentucky 40484;

DEBBIE DOUGLAS
437 Sierra Cirle
Stanford, Kentucky 40484;

TIM DOUGLAS
437 Sierra Cirle
Stanford, Kentucky 40484;

JORDAN EDMONDS, BY AND THROUGH HIS

GUARDIAN AND NEXT FRIEND, JOWANNA CLARKSON
152 Spring Run Road
Stanford, Kentucky 40484;

JERROD ELAM
211 Simpson Lane
Danville Kentucky 40422;

Page 2 of 76
JESS FARMER
452 Sierra Circle
Stanford, Kentucky 40484;

LOGAN FARMER, BY AND THROUGH HIS

PARENT AND NEXT FRIEND, JESS FARMER
452 Sierra Circle
Stanford, Kentucky 40484;

RONALD J. GIVENS, II, BY AND THROUGH

HIS PARENT AND NEXT FRIEND, RONALD J. GIVENS, I
152 Spring Run Road
Stanford, Kentucky 40484;

REED GLASSCOCK
103 Wharton Court
Georgetown, Kentucky 40324;

CONLEY GOOCH
478 Mitchell Lane
Stanford, Kentucky 40484;

SHARON GOOCH
478 Mitchell Lane
Stanford, Kentucky 40484;

COURTNEY GOOCH
478 Mitchell Lane
Stanford, Kentucky 40484;

BEN GOOCH, BY AND THROUGH HIS

PARENT AND NEXT FRIEND, CONLEY GOOCH
478 Mitchell Lane
Stanford, Kentucky 40484;

ZOEY GOOCH, BY AND THROUGH HER

PARENT AND NEXT FRIEND, CONLEY GOOCH
478 Mitchell Lane
Stanford, Kentucky 40484;

AMBER GOOCH, BY AND THROUGH HER

PARENT AND NEXT FRIEND, CONLEY GOOCH
478 Mitchell Lane
Stanford, Kentucky 40484;

Page 3 of 76
JUDY GOOCH
478 Mitchell Lane
Stanford, Kentucky 40484;

RICKY HALL
2315 Highway 2141
Stanford, Kentucky 40484;

DEEDEE HALL
2315 Highway 2141
Stanford, Kentucky 40484;

ROBERT HAYES
135 Young Drive
Stanford, Kentucky 40484;

GRACIE HAYES, BY AND THROUGH HER

PARENT AND NEXT FRIEND, ROBERT HAYES
135 Young Drive
Stanford, Kentucky 40484;

BRAD HELM
2585 Bowen Road
Stanford, Kentucky 40484;

MADELINE ISBELL, BY AND THROUGH HER

GUARDIAN AND NEXT FRIEND, THERESA RIDGWAY
276 Harris Creek
Stanford, Kentucky 40484;

EVERADO JARAMILLO
2915 Bowen Road
Stanford, Kentucky 40484;

CARLA JARAMILLO
2915 Bowen Road
Stanford, Kentucky 40484;

SAMUEL A. JEFFRIES
229 Sierra Circle
Stanford, Kentucky 40484;

Page 4 of 76
TRACY JEFFRIES
229 Sierra Circle
Stanford, Kentucky 40484;

EMILY JEFFRIES, BY AND THROUGH HER

PARENT AND NEXT FRIEND, SAMUEL A. JEFFRIES
229 Sierra Circle
Stanford, Kentucky 40484;

REID JEFFRIES, BY AND THROUGH HIS

PARENT AND NEXT FRIEND, SAMUEL A. JEFFRIES
229 Sierra Circle
Stanford, Kentucky 40484;

STANLEY JOHNSON
152 Spring Run Road
Stanford, Kentucky 40484;

BAYLEE KARNES, BY AND THROUGH HER

GUARDIAN AND NEXT FRIEND, DEEDEE HALL
2315 Highway 2141
Stanford, Kentucky 40484;

RONALD KENNEDY
2775 Highway 2141
Stanford, Kentucky 40484;

MICHAEL KENNEDY
4670 Maxie Valley Road
Hustonville, Kentucky 40484;

RONALD LAMB
643 Sierra Circle
Stanford, Kentucky 40437;

PATRICIA LAMB
643 Sierra Circle
Stanford, Kentucky 40484;

DESI LAMB, BY AND THROUGH HER

PARENT AND NEXT FRIEND, RONALD LAMB
643 Sierra Circle
Stanford, Kentucky 40484;

Page 5 of 76
AIDEN LAMB, BY AND THROUGH HIS
PARENT AND NEXT FRIEND, RONALD LAMB
643 Sierra Circle
Stanford, Kentucky 40484;

TINA MAPLES
152 Spring Run Road
Stanford, Kentucky 40484;

DAVID MCFADDEN
553 Sierra Circle
Stanford, Kentucky 40484;

ALYSSA MCGUFFEY
2585 Bowen road
Stanford, Kentucky 40484;

BENNY MOORE
2345 Bowen Road
Stanford, Kentucky 40484;

ISAAC MOORE
2345 Bowen Road
Stanford, Kentucky 40484;

JAMES MOORE
2345 Bowen Road
Stanford, Kentucky 40484;

DONNA MOSLEY
224 Dotson Street
Hustonville, Kentucky 40437;

STEPHANIE MULLINS
2775 Highway 2141
Stanford, Kentucky 40484;

VIRGINIA PATTERSON
220 Indian Camp
Stanford, Kentucky 40484;

STEPHANIE PATTERSON
127 Featherbell Court
Shepherdsville, Kentucky 40165;

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JAMES PLUESS
404 Sierra Circle
Stanford, Kentucky 40484;

RENEE PLUESS
404 Sierra Circle
Stanford, Kentucky 40484;

SCOTT PRESTON
661 Sierra Circle
Stanford, Kentucky 40484;

TRACI PRESTON
661 Sierra Circle
Stanford, Kentucky 40484;

MATTHEW PRESTON
661 Sierra Circle
Stanford, Kentucky 40484;

VIRGINIA RAMOS
135 Young Drive
Stanford, Kentucky 40484;

TAMMY RIDGE
619 Sierra Circle
Stanford, Kentucky 40484;

RYAN RIDGWAY
276 Harris Creek
Stanford, Kentucky 40484;

THERESA RIDGWAY
276 Harris Creek
Stanford, Kentucky 40484;

RON'S RESIDENTIAL SERVICES INC

643 Sierra Circle
Stanford, Kentucky 40437;

JAXSON SAMMS, BY AND THROUGH HIS

PARENT AND NEXT FRIEND, TARA DENHAM
152 Spring Run Road
Stanford, Kentucky 40484;

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BRIAN SEARS
3409 E. KY 70
Stanford, Kentucky 40484;

CONNIE SMALLWOOD
427 Russell Street
Junction City, Kentucky 40444;

ESTATE OF WILLIAM THOMPSON, BY AND THROUGH

ITS EXECUTRIX, CONNIE SMALLWOOD
427 Russell Street
Junction City, Kentucky 40444;

PHILIP WADDELL, BY AND THROUGH HIS

ATTORNEY-IN-FACT, SHANNA HIGH
201 Spring Run Road
Stanford Kentucky 40484

BRAYDEN WEST, BY AND THROUGH HIS

PARENT AND NEXT FRIEND, TAMMY RIDGE
619 Sierra Circle
Stanford, Kentucky 40484;

DAVID WEST
619 Sierra Circle
Stanford, Kentucky 40484;

AUSTIN WILLIAMS
90 Lou Drive
Stanford, Kentucky 40484;

JAMES EVAN WILLIAMS, BY AND THROUGH HIS

PARENT AND NEXT FRIEND, CHRISTINA BARBER
4570 Highway 7
Stanford, Kentucky 40484;

SHEILA WILLIAMS
90 Lou Drive
Stanford, Kentucky 40484;

SHAWN WILLIAMS
4570 Highway 7
Stanford, Kentucky 40484;

Page 8 of 76
OBIE WILSON
2775 Highway 2141
Stanford, Kentucky 40484;

ESTATE OF DELMAR WILSON, BY AND THROUGH

ITS EXECUTRIX, ANGIE WILSON
180 Candlewood
Danville, Kentucky 40422;

CHRIS WORTHINGTON
2585 Bowen Road
Stanford, Kentucky 40484;

ZACHERY WORTHINGTON, BY AND THROUGH HIS

PARENT AND NEXT FRIEND, CHRIS WORTHINGTON
2585 Bowen Road
Stanford, Kentucky 40484;

