Case 5:14-cv-00421-MTT Document 1 Filed 12/03/14 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF GEORGIA THERESA S. YEISLEY as the Administrator of the Estate of STEVEN MICHAEL YEISLEY, Deceased; and STEPHANIE LUCAS and CYNTHIA MARGGRAFF as the surviving children of STEVEN MICHAEL YEISLEY, Deceased Plaintiffs, vs. : : : : CIVIL ACTION NO. : 5:14-CV-421-MTT . : : HELEN FAYE GAVOE, : Defendant. COMPLAINT FOR WRONGFUL DEATH AND FOR DAMAGES COME NOW the plaintiffs and respectfully show this Court the following: 1. Theresa S. Yeisley is a resident of Houston County, Georgia, and has been appointed as the Administrator of the Estate of Steven Michael Yeisley by the Probate Court of Houston County, Georgia. 2. Stephanie Lucas and Cynthia Marggraff are the surviving children of Steven Michael Yeisley. At the time of his death, on December 15, 2012, Steven Michael Yeisley had no spouse. 3. Stephanie Lucas is a resident of the State of Florida. Case 5:14-cv-00421-MTT Document 1 Filed 12/03/14 Page 2 of 6 4. Cynthia Marggraff is a resident of Houston County, Georgia. 5. The defendant, Helen Faye Gavoe, is a resident of the State of Tennessee and resides at 1671 Fort Campbell Boulevard, Apartment F11, Clarksville, Tennessee. 6. Jurisdiction is proper in this Court pursuant to 28 USC § 1332 as there is complete diversity of citizenship between the plaintiffs and defendant and the amount in controversy is in excess of $75,000.00. 7. Venue is proper in this Court. 8. On December 15, 2012, the defendant was driving her pickup truck, a 2007 Dodge Dakota, on Watson Boulevard, near its intersection with Knodishall Drive, in Warner Robins, Houston County, Georgia. 9. At that time and place, Steven Michael Yeisley was traveling in the area as a pedestrian. 10. The defendant Helen Faye Gavoe negligently operated her pickup truck in such a manner as to strike and kill Steven Michael Yeisley with her pickup truck. 11. Steven Michael Yeisley’s death was caused by the negligence of the defendant Gavoe in that she failed to exercise due care in the operation of her vehicle when she struck and killed him. Case 5:14-cv-00421-MTT Document 1 Filed 12/03/14 Page 3 of 6 12. The defendant’s negligence in causing this collision was negligence per se, in that the defendant violated laws of the State of Georgia when she struck Steven Michael Yeisley with her pickup truck and caused his death, including her negligence in: a) failing to exercise due care to avoid striking a pedestrian, in violation of O.C.G.A. § 40-6-93; b) failing to sound her horn in violation of O.C.G.A. § 40-6-93; c) traveling too fast for conditions, in violation of O.C.G.A. § 40-6-180, and speeding in violation of O.C.G.A. § 40-6-181; d) operating her vehicle with reckless disregard for the safety of others in violation of O.C.G.A. § 40-6-390; e) operating her vehicle in a careless and negligent manner, the same being negligence per se; f) failing to stop, turn or otherwise divert her vehicle, to avoid striking and killing Steven Michael Yeisley. 13. The negligence of the defendant included her operating her vehicle in an inattentive manner which included her not keeping a proper lookout at the time she struck and killed Steven Michael Yeisley. 14. As the result of being struck by the defendant Gavoe’s pickup truck, Steven Michael Yeisley suffered multiple traumatic injuries, including the following injuries, which caused his death: Case 5:14-cv-00421-MTT Document 1 Filed 12/03/14 Page 4 of 6 a) Fractures to his neck; b) Fractures to his skull; c) Fractures to his right shoulder; d) Fractures to his right hip; e) Fractures to his left leg both above and at his left knee; f) Fractures to his ribs; g) Rupture of his liver; and h) Multiple lacerations to his head, back and body. 15. Defendant Gavoe operated her pickup truck with willful misconduct, wantonness, and that entire want of care which raises the presumption of conscious indifference to the consequences and authorizes the imposition of punitive damages against her. 16. Theresa S. Yeisley, as the administrator of the estate of Steven Michael Yeisley, claims damages for the following: a) Compensatory damages for the shock, fright and terror experienced by Steven Michael Yeisley, prior to his death resulting from this collision; b) Compensatory damages for all components of the mental and physical pain and suffering endured by Steven Michael Yeisley upon impact until the time of his death; c) Damages for his funeral and burial expenses in the amount of $2,495.00; d) Punitive damages in such an amount that the jury deems just and appropriate to penalize, punish, and deter the defendant from such actions in the future. Case 5:14-cv-00421-MTT Document 1 Filed 12/03/14 Page 5 of 6 17. Stephanie Lucas and Cynthia Marggraff, in their capacity as the surviving children of Steven Michael Yeisley, bring this action for the wrongful death of their father and claim damages representing the full value of the life of their deceased father, including economic and intangible damages. Plaintiffs seek damages in an amount to be determined by the enlightened conscience of a fair and impartial jury. 18. The damages for the loss of the life of their father includes, but is not limited to, the loss of his income in the amount of at least $16,246.80 annually, which is the amount of social security income he received annually. Steven Michael Yeisley was fifty one years of age on December 15, 2012, and had a remaining life expectancy of 25.40 years, which equates to an income loss of $412,668.72. WHEREFORE, the plaintiffs respectfully request the following relief: a) That summons issue directed to the defendant requiring her to appear as provided by law; b) A jury trial on every issue presented by this action that can be tried to a jury; c) That the plaintiffs Stephanie Lucas and Cynthia Marggraff recover damages sufficient to compensate fully, fairly and completely for the full value of the life of their father Steven Michael Yeisley for all losses and damages compensable under Georgia law; d) That the plaintiff Theresa S. Yeisley, as the Administrator of the Estate of Steven Michael Yeisley, recover damages for his shock, fright, terror, mental and physical pain and suffering, medical bills, his funeral and burial expenses, and for all losses and damages Case 5:14-cv-00421-MTT Document 1 Filed 12/03/14 Page 6 of 6 compensable under Georgia law; e) That the plaintiff Theresa S. Yeisley, as the Administrator of the Estate of Steven Michael Yeisley, have and receive judgment for punitive damages against the defendant Gavoe for a sum of money to be determined by a fair and impartial jury; f) That all costs be assessed against the defendant; g) Such other and further relief as the Court deems just and appropriate. This 3rd day of December, 2014. /s/ Walter G. Sammons, Jr. Walter G. Sammons, Jr. Attorney for Plaintiffs Ga. Bar No. 623559 127 Carl Vinson Parkway Warner Robins, Georgia 31088 478-923-0238 /s/ George L. Williams, Jr. George L. Williams, Jr. Attorney for Plaintiffs Ga. Bar No. 761800 127 Carl Vinson Parkway Warner Robins, Georgia 31088 478-923-0236