JEREMY YATES, BY AND THROUGH HIS

PARENT AND NEXT FRIEND,
1250 Jefferies Lane
Hustonville, Kentucky 40437; and

v. COMPLAINT

TEXAS EASTERN TRANSMISSION, LP DEFENDANTS

Serve: CT Corporation, Registered Agent

306 W. Main Street
Frankfort, Kentucky 40601

SPECTRA ENERGY OPERATING COMPANY, LLC

Serve: CT Corporation, Registered Agent
306 W. Main Street
Frankfort, Kentucky 40601

SPECTRA ENERGY TRANSMISSION RESOURCES, LLC

Serve: Secretary of State
150 State Capitol Secretary of State to Serve:
700 Capital Avenue CT Corporation System, Reg. Agt.
Frankfort, KY 40601 1999 Bryan Street, Suite 900
Dallas, Texas 75201

Page 9 of 76
 and

Serve: Secretary of State

150 State Capitol Secretary of State to Serve:
700 Capital Avenue The Corporation Trust Co., Reg. Agt.
Frankfort, KY 40601 Corporation Trust Center
1209 Orange Street
Wilmington, Delaware 19801

SPECTRA ENERGY TRANSMISSION SERVICES, LLC

Serve: Secretary of State
150 State Capitol Secretary of State to Serve:
700 Capital Avenue CT Corporation System, Reg. Agt.
Frankfort, KY 40601 1999 Bryan Street, Suite 900
Dallas, Texas 75201

and

Serve: Secretary of State

150 State Capitol Secretary of State to Serve:
700 Capital Avenue The Corporation Trust Co., Reg. Agt.
Frankfort, KY 40601 Corporation Trust Center
1209 Orange Street
Wilmington, Delaware 19801

SPECTRA ENERGY CORP.

Serve: Secretary of State
150 State Capitol Secretary of State to Serve:
700 Capital Avenue CT Corporation System, Reg. Agt.
Frankfort, KY 40601 1999 Bryan Street, Suite 900
Dallas, Texas 75201
and

Serve: Secretary of State

150 State Capitol Secretary of State to Serve:
700 Capital Avenue The Corporation Trust Co., Reg. Agt.
Frankfort, KY 40601 Corporation Trust Center
1209 Orange Street
Wilmington, Delaware 19801

Page 10 of 76
ENBRIDGE (U.S.), INC.
Serve: Secretary of State
150 State Capitol Secretary of State to Serve:
700 Capital Avenue CT Corporation System, Reg. Agt.
Frankfort, KY 40601 1999 Bryan Street, Suite 900
Dallas, Texas 75201

and

Serve: Secretary of State

150 State Capitol Secretary of State to Serve:
700 Capital Avenue The Corporation Trust Co., Reg. Agt.
Frankfort, KY 40601 Corporation Trust Center
1209 Orange Street
Wilmington, Delaware 19801

NDT SYSTEMS & SERVICES (AMERICA) INC.;

Serve: Secretary of State
150 State Capitol Secretary of State to Serve:
700 Capital Avenue Incorp Services, Inc., Reg. Agt.
Frankfort, KY 40601 815 Brazos, Suite 500
Austin, TX 78701

and

Serve: Secretary of State

150 State Capitol Secretary of State to Serve:
700 Capital Avenue Incorp Services, Inc., Reg. Agt.
Frankfort, KY 40601 919 North Market Street, Suite 950
Wilmington, DE 19801

NDT SYSTEMS & SERVICES LLC;

Serve: Secretary of State
150 State Capitol Secretary of State to Serve:
700 Capital Avenue Cogency Global Inc., Reg. Agt.
Frankfort, KY 40601 1601 Elm St., Suite 4360
Dallas, TX 75201
and

Page 11 of 76
Serve: Secretary of State
150 State Capitol Secretary of State to Serve:
700 Capital Avenue Cogency Global Inc., Reg. Agt.
Frankfort, KY 40601 850 New Burton Road Suite 201
Dover, Delaware 19904

NDT GLOBAL LLC; and

Serve: Secretary of State
150 State Capitol Secretary of State to Serve:
700 Capital Avenue Cogency Global Inc., Reg. Agt.
Frankfort, KY 40601 1601 Elm St., Suite 4360
Dallas, TX 75201
and

Serve: Secretary of State

150 State Capitol Secretary of State to Serve:
700 Capital Avenue Cogency Global Inc., Reg. Agt.
Frankfort, KY 40601 850 New Burton Road Suite 201
Dover, Delaware 19904

UNKNOWN DANVILLE COMPRESSOR STATION OPERATOR

Serve: Via Warning Order Attorney

* * * * *

Come the Plaintiffs, Charles Baker, Jr.; Sheila Baker;

Christina Barber; Porsha Baxter, by and through her guardian and

next friend, Judy Gooch; Helen Biggs; Maxwell Bird; Carol Blakey;

Jasmine Blakey, by and through her parent and next friend, Carol

Blakey; Steve Bugg; Jowanna Clarkson; Patricia Coulter; William

Coulter; Angela Crank; Ean Daly; Tara Denham; Brandon Dewolfe;

Debbie Douglas; Tim Douglas; Jordan Edmonds, by and through his

guardian and next friend, Jowanna Clarkson; Jarod Elam; Jess

Farmer; Logan Farmer, by and through his parent and next friend,

Page 12 of 76
Jess Farmer; Ronald J. Givens, II, by and through his parent and

next friend, Ronald J. Givens, I; Reed Glasscock; Conley Gooch;

Sharon Gooch; Courtney Gooch; Ben Gooch, by and through his parent

and next friend, Conley Gooch; Zoey Gooch, by and through her

parent and next friend, Conley Gooch; Amber Gooch, by and through

her parent and next friend, Conley Gooch; Judy Gooch; Ricky Hall;

DeeDee Hall; Robert Hayes; Gracie Hayes, by and through her parent

and next friend, Robert Hayes; Brad Helm; Madeline Isbell, by and

through her guardian and next friend, Theresa Ridgway; Everado

Jaramillo; Carla Jaramillo; Samuel A. Jeffries; Tracy Jeffries;

Emily Jeffries, by and through her parent and next friend, Samuel

A. Jeffries; Reid Jeffries, by and through his parent and next

friend, Samuel A. Jeffries; Stanley Johnson; Baylee Karnes, by and

through her parent and next friend, DeeDee Hall; Ronald Kennedy;

Michael Kennedy; Ronald Lamb; Patricia Lamb; Desi Lamb, by and

through her parent and next friend, Ronald Lamb; Aiden Lamb, by

and through his parent and next friend, Ronald Lamb; Tina Maples;

David McFadden; Alyssa McGuffey; Benny Moore; Isaac Moore; James

Moore; Donna Mosley; Stephanie Mullins; Virginia Patterson;

Stephanie Patterson; James Pluess; Renee Pluess; Scott Preston;

Traci Preston; Matthew Preston; Virginia Ramos; Tammy Ridge; Ron's

Residential Services Inc; Jaxson Samms, by and through his parent

and next friend, Tara Denham; Brian Sears; Connie Smallwood;

Page 13 of 76
Brayden West, by and through his parent and next friend, Tammy

Ridge; Ryan Ridgway; Theresa Ridgway; Philip Waddell, by and

through his attorney-in-fact, Shanna High; David West; Austin

Williams; James Evan Williams, by and through his parent and next

friend, Christina Barber; Sheila Williams; Shawn Williams; Obie

Wilson; Chris Worthington; Zachery Worthington, by and through his

parent and next friend, Chris Worthington; and Jeremy Yates, by

and through his parent and next friend, Rebecca Montgomery; Estate

of William Thompson, by and through its Executrix, Connie

Smallwood; and Estate of Delmar Wilson, by and through his

Executrix, Angie Wilson, by and through counsel, in accordance

with CR 20.01, for their cause of action against the Defendants,

state as follows, to-wit:

PARTIES

1. Plaintiffs, at all relevant times herein, have resided

in the Commonwealth of Kentucky, and the injuries and damages

claimed herein have occurred within the Commonwealth of Kentucky.

2. That the Defendant, Texas Eastern Transmission, LP, is

a foreign limited partnership with a principal place of business

in Houston, Texas, and a registered agent of CT Corporation System,

306 West Main Street, Suite 512, Frankfort Kentucky 40601.

3. That the Defendant, Spectra Energy Operating Company,

LLC, is a foreign limited liability company with a principal place

Page 14 of 76
of business in Houston, Texas, and a registered agent of CT

Corporation System, 306 West Main Street, Suite 512, Frankfort

Kentucky 40601.

4. That the Defendant, Spectra Energy Transmission

Resources, LLC, is a foreign limited liability company and General

Partner of Defendant, Texas Eastern Transmission, LP, having a

principal place of business in Houston, Texas, and has registered

agents of CT Corporation System, at 1999 Bryan Street, Suite 900,

Dallas, Texas 75201 and The Corporation Trust Company, Corporation

Trust Center, 1209 Orange Street, Wilmington, Delaware 19801.

5. That the Defendant, Spectra Energy Transmission

Services, LLC, is a foreign limited liability company and General

Partner of Defendant, Texas Eastern Transmission, LP, with a

principal place of business in Houston, Texas, and has registered

agents of CT Corporation System, at 1999 Bryan Street, Suite 900,

Dallas, Texas 75201 and The Corporation Trust Company, Corporation

Trust Center, 1209 Orange Street, Wilmington, Delaware 19801.

6. That the Defendant, Spectra Energy Corp., is a foreign

corporation with a principal place of business in Houston, Texas,

and has registered agents of CT Corporation System, at 1999 Bryan

Street, Suite 900, Dallas, Texas 75201 and The Corporation Trust

Company, Corporation Trust Center, 1209 Orange Street, Wilmington,

Delaware 19801.

Page 15 of 76
 7. That the Defendant, Enbridge (U.S.), Inc., is a foreign

corporation with a principal place of business in Houston, Texas,

and has registered agents of CT Corporation System, at 1999 Bryan

Street, Suite 900, Dallas, Texas 75201 and The Corporation Trust

Company, Corporation Trust Center, 1209 Orange Street, Wilmington,

Delaware 19801.

8. That the Defendant, NDT Systems & Services (America)

Inc., is a foreign corporation with a principal place of business

in Houston, Texas, and has registered agents of Incorp Services,

Inc., 815 Brazos, Suite 500, Austin, TX 78701 and Incorp Services,

Inc., 919 North Market Street, Suite 950, Wilmington, DE 19801.

9. That the Defendant, NDT Systems & Services LLC, is a

foreign limited liability company with a principal place of

business in Houston, Texas, and has registered agents of Cogency

Global Inc., 1601 Elm St., Suite 4360, Dallas, TX 75201 and Cogency

Global Inc.,850 New Burton Road Suite 201, Dover, Delaware 19904.

10. That the Defendant, NDT Global LLC, is a foreign limited

liability company with a principal place of business in Houston,

Texas, and has registered agents of Cogency Global Inc., 1601 Elm

St., Suite 4360, Dallas, TX 75201 and Cogency Global Inc.,850 New

Burton Road Suite 201, Dover, Delaware 19904.

11. That the Defendant, Unknown Danville Compressor Station

Operator, is upon information and belief, a resident and citizen

Page 16 of 76
of the Commonwealth of Kentucky, and will be more accurately named

once his or her identity is provided in discovery.

JURISDICTION AND VENUE

12. That the circumstances giving rise to this Complaint

took place in Lincoln County, Kentucky.

13. That the amount of damages sustained by each Plaintiff

is in excess of the minimum jurisdictional limits of this Court.

14. That the Lincoln Circuit Court has personal jurisdiction

over the parties hereto and the subject matter herein.

15. That this Court has jurisdiction over this matter

because: (1) Plaintiffs are not asserting federal claims and (2)

Defendant, Unknown Danville Compressor Station Operator, is upon

information and belief a citizen of Kentucky. As Plaintiffs and

this Defendant are all residents and citizens of Kentucky, this

lawsuit is not subject to removal for diversity jurisdiction, under

28 U.S.C. § 1441(b).

16. That the Defendant, Unknown Danville Compressor Station

Operator, is a necessary party to this matter because it is

believed that his/her negligent, grossly negligent, wanton and/or

reckless actions contributed to Plaintiffs’ injuries and damages.

FACTS

17. That at all times relevant hereto, Defendants owned,

controlled, operated, and/or supervised the Texas Eastern

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Transmission Pipeline (the “Pipeline”) a pressurized bi-

directional onshore gas pipeline system that is approximately

9,000 miles long, and which moves approximately 20% of all natural

gas in the United States.

18. That the Pipeline transports gas from the Gulf of

Mexico in Texas and Louisiana through Mississippi, Arkansas,

Tennessee, Missouri, Kentucky, Illinois, Indiana, Ohio, and

Pennsylvania, to the New York City area, and also transports gas

in a southerly direction, as reflected in red on the following

image:

Page 18 of 76
 19. Construction of the Pipeline began in the 1940s. There

are three (3) lines -- Lines 10, 15, and 25 -- that run parallel

through Central Kentucky, including Lincoln County. There are

numerous compressor stations along the entire length of the

Pipeline, one of which is located in Danville, Kentucky.

20. That a section of the Pipeline failed and exploded in

Lincoln County, Kentucky, early in the morning hours of August 1,

2019, creating a crater approximately 50-feet-long, 35-feet-wide,

and 13-feet-deep, and resulting in the release of roughly 66

million cubic feet of natural gas.

21. That personnel at the Danville, Kentucky compressor

station, including but not limited to Unknown Danville Compressor

Station Operator, eventually, and after delay, closed the Pipeline

discharge valve north of the failure site, and other personnel,

eventually and after delay, later closed a valve elsewhere on the

line.

22. That the jet-like fire projection from the Pipeline

failure and explosion shot toward the surrounding structures, as

shown by the scorch marks on the photo below:

Page 19 of 76
 23. That the Pipeline failure and explosion resulted in

flames, fumes, smoke, and ash being shot high in the air, and a

fire that burned numerous structures and destroyed the vegetation

over several acres of land.

24. That the explosion, fire, and ensuing fumes, smoke,

and ash resulted in the death of one (1) person, and caused severe

and permanent bodily and/or mental injury to a vast multitude of

individuals, including Plaintiffs, and additionally caused

substantial property damage to a vast multitude of individuals,

including Plaintiffs.

Page 20 of 76
 25. That the Pipeline failure and explosion occurred due

to the reckless, wanton, negligent, and/or grossly negligent

conduct and/or omissions of Defendants.

26. That the Pipeline failure and explosion occurred due

to Defendants’ reckless, wanton, negligent and/or gross negligent

disregard for the lives, safety, and/or property of others.

27. That the Pipeline failure and explosion occurred

without any recklessness, wanton, or negligent conduct by

Plaintiffs.

28. That natural gas is of a highly dangerous, penetrating,

elusive, and of an explosive nature, and requires great care,

maintenance, and supervision to maintain perfectly tight mains,

pipes, and regulators in order to secure safety in its management,

transmission, and control, all of which were well-known to the

Defendants.

29. That the Pipeline failure and explosion was

foreseeable, or should have been foreseeable, and could/should

have been prevented.

30. That upon information and belief, there have been

numerous prior catastrophic failures on the Pipeline, including,

but not limited to:

a. April 27, 1985 [KY]: the Pipeline exploded in

Metcalfe County, Kentucky, killing five (5) and

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 destroying two (2) homes, three (3) trailers, a

sawmill, two (2) barns, and numerous vehicles. The

resulting crater was approximately 90-feet-long,

38-feet- wide, and 12-feet-deep;

b. October 26, 1985 [KY]: the Pipeline exploded in

Fleming County, Kentucky;

c. February 21, 1986 [KY]: the Pipeline exploded in

Garrard County, Kentucky, destroying three (3)

homes and injuring six (6) people, and forcing the

evacuation of many others;

d. November 2, 2003 [KY]: the Pipeline exploded in

Bath County, Kentucky;

e. April 29, 2016: the Pipeline exploded in

Greensburg, Pennsylvania, resulting in one (1)

person suffering 3rd degree burns to 75% of his

body; and

f. January 21, 2019: the Pipeline exploded in Noble

County, Ohio, injuring two (2) people and

destroying two (2) homes; and

g. May 4, 2020 [KY]: the Pipeline exploded in Fleming

County, Kentucky, and said Tuesday that it has

shut-in a section of the pipeline and secured the

area.

Page 22 of 76
 31. That the Pipeline failure and explosion that happened in

Lincoln County on August 1, 2019, occurred approximately ten (10)

miles from the site of the February 21, 1986 explosion.

32. That upon information and belief, the individual who

died as the result of the August 1, 2019 failure and explosion was

the ninth (9th) person in the United States of America, and the

sixth (6th) in Kentucky, to die as the result of a failure along

the Pipeline since 1985.

33. That the Plaintiffs are individuals that reside in the

Commonwealth of Kentucky who have sustained injuries to person and

property as the result of failures along the Pipeline.

COUNT I
Negligence

34. That the Plaintiffs adopt and reiterate each and every

allegation stated above as if set out fully in this paragraph and

incorporate them by reference.

35. That the Defendants are and were at the time of the

Pipeline explosion, engaged in the ultrahazardous and/or

abnormally dangerous activity of transporting natural gas through

their Pipeline for profit.

36. That the Defendants owed a duty of care to Plaintiffs

and other surrounding landowners of the property through which the

Pipeline is situated to construct, operate, and maintain their gas

Page 23 of 76
distribution system and the Pipeline so as to prevent the escape

of gas therefrom and/or an explosion therefrom, and/or to protect

the public and all proximately located individuals, including

Plaintiffs, from harm arising from Defendants’ use of the Pipeline.

37. That the Defendants and their agents, ostensible agents,

servants, employees, and/or other representatives breached their

duty of care to Plaintiffs in multiple respects, including, but

not limited to:

a. failing to properly design, construct, mark, and/or

install the Pipeline, and failing to ensure the

proper design, construction, and/or installation of

the same;

b. failing to properly inspect, monitor, assess,

evaluate, and/or maintain the Pipeline, its

integrity and the surrounding area, and failing to

ensure the proper inspection, monitoring,

assessment, evaluation, and/or maintenance of the

same;

c. failure to adequately and/or properly secure the

area surrounding the Pipeline prior to and during

its use;

d. failing to identify and/or correct hazardous

conditions in the Pipeline, its integrity, and/or

Page 24 of 76
 the area surrounding same;

e. failing to perform necessary repairs on the

Pipeline and its appurtenances and equipment;

f. failing to provide adequate personnel, supervision,

and oversight of individuals and/or entities

utilized in the inspection, repair, and/or

maintenance of the Pipeline, its integrity, and/or

the area surrounding same;

g. failing to operate the Pipeline in a safe manner

and in a safe condition;

h. failing to install, maintain, and/or remove safety

devices and systems which protected or should

protect the Pipeline, its integrity, and/or the

area surrounding same;

i. failing to properly assess, hire, train, and/or

supervise their agents/servants/employees

/representatives;

j. failing to have in place an appropriate and/or

effective emergency plan or emergency procedures;

k. failing to properly report and alleviate and/or

correct hazardous conditions on the Pipeline;

l. failing to utilize proper materials, fittings, and

appurtenances for the Pipeline, and failing to

Page 25 of 76
 properly test and/or inspect such materials,

fittings, and appurtenances, and their installation

and construction within the Pipeline;

m. failing to ensure that all persons operating,

repairing and/or maintaining the Pipeline were

properly qualified and had adequate training and

experience;

n. failing to adopt and/or enforce adequate

procedures, including, but not limited to,

procedures for operations, maintenance,

emergencies, and/or repair of the Pipeline;

o. failing to have and maintain adequate information

and records regarding the Pipeline and its

condition;

p. failing to warn regarding the hazardous conditions

of the Pipeline;

q. failing to provide adequate emergency response

training;

r. failure to properly monitor gas flow and/or take

corrective action;

s. operating the Pipeline at a dangerous pressure

level;

t. failing to have in place an adequate system for

Page 26 of 76
 providing information necessary for the safe

operation, maintenance, and repair of the Pipeline;

u. failing to ensure that repairs of the Pipeline were

performed in a safe manner;

v. failing to have an adequate damage prevention

program;

w. failing to install, maintain, or monitor an

adequate cathodic protection system, and correct

and/or repair corrosion on the Pipeline; and

x. failing to discharge any other obligation which may

be determined once the NTSB Report is released and

discovery has ensued.

38. That the Pipeline explosion was foreseeable, or should

have been foreseeable, and could have been prevented.

39. That the Defendants’ breach of the duty of care owed to

Plaintiffs was the direct and proximate cause of physical, mental,

emotional, and financial injuries suffered by Plaintiffs,

including, but not limited to:

a. Mental, emotional and physical pain and suffering,

both of a temporary and permanent nature, and of a

past, present and future nature, all to their

damage in a sum to be determined by a jury sitting

in the trial of this matter;

Page 27 of 76
 b. the expenditure of sums of money for hospital,

medical, and other rehabilitation expenses, and

will be caused to expend such sums of money in the

future, in an amount to be determined by a jury

sitting in the trial of this matter;

c. missed work and/or business and lost wages or

income, and loss of the ability to earn future

income, and other financial hardships and losses,

in an amount to be determined by a jury sitting in

the trial of this matter;

d. loss of the Plaintiffs’ ability to lead and enjoy

a normal life, all to their damage, in a sum to be

determined by a jury sitting in the trial of this

matter;

e. damage to real property in a sum to be determined

by a jury sitting in the trial of this matter; and

f. damage to personal property in a sum to be

determined by a jury sitting in the trial of this

matter.

COUNT II
Gross Negligence/Punitive Damages

40. That the Plaintiffs adopt and reiterate each and every

allegation stated above as if set out fully in this paragraph and

Page 28 of 76
incorporate them by reference.

41. That the Defendants acted recklessly, wantonly, with

gross negligence, and/or with extreme indifference or reckless

disregard for the consequences of their actions, as well as

exhibiting a reckless, wanton, willful and gross negligent

disregard for the life, safety, and health of others, including

Plaintiffs, warranting the imposition of punitive damages pursuant

to KRS 411.184 and 411.186.

42. That the Defendants’ actions and/or breach of their duty

of care described hereinabove proximately and directly resulted in

physical, emotional, and financial injuries to Plaintiffs.

COUNT III
Negligence Per Se

43. That the Plaintiffs adopt and reiterate each and every

allegation stated above as if set out fully in this paragraph and

incorporate them by reference.

44. That the Pipeline failure and explosion resulted from

Defendants’ violation of state and federal statutes and/or

regulations.

45. That said violations constitute negligence per se.

46. That the Plaintiffs are within the class of individuals

intended to be protected by the violated statutes and regulations.

47. That the Plaintiffs suffered physical, mental, and

Page 29 of 76
emotional damages as the direct and proximate result of Defendants’

violations of said statutes and regulations.

COUNT IV
Respondeat Superior

48. That the Plaintiffs adopt and reiterate each and every

allegation stated above as if set out fully in this paragraph and

incorporate them by reference.

49. That the Defendants, by and through their employees,

agents, and/or representatives, including, but not limited to,

Defendant, Unknown Danville Compressor Station Operator, acted or

failed to act in such a negligent, reckless, and/or intentional

manner so as to cause Plaintiffs to suffer serious bodily,

emotional, and financial injury.

50. That upon information and belief, on the date of the

Pipeline failure and explosion, Defendants’ employees, agents,

and/or representatives, including, but not limited to, Defendant,

Unknown Danville Compressor Station Operator, were acting in the

course and scope of their employment with Defendants.

51. That the Defendants authorized, ratified, and/or should

have anticipated the conduct of their employees, including, but

not limited to, the Unknown Danville Compressor Station Operator,

subjecting Defendants to punitive damages.

52. That the doctrine of respondeat superior applies to

Page 30 of 76
Defendants for the negligent, reckless, and/or intentional acts

and/or failure to act of their employees, including, but not

limited to, Defendant, Unknown Danville Compressor Station

Operator.

COUNT V
Nuisance

53. That the Plaintiffs adopt and reiterate each and every

allegation stated above as if set out fully in this paragraph and

incorporate them by reference.

54. The Pipeline failure and explosion caused a jet-like

fire projection that burned numerous structures and destroyed the

vegetation over several acres of land, ejected millions of cubic

feet of natural gas and noxious fumes, launched dirt, rock, and

other projectiles, and caused smoke and ash to be ejected into

the air and fall onto surrounding land and personal property,

causing a substantial and unreasonable interference with

Plaintiffs’ lawful use and enjoyment of their property, and

therefore constitutes a nuisance.

55. That the Defendants’ use of the Pipeline, site of the

Pipeline failure, surrounding air, and/or Plaintiffs’ property,

was unreasonable.

56. Plaintiffs have been impacted and damaged by the

nuisance caused by Defendants and/or their employees,

Page 31 of 76
representatives, agents, or servants, and it has negatively

impacted both their property values and the lawful use and

enjoyment of their property.

57. As a result of the nuisance caused by Defendants,

Plaintiffs has suffered compensatory damages in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT VI
Trespass

58. That the Plaintiffs adopt and reiterate each and every

allegation stated above as if set out fully in this paragraph and

incorporate them by reference.

59. That the Defendants negligently breached their duty of

due care to Plaintiffs in any or all of the ways described herein

above.

60. That the Defendants’ breach of their duty of care caused

excessive heat, fumes, debris, smoke, and ash to enter Plaintiffs’

land, home, property, as well as the very air they breathe on their

land and in their home.

61. That the presence of said heat, fumes, debris, smoke,

and ash caused actual harm to Plaintiffs’ land, home, property,

and bodies.

COUNT VII
Intentional Infliction of Emotional Distress

62. That the Plaintiffs adopt and reiterate each and every

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allegation stated above as if set out fully in this paragraph and

incorporate them by reference.

63. That the Defendants’ actions which resulted in the

Pipeline failure and explosion were intentional and/or reckless,

offensive, and against generally accepted standards of decency and

morality.

64. That the Defendants knew or should have known that their

conduct would cause Plaintiffs severe emotional distress.

65. That as a direct and proximate result of the actions of

Defendants, Plaintiffs suffered severe and serious emotional

injury that a reasonable person, normally constituted, would not

be expected to endure.

COUNT VIII
Negligent Infliction of Emotional Distress

66. That the Plaintiffs adopt and reiterate each and every

allegation stated above as if set out fully in this paragraph and

incorporate them by reference.

67. That the Defendants owed Plaintiffs a duty of care to

protect them from harm arising from Defendants’ use of the

Pipeline, as described more particularly above.

68. That the Defendants breached the duty of care owed to

Plaintiffs in any or all of the manners described hereinabove.

69. That as a direct and proximate result of the actions of

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Defendants, Plaintiffs suffered severe and serious emotional

injury that a reasonable person, normally constituted, would not

be expected to endure.

COUNT IX
Charles Baker, Jr.

70. That the Plaintiff, Charles Baker, Jr., adopts and

reiterates each and every allegation stated above as if set out

fully in this paragraph and incorporate them by reference.

71. As a result of the above-described actions of

Defendants, Charles Baker, Jr. suffered personal injuries and

resulting damages in an amount exceeding the minimum

jurisdictional amount of this court.

72. As a result of the above-described actions of

Defendants, Charles Baker, Jr. suffered property damage in an

amount exceeding the minimum jurisdictional amount of this court.

COUNT X
Sheila Baker

73. That the Plaintiff, Sheila Baker, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

74. As a result of the above-described actions of

Defendants, Sheila Baker suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

Page 34 of 76
 75. As a result of the above-described actions of

Defendants, Sheila Baker suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT XI
Christena Barber
76. That the Plaintiff, Christina Barber, adopts and

reiterates each and every allegation stated above as if set out

fully in this paragraph and incorporate them by reference.

77. As a result of the above-described actions of

Defendants, Christina Barber suffered personal injuries and

resulting damages in an amount exceeding the minimum

jurisdictional amount of this court.

COUNT XII
Porsha Baxter, by and through her
guardian and next friend, Judy Gooch

78. That the Plaintiff, Porsha Baxter, by and through her

guardian and next friend, Judy Gooch, adopts and reiterates each

and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

79. As a result of the above-described actions of

Defendants, Porsha Baxter, by and through her guardian and next

friend, Judy Gooch suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

80. As a result of the above-described actions of

Page 35 of 76
Defendants, Porsha Baxter, by and through her guardian and next

friend, Judy Gooch suffered property damage in an amount exceeding

the minimum jurisdictional amount of this court.

COUNT XIII
Helen Biggs

81. That the Plaintiff, Helen Biggs, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

82. As a result of the above-described actions of

Defendants, Helen Biggs suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

COUNT XIV
Maxwell Bird

83. That the Plaintiff, Maxwell Bird, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

84. As a result of the above-described actions of

Defendants, Maxwell Bird suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

COUNT XV
Carol Blakey

85. That the Plaintiff, Carol Blakey, adopts and reiterates

Page 36 of 76
each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

86. As a result of the above-described actions of

Defendants, Carol Blakey suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

COUNT XVI
Jasmine Blakey, by and through her
parent and next friend, Carol Blakey

87. That the Plaintiff, Jasmine Blakey, by and through her

parent and next friend, Carol Blakey, adopts and reiterates each

and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

88. As a result of the above-described actions of

Defendants, Jasmine Blakey, by and through her parent and next

friend, Carol Blakey suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

COUNT XVII
Steve Bugg

89. That the Plaintiff, Steve Bugg, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

90. As a result of the above-described actions of

Page 37 of 76
Defendants, Steve Bugg suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

COUNT XVIII
Jowanna Clarkson

91. That the Plaintiff, Jowanna Clarkson, adopts and

reiterates each and every allegation stated above as if set out

fully in this paragraph and incorporate them by reference.

92. As a result of the above-described actions of

Defendants, Jowanna Clarkson suffered personal injuries and

resulting damages in an amount exceeding the minimum

jurisdictional amount of this court.

93. As a result of the above-described actions of

Defendants, Jowanna Clarkson suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT XIX
Patricia Coulter

94. That the Plaintiff, Patricia Coulter, adopts and

reiterates each and every allegation stated above as if set out

fully in this paragraph and incorporate them by reference.

95. As a result of the above-described actions of

Defendants, Patricia Coulter suffered personal injuries and

resulting damages in an amount exceeding the minimum

jurisdictional amount of this court.

Page 38 of 76
 96. As a result of the above-described actions of

Defendants, Patricia Coulter suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT XX
William Coulter

97. That the Plaintiff, William Coulter, adopts and

reiterates each and every allegation stated above as if set out

fully in this paragraph and incorporate them by reference.

98. As a result of the above-described actions of

Defendants, William Coulter suffered personal injuries and

resulting damages in an amount exceeding the minimum

jurisdictional amount of this court.

99. As a result of the above-described actions of

Defendants, William Coulter suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT XXI
Angela Crank

100. That the Plaintiff, Angela Crank, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

101. As a result of the above-described actions of

Defendants, Angela Crank suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

Page 39 of 76
 COUNT XXII
Ean Daly

102. That the Plaintiff, Ean Daly, adopts and reiterates each

and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

103. As a result of the above-described actions of

Defendants, Ean Daly suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

COUNT XXIII
Tara Denham

104. That the Plaintiff, Tara Denham, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

105. As a result of the above-described actions of

Defendants, Tara Denham suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

COUNT XXIV
Brandon Dewolfe

106. That the Plaintiff, Brandon Dewolfe, adopts and

reiterates each and every allegation stated above as if set out

fully in this paragraph and incorporate them by reference.

107. As a result of the above-described actions of

Page 40 of 76
Defendants, Brandon Dewolfe suffered personal injuries and

resulting damages in an amount exceeding the minimum

jurisdictional amount of this court.

COUNT XXV
Debbie Douglas

108. That the Plaintiff, Debbie Douglas, adopts and

reiterates each and every allegation stated above as if set out

fully in this paragraph and incorporate them by reference.

109. As a result of the above-described actions of

Defendants, Debbie Douglas suffered personal injuries and

resulting damages in an amount exceeding the minimum

jurisdictional amount of this court.

110. As a result of the above-described actions of

Defendants, Debbie Douglas suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT XXVI
Tim Douglas

111. That the Plaintiff, Tim Douglas, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

112. As a result of the above-described actions of

Defendants, Tim Douglas suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

Page 41 of 76
of this court.

113. As a result of the above-described actions of

Defendants, Tim Douglas suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT XXVII
Jordan Edmonds, by and through his
guardian and next friend, Jowanna Clarkson

114. That the Plaintiff, Jordan Edmonds, by and through his

guardian and next friend, Jowanna Clarkson, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

115. As a result of the above-described actions of

Defendants, Jordan Edmonds, by and through his guardian and next

friend, Jowanna Clarkson suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

COUNT XXVIII
Jarod Elam

116. That the Plaintiff, Jarod Elam, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

117. As a result of the above-described actions of

Defendants, Jarod Elam suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

Page 42 of 76
of this court.

COUNT XXIX
Jess Farmer

118. That the Plaintiff, Jess Farmer, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

119. As a result of the above-described actions of

Defendants, Jess Farmer suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

120. As a result of the above-described actions of

Defendants, Jess Farmer suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT XXX
Logan Farmer, by and through his
parent and next friend, Jess Farmer

121. That the Plaintiff, Logan Farmer, by and through his

parent and next friend, Jess Farmer, adopts and reiterates each

and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

122. As a result of the above-described actions of

Defendants, Logan Farmer, by and through his parent and next

friend, Jess Farmer suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

Page 43 of 76
of this court.

COUNT XXXI
Ronald J. Givens, II, by and through his
parent and next friend, Ronald J. Givens, I

123. That the Plaintiff, Ronald J. Givens, II, by and through

his parent and next friend, Ronald J. Givens, I, adopts and

reiterates each and every allegation stated above as if set out

fully in this paragraph and incorporate them by reference.

124. As a result of the above-described actions of

Defendants, Ronald J. Givens, II, by and through his parent and

next friend, Ronald J. Givens, I suffered personal injuries and

resulting damages in an amount exceeding the minimum

jurisdictional amount of this court.

COUNT XXXII
Reed Glasscock

125. That the Plaintiff, Reed Glasscock, adopts and

reiterates each and every allegation stated above as if set out

fully in this paragraph and incorporate them by reference.

126. As a result of the above-described actions of

Defendants, Reed Glasscock suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT XXXIII
Conley Gooch

127. That the Plaintiff, Conley Gooch, adopts and reiterates

each and every allegation stated above as if set out fully in this

Page 44 of 76
paragraph and incorporate them by reference.

128. As a result of the above-described actions of

Defendants, Conley Gooch suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

129. As a result of the above-described actions of

Defendants, Conley Gooch suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT XXXIV
Sharon Gooch

130. That the Plaintiff, Sharon Gooch, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

131. As a result of the above-described actions of

Defendants, Sharon Gooch suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

132. As a result of the above-described actions of

Defendants, Sharon Gooch suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT XXXV
Courtney Gooch

133. That the Plaintiff, Courtney Gooch, adopts and

reiterates each and every allegation stated above as if set out

Page 45 of 76
fully in this paragraph and incorporate them by reference.

134. As a result of the above-described actions of

Defendants, Courtney Gooch suffered personal injuries and

resulting damages in an amount exceeding the minimum

jurisdictional amount of this court.

135. As a result of the above-described actions of

Defendants, Courtney Gooch suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT XXXVI
Ben Gooch, by and through his
parent and next friend, Conley Gooch

136. That the Plaintiff, Ben Gooch, by and through his parent

and next friend, Conley Gooch, adopts and reiterates each and every

allegation stated above as if set out fully in this paragraph and

incorporate them by reference.

137. As a result of the above-described actions of

Defendants, Ben Gooch, by and through his parent and next friend,

Conley Gooch suffered personal injuries and resulting damages in

an amount exceeding the minimum jurisdictional amount of this

court.

138. As a result of the above-described actions of

Defendants, Ben Gooch, by and through his parent and next friend,

Conley Gooch suffered property damage in an amount exceeding the

minimum jurisdictional amount of this court.

Page 46 of 76
 COUNT XXXVII
Zoey Gooch, by and through her
parent and next friend, Conley Gooch

139. That the Plaintiff, Zoey Gooch, by and through her parent

and next friend, Conley Gooch, adopts and reiterates each and every

allegation stated above as if set out fully in this paragraph and

incorporate them by reference.

140. As a result of the above-described actions of

Defendants, Zoey Gooch, by and through her parent and next friend,

Conley Gooch suffered personal injuries and resulting damages in

an amount exceeding the minimum jurisdictional amount of this

court.

141. As a result of the above-described actions of

Defendants, Zoey Gooch, by and through her parent and next friend,

Conley Gooch suffered property damage in an amount exceeding the

minimum jurisdictional amount of this court.

COUNT XXXVIII
Amber Gooch, by and through her
parent and next friend, Conley Gooch

142. That the Plaintiff, Amber Gooch, by and through her

parent and next friend, Conley Gooch, adopts and reiterates each

and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

143. As a result of the above-described actions of

Defendants, Amber Gooch, by and through her parent and next friend,

Page 47 of 76
Conley Gooch suffered personal injuries and resulting damages in

an amount exceeding the minimum jurisdictional amount of this

court.

144. As a result of the above-described actions of

Defendants, Amber Gooch, by and through her parent and next friend,

Conley Gooch suffered property damage in an amount exceeding the

minimum jurisdictional amount of this court.

COUNT XXXIX
Judy Gooch

145. That the Plaintiff, Judy Gooch, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

146. As a result of the above-described actions of

Defendants, Judy Gooch suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

147. As a result of the above-described actions of

Defendants, Judy Gooch suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT XL
Ricky Hall

148. That the Plaintiff, Ricky Hall, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

Page 48 of 76
 149. As a result of the above-described actions of

Defendants, Ricky Hall suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

150. As a result of the above-described actions of

Defendants, Ricky Hall suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT XLI
DeeDee Hall

151. That the Plaintiff, DeeDee Hall, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

152. As a result of the above-described actions of

Defendants, DeeDee Hall suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

153. As a result of the above-described actions of

Defendants, DeeDee Hall suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT XLII
Robert Hayes

154. That the Plaintiff, Robert Hayes, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

Page 49 of 76
 155. As a result of the above-described actions of

Defendants, Robert Hayes suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

156. As a result of the above-described actions of

Defendants, Robert Hayes suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT XLIII
Gracie Hayes, by and through her
parent and next friend, Robert Hayes

157. That the Plaintiff, Gracie Hayes, by and through her

parent and next friend, Robert Hayes, adopts and reiterates each

and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

158. As a result of the above-described actions of

Defendants, Gracie Hayes, by and through her parent and next

friend, Robert Hayes suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

COUNT XLIV
Brad Helm

159. That the Plaintiff, Brad Helm, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

Page 50 of 76
 160. As a result of the above-described actions of

Defendants, Brad Helm suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

161. As a result of the above-described actions of

Defendants, Brad Helm suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT XLV
Madeline Isbell, by and through her guardian
and next friend, Theresa Ridgway

162. That the Plaintiff, Madeline Isbell, by and through her

guardian and next friend, Theresa Ridgway adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

163. As a result of the above-described actions of

Defendants, Madeline Isbell, by and through her guardian and next

friend, Theresa Ridgway suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

COUNT XLVI
Everado Jaramillo

164. That the Plaintiff, Everado Jaramillo, adopts and

reiterates each and every allegation stated above as if set out

fully in this paragraph and incorporate them by reference.

Page 51 of 76
 165. As a result of the above-described actions of

Defendants, Everado Jaramillo suffered personal injuries and

resulting damages in an amount exceeding the minimum

jurisdictional amount of this court.

166. As a result of the above-described actions of

Defendants, Everado Jaramillo suffered property damage in an

amount exceeding the minimum jurisdictional amount of this court.

COUNT XLVII
Carla Jaramillo

167. That the Plaintiff, Carla Jaramillo, adopts and

reiterates each and every allegation stated above as if set out

fully in this paragraph and incorporate them by reference.

168. As a result of the above-described actions of

Defendants, Carla Jaramillo suffered personal injuries and

resulting damages in an amount exceeding the minimum

jurisdictional amount of this court.

169. As a result of the above-described actions of

Defendants, Carla Jaramillo suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT XLVIII
Samuel A. Jeffries

170. That the Plaintiff, Samuel A. Jeffries, adopts and

reiterates each and every allegation stated above as if set out

fully in this paragraph and incorporate them by reference.

Page 52 of 76
 171. As a result of the above-described actions of

Defendants, Samuel A. Jeffries suffered personal injuries and

resulting damages in an amount exceeding the minimum

jurisdictional amount of this court.

172. As a result of the above-described actions of

Defendants, Samuel A. Jeffries suffered property damage in an

amount exceeding the minimum jurisdictional amount of this court.

COUNT XLIX
Tracy Jeffries

173. That the Plaintiff, Tracy Jeffries, adopts and

reiterates each and every allegation stated above as if set out

fully in this paragraph and incorporate them by reference.

174. As a result of the above-described actions of

Defendants, Tracy Jeffries suffered personal injuries and

resulting damages in an amount exceeding the minimum

jurisdictional amount of this court.

175. As a result of the above-described actions of

Defendants, Tracy Jeffries suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT L
Emily Jeffries, by and through her
parent and next friend, Samuel A. Jeffries

176. That the Plaintiff, Emily Jeffries, by and through her

parent and next friend, Samuel A. Jeffries, adopts and reiterates

Page 53 of 76
each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

177. As a result of the above-described actions of

Defendants, Emily Jeffries, by and through her parent and next

friend, Samuel A. Jeffries suffered personal injuries and

resulting damages in an amount exceeding the minimum

jurisdictional amount of this court.

COUNT LI
Reid Jeffries, by and through his
parent and next friend, Samuel A. Jeffries

178. That the Plaintiff, Reid Jeffries, by and through his

parent and next friend, Samuel A. Jeffries, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

179. As a result of the above-described actions of

Defendants, Reid Jeffries, by and through his parent and next

friend, Samuel A. Jeffries suffered personal injuries and

resulting damages in an amount exceeding the minimum

jurisdictional amount of this court.

COUNT LII
Stanley Johnson

180. That the Plaintiff, Stanley Johnson, adopts and

reiterates each and every allegation stated above as if set out

fully in this paragraph and incorporate them by reference.

Page 54 of 76
 181. As a result of the above-described actions of

Defendants, Stanley Johnson suffered personal injuries and

resulting damages in an amount exceeding the minimum

jurisdictional amount of this court.

COUNT LIII
Baylee Karnes, by and through her
parent and next friend, DeeDee Hall

182. That the Plaintiff, Baylee Karnes, by and through her

parent and next friend, DeeDee Hall, adopts and reiterates each

and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

183. As a result of the above-described actions of

Defendants, Baylee Karnes, by and through her parent and next

friend, DeeDee Hall suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

COUNT LIV
Ronald Kennedy

184. That the Plaintiff, Ronald Kennedy, adopts and

reiterates each and every allegation stated above as if set out

fully in this paragraph and incorporate them by reference.

185. As a result of the above-described actions of

Defendants, Ronald Kennedy suffered personal injuries and

Page 55 of 76
resulting damages in an amount exceeding the minimum

jurisdictional amount of this court.

COUNT LV
Michael Kennedy

186. That the Plaintiff, Michael Kennedy, adopts and

reiterates each and every allegation stated above as if set out

fully in this paragraph and incorporate them by reference.

187. As a result of the above-described actions of

Defendants, Michael Kennedy suffered personal injuries and

resulting damages in an amount exceeding the minimum

jurisdictional amount of this court.

COUNT LVI
Ronald Lamb

188. That the Plaintiff, Ronald Lamb, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

189. As a result of the above-described actions of

Defendants, Ronald Lamb suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

190. As a result of the above-described actions of

Defendants, Ronald Lamb suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

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 COUNT LVII
Patricia Lamb

191. That the Plaintiff, Patricia Lamb, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

192. As a result of the above-described actions of

Defendants, Patricia Lamb suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

193. As a result of the above-described actions of

Defendants, Patricia Lamb suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT LVIII
Desi Lamb, by and through her
parent and next friend, Ronald Lamb

194. That the Plaintiff, Desi Lamb, by and through her parent

and next friend, Ronald Lamb, adopts and reiterates each and every

allegation stated above as if set out fully in this paragraph and

incorporate them by reference.

195. As a result of the above-described actions of

Defendants, Desi Lamb, by and through her parent and next friend,

Ronald Lamb suffered personal injuries and resulting damages in an

amount exceeding the minimum jurisdictional amount of this court.

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 COUNT LIX
Aiden Lamb, by and through his
parent and next friend, Ronald Lamb

196. That the Plaintiff, Aiden Lamb, by and through his parent

and next friend, Ronald Lamb, adopts and reiterates each and every

allegation stated above as if set out fully in this paragraph and

incorporate them by reference.

197. As a result of the above-described actions of

Defendants, Aiden Lamb, by and through his parent and next friend,

Ronald Lamb suffered personal injuries and resulting damages in an

amount exceeding the minimum jurisdictional amount of this court.

COUNT LX
Tina Maples

198. That the Plaintiff, Tina Maples, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

199. As a result of the above-described actions of

Defendants, Tina Maples suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

COUNT LXI
David McFadden

200. That the Plaintiff, David McFadden, adopts and

reiterates each and every allegation stated above as if set out

fully in this paragraph and incorporate them by reference.

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 201. As a result of the above-described actions of

Defendants, David McFadden suffered personal injuries and

resulting damages in an amount exceeding the minimum

jurisdictional amount of this court.

202. As a result of the above-described actions of

Defendants, David McFadden suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT LXII
Alyssa McGuffey

203. That the Plaintiff, Alyssa McGuffey, adopts and

reiterates each and every allegation stated above as if set out

fully in this paragraph and incorporate them by reference.

204. As a result of the above-described actions of

Defendants, Alyssa McGuffey suffered personal injuries and

resulting damages in an amount exceeding the minimum

jurisdictional amount of this court.

COUNT LXIII
Benny Moore

205. That the Plaintiff, Benny Moore, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

206. As a result of the above-described actions of

Defendants, Benny Moore suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

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of this court.

COUNT LXIV
Isaac Moore

207. That the Plaintiff, Isaac Moore, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

208. As a result of the above-described actions of

Defendants, Isaac Moore suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

209. As a result of the above-described actions of

Defendants, Isaac Moore suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT LXV
James Moore

210. That the Plaintiff, James Moore, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

211. As a result of the above-described actions of

Defendants, James Moore suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

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 COUNT LXVI
Donna Mosley

212. That the Plaintiff, Donna Mosley, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

213. As a result of the above-described actions of

Defendants, Donna Mosley suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

COUNT LXVII
Stephanie Mullins

214. That the Plaintiff, Stephanie Mullins, adopts and

reiterates each and every allegation stated above as if set out

fully in this paragraph and incorporate them by reference.

215. As a result of the above-described actions of

Defendants, Stephanie Mullins suffered personal injuries and

resulting damages in an amount exceeding the minimum

jurisdictional amount of this court.

COUNT LXVIII
Virginia Patterson

216. That the Plaintiff, Virginia Patterson, adopts and

reiterates each and every allegation stated above as if set out

fully in this paragraph and incorporate them by reference.

217. As a result of the above-described actions of

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Defendants, Virginia Patterson suffered personal injuries and

resulting damages in an amount exceeding the minimum

jurisdictional amount of this court.

218. As a result of the above-described actions of

Defendants, Virginia Patterson suffered property damage in an

amount exceeding the minimum jurisdictional amount of this court.

COUNT LXIX
Stephanie Patterson

219. That the Plaintiff, Stephanie Patterson, adopts and

reiterates each and every allegation stated above as if set out

fully in this paragraph and incorporate them by reference.

220. As a result of the above-described actions of

Defendants, Stephanie Patterson suffered personal injuries and

resulting damages in an amount exceeding the minimum

jurisdictional amount of this court.

COUNT LXX
James Pluess

221. That the Plaintiff, James Pluess, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

222. As a result of the above-described actions of

Defendants, James Pluess suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

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 COUNT LXXI
Renee Pluess

223. That the Plaintiff, Renee Pluess, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

224. As a result of the above-described actions of

Defendants, Renee Pluess suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT LXXII
Scott Preston

225. That the Plaintiff, Scott Preston, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

226. As a result of the above-described actions of

Defendants, Scott Preston suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

227. As a result of the above-described actions of

Defendants, Scott Preston suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT LXXIII
Traci Preston

228. That the Plaintiff, Traci Preston, adopts and reiterates

each and every allegation stated above as if set out fully in this

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paragraph and incorporate them by reference.

229. As a result of the above-described actions of

Defendants, Traci Preston suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

230. As a result of the above-described actions of

Defendants, Traci Preston suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT LXXIV
Matthew Preston

231. That the Plaintiff, Matthew Preston, adopts and

reiterates each and every allegation stated above as if set out

fully in this paragraph and incorporate them by reference.

232. As a result of the above-described actions of

Defendants, Matthew Preston suffered personal injuries and

resulting damages in an amount exceeding the minimum

jurisdictional amount of this court.

COUNT LXXV
Virginia Ramos

233. That the Plaintiff, Virginia Ramos, adopts and

reiterates each and every allegation stated above as if set out

fully in this paragraph and incorporate them by reference.

234. As a result of the above-described actions of

Defendants, Virginia Ramos suffered personal injuries and

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resulting damages in an amount exceeding the minimum

jurisdictional amount of this court.

235. As a result of the above-described actions of

Defendants, Virginia Ramos suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT LXXVI
Tammy Ridge

236. That the Plaintiff, Tammy Ridge, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

237. As a result of the above-described actions of

Defendants, Tammy Ridge suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

238. As a result of the above-described actions of

Defendants, Tammy Ridge suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT LXXVII
Ryan Ridgway

239. That the Plaintiff, Ryan Ridgway, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

240. As a result of the above-described actions of

Defendants, Ryan Ridgway suffered personal injuries and resulting

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damages in an amount exceeding the minimum jurisdictional amount

of this court.

COUNT LXXVIII
Theresa Ridgway

241. That the Plaintiff, Theresa Ridgway, adopts and

reiterates each and every allegation stated above as if set out

fully in this paragraph and incorporate them by reference.

242. As a result of the above-described actions of

Defendants, Theresa Ridgway suffered personal injuries and

resulting damages in an amount exceeding the minimum

jurisdictional amount of this court.

243. As a result of the above-described actions of

Defendants, Theresa Ridgway suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT LXXIX
Ron's Residential Services Inc

244. That the Plaintiff, Ron's Residential Services Inc,

adopts and reiterates each and every allegation stated above as if

set out fully in this paragraph and incorporate them by reference.

245. As a result of the above-described actions of

Defendants, Ron's Residential Services Inc suffered property

damage in an amount exceeding the minimum jurisdictional amount of

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this court.

COUNT LXXX
Jaxson Samms, by and through his
parent and next friend, Tara Denham

246. That the Plaintiff, Jaxson Samms, by and through his

parent and next friend, Tara Denham, adopts and reiterates each

and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

247. As a result of the above-described actions of

Defendants, Jaxson Samms, by and through his parent and next

friend, Tara Denham suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

COUNT LXXXI
Brian Sears

248. That the Plaintiff, Brian Sears, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

249. As a result of the above-described actions of

Defendants, Brian Sears suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

COUNT LXXXII
Connie Smallwood

250. That the Plaintiff, Connie Smallwood, adopts and

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reiterates each and every allegation stated above as if set out

fully in this paragraph and incorporate them by reference.

251. As a result of the above-described actions of

Defendants, Connie Smallwood suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT LXXXIII
Estate of William Thompson, by and through
its Executrix, Connie Smallwood

252. That the Plaintiff, the Estate of William Thompson, by

and through its Executrix, Connie Smallwood, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

253. As a result of the above-described actions of

Defendants, the Estate of William Thompson, by and through its

Executrix, Connie Smallwood suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT LXXXIV
Philip Waddell, by and through his attorney-in-fact,
Shanna High

254. That the Plaintiff, Philip Waddell, by and through his

attorney in fact, Shanna High adopts and reiterates each and every

allegation stated above as if set out fully in this paragraph and

incorporate them by reference.

255. As a result of the above-mentioned actions of the

Defendants, Philip Waddell, who owns seventeen manufactured homes

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located at North Moreland Place and Spring Run Subdivision, in

Lincoln County, Kentucky, sustained property damage and a

diminution in the fair value of the real property upon which said

manufactured homes are located, in excess of the minimal

jurisdictional limits of this court.

COUNT LXXXV
Brayden West, by and through his
parent and next friend, Tammy Ridge

256. That the Plaintiff, Brayden West, by and through his

parent and next friend, Tammy Ridge, adopts and reiterates each

and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

257. As a result of the above-described actions of

Defendants, Brayden West, by and through his parent and next

friend, Tammy Ridge suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

COUNT LXXXVI
David West

258. That the Plaintiff, David West, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

259. As a result of the above-described actions of

Defendants, David West suffered personal injuries and resulting

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damages in an amount exceeding the minimum jurisdictional amount

of this court.

260. As a result of the above-described actions of

Defendants, David West suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT LXXXVII
Austin Williams

261. That the Plaintiff, Austin Williams, adopts and

reiterates each and every allegation stated above as if set out

fully in this paragraph and incorporate them by reference.

262. As a result of the above-described actions of

Defendants, Austin Williams suffered personal injuries and

resulting damages in an amount exceeding the minimum

jurisdictional amount of this court.

COUNT LXXXVIII
James Evan Williams, by and through his
parent and next friend, Christina Barber

263. That the Plaintiff, James Evan Williams, by and through

his parent and next friend, Christina Barber, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

264. As a result of the above-described actions of

Defendants, James Evan Williams, by and through his parent and

next friend, Christina Barber suffered personal injuries and

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resulting damages in an amount exceeding the minimum

jurisdictional amount of this court.

COUNT LXXXIX
Sheila Williams

265. That the Plaintiff, Sheila Williams, adopts and

reiterates each and every allegation stated above as if set out

fully in this paragraph and incorporate them by reference.

266. As a result of the above-described actions of

Defendants, Sheila Williams suffered personal injuries and

resulting damages in an amount exceeding the minimum

jurisdictional amount of this court.

267. As a result of the above-described actions of

Defendants, Sheila Williams suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT XC
Shawn Williams

268. That the Plaintiff, Shawn Williams, adopts and

reiterates each and every allegation stated above as if set out

fully in this paragraph and incorporate them by reference.

269. As a result of the above-described actions of

Defendants, Shawn Williams suffered personal injuries and

resulting damages in an amount exceeding the minimum

jurisdictional amount of this court.

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 COUNT XCI
Obie Wilson

270. That the Plaintiff, Obie Wilson, adopts and reiterates

each and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

271. As a result of the above-described actions of

Defendants, Obie Wilson suffered personal injuries and resulting

damages in an amount exceeding the minimum jurisdictional amount

of this court.

272. As a result of the above-described actions of

Defendants, Obie Wilson suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court.

COUNT XCII
Estate of Delmar Wilson,
By and through its executrix, Angie Wilson

273. That the Plaintiff, the Estate of Delmar Wilson, by and

through its executrix, Angie Wilson, adopts and reiterates each

and every allegation stated above as if set out fully in this

paragraph and incorporate them by reference.

274. As a result of the above-described actions of

Defendants, the Estate of Delmar Wilson, by and through its

executrix, Angie Wilson, suffered property damage in an amount

exceeding the minimum jurisdictional amount of this court

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 COUNT XCIII
Chris Worthington

275.That the Plaintiff, Chris Worthington, adopts and

reiterates each and every allegation stated above as if set out

fully in this paragraph and incorporate them by reference.

276.As a result of the above-described actions of Defendants,

Chris Worthington suffered personal injuries and resulting damages

in an amount exceeding the minimum jurisdictional amount of this

court.

COUNT XCIV
Zachery Worthington, by and through his
parent and next friend, Chris Worthington

277.That the Plaintiff, Zachery Worthington, by and through

his parent and next friend, Chris Worthington, adopts and

reiterates each and every allegation stated above as if set out

fully in this paragraph and incorporate them by reference.

278.As a result of the above-described actions of Defendants,

Zachery Worthington, by and through his parent and next friend,

Chris Worthington suffered personal injuries and resulting damages

in an amount exceeding the minimum jurisdictional amount of this

court.

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 COUNT XCIIV
Jeremy Yates, by and through his
parent and next friend, Rebecca Montgomery

279. That the Plaintiff, Jeremy Yates, by and through his

parent and next friend, Rebecca Montgomery, adopts and

reiterates each and every allegation stated above as if

set out fully in this paragraph and incorporate them by

reference.

280. As a result of the above-described actions of Defendants,

Jeremy Yates, by and through his parent and next friend,

Rebecca Montgomery suffered personal injuries and

resulting damages in an amount exceeding the minimum

jurisdictional amount of this court.

WHEREFORE, the Plaintiffs demand judgment against the

Defendants, jointly and severally, as follows, to-wit:

1. For compensatory damages for each Plaintiff in an amount

in excess of minimal jurisdictional limits of this court to

adequately and properly compensate each Plaintiff for their

respective medical expenses and future medical expenses; for their

respective physical pain and mental and emotional suffering; for

their respective future physical pain and mental and emotional

suffering; for their respective lost earnings and for the

impairment of their respective power and ability to earn money in

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the future; for their respective loss of enjoyment of life; and

for any and all other damages to which each may be properly

entitled pursuant to the laws of this Commonwealth;

2. For compensatory damages for those Plaintiffs who have

suffered property damage and/or the diminution in the value of

their property in an amount in excess of the minimal jurisdictional

limits of this court;

3. For exemplary damages in an amount in excess of the minimal

jurisdictional limits of this court due to the Defendants’ gross

negligence, wanton, willful and/or reckless conduct;

4. For judgment interest in any amount found to be due and

owing to each respective Plaintiff herein;

5. For trial by jury;

6. For the Plaintiffs’ costs incurred herein and expended,

including a reasonable fee for their attorneys; and

7. For any and all other relief to which each Plaintiff may

appear properly entitled.

CERTIFICATION

This is to certify that pursuant to KRS 411.188(2), the

undersigned attorneys have notified by certified mail this the

30th day of July 2020, and all of those parties believed to

possibly hold subrogation rights to any award received by the

Plaintiffs as a result of this action and that the failure to

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assert subrogation rights by intervention, pursuant to Kentucky

Civil Rule 24 or otherwise, will result in a loss of those rights

with respect to any final award received by the Plaintiffs as a

result of this action.

Respectfully submitted,

/s/ Ephraim W. Helton

HON. EPHRAIM W. HELTON
HON. STACY E. COONTZ
HON. BRENDAN J. SHEVLIN
HON. RAMONA LITTLE
432 West Main Street
P. O. Box 137
Danville, KY 40423-0137
(859) 236-4520

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