Magoffin Lawsuit 2

COMMONWEALTH OF KENTUCKY
MAGOFFIN CIRCUIT COURT

DIVISION ______
CIVIL ACTION NO. 22-CI- ________
FILED ELECTRONICALLY
SAMANTHA PERKINS, as Next Friend of Dakota

Perkins and Alexia Perkins; KELLY ADAMS PLAINTIFFS
VS. COMPLAINT
WANDA BAILEY, in her individual and official capacity

as an employee of the Magoffin County Schools and/or
Magoffin County Board of Education DEFENDANT
SERVE: Via Certified Mail
Restricted Delivery
130 Jellico Road
Salyersville, KY 41465
Presiding Judge: HON. KIMBERLY CHILDERS (636228)

AND
SCOTT HELTON, in his individual and official capacity

as former Superintendent of Magoffin County Schools
and/or Magoffin County Board of Education DEFENDANT
Magoffin Board of Education
P. O. Box 109
AND
JEFF CARPENTER, in his individual and official capacity

as Transportation Director of Magoffin County Schools
P. O. Box 109
COM : 000001 of 000016
AND
1
CHRIS MEADOWS, in his individual and official
capacity as Superintendent of Magoffin County Schools
P. O. Box 109
AND
RODNEY WARD, in his individual and official capacity

As Chairman of the Magoffin County Board of
Education DEFENDANT
P. O. Box 109
AND
JESSE RUDD II, in his individual and official capacity

as Vice Chairman of the Magoffin County Board of
Education DEFENDANT
P. O. Box 109
AND
DOUG COLLINSWORTH, in his individual capacity

and as a Member of the Magoffin County Board
of Education DEFENDANT
P. O. Box 109
AND
JIMMY GULLETT, in his individual capacity and

as a Member of the Magoffin County Board of
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Education DEFENDANT
P. O. Box 109
2
AND
DOUG WIREMAN, in his individual capacity and as

a Member of the Magoffin County Board of Education DEFENDANT
P. O. Box 109
AND
FYDAH FOODS, LLC

E-Business Accounting, Inc.
4390 Clearwater Way, #2402
Lexington, KY 40515
**** **** **** ****
Come the Plaintiffs, Samantha Perkins as Next Friend of Dakota Perkins and

Alexia Perkins, and Kelly Adams, by and through counsel, and for their claims and causes
of action against Defendants herein, state as follows:
JURISDICTION AND VENUE
1. All of the allegations contained within the Plaintiffs' Complaint derive from
the acts and/or omissions of each of the Defendants acting individually and in concert, in
Magoffin County, Kentucky, and the Plaintiffs are seeking damages in excess of $75,000
and, therefore, have established jurisdiction of the Magoffin Circuit Court.
PARTIES
2. Plaintiff, Samantha Perkins, as Next Friend of Dakota Perkins and Alexia
Perkins, is and was at all times pertinent to this Complaint a resident of Salyersville,
COM : 000003 of 000016
Magoffin County, Kentucky, residing at 4163 Old Lick Creek Road, Salyersville, KY 41465.
Samantha Perkins is the natural mother of her unmarried, minor children, Dakota
3
Perkins and Alexia Perkins, and, therefore, prosecutes this action on their behalf in
accordance with Civil Rule 17.03(1).
3. Plaintiff, Kelly Adams, is and was at all times pertinent to this Complaint
over 18 years of age and a resident of Salyersville, Magoffin County, Kentucky, residing at
4117 Old Lick Creek Road, Salyersville, KY 41465.
4. Defendant, Wanda Bailey, is and was at all times pertinent to this
Complaint, a resident of Salyersville, Magoffin County, Kentucky, and an Employee of the
Magoffin County Schools and/or Magoffin County Board of Education, and was acting in
her individual and official capacities as an employee for the Magoffin County Schools
and/or Magoffin County Board of Education. Her mailing address for service is 130 Jellico
Road, Salyersville, KY 41465.

5. Defendant, Scott Helton, is and was at all times pertinent to this Complaint,
a resident of Salyersville, Magoffin County, Kentucky, and the Superintendent of the
Magoffin County Schools and/or Magoffin County Board of Education, and was acting in
his individual capacity as the Superintendent for the Magoffin County Schools and/or
Magoffin County Board of Education. His mailing address for service is P. O. Box 109,
Salyersville, KY 41465.
6. Defendant, Jeff Carpenter, is and was at all times pertinent to this
Complaint, a resident of Salyersville, Magoffin County, Kentucky, and the Transportation
Director of the Magoffin County Schools and/or Magoffin County Board of Education,
and was acting in his individual capacity as the Transportation Director for the Magoffin
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County Schools and/or Magoffin County Board of Education. His mailing address for
service is P. O. Box 109, Salyersville, KY 41465.
4
7. Defendant, Chris Meadows, is and was at all times pertinent to this
Complaint, a resident of Salyersville, Magoffin County, Kentucky, and the Superintendent
of the Magoffin County Schools and/or Magoffin County Board of Education, and was
acting in his individual capacity as the Superintendent for the Magoffin County Schools
and/or Magoffin County Board of Education. His mailing address for service is P. O. Box
109, Salyersville, KY 41465.
8. Defendant, Rodney Ward, is and was at all times pertinent to this
Complaint, a resident of Salyersville, Magoffin County, Kentucky, and the Chairman of
the Magoffin County Board of Education, and was acting in his individual capacity as the
Chairman for the Magoffin County Board of Education. His mailing address for service is
P. O. Box 109, Salyersville, KY 41465.

9. Defendant, Jesse Rudd II, is and was at all times pertinent to this
Complaint, a resident of Salyersville, Magoffin County, Kentucky, and the Vice Chairman
of the Magoffin County Board of Education, and was acting in his individual capacity as
the Vice Chairman for the Magoffin County Board of Education. His mailing address for
10. Defendant, Doug Collinsworth, is and was at all times pertinent to this
Complaint, a resident of Salyersville, Magoffin County, Kentucky, and a Board Member
of the Magoffin County Board of Education, and was acting in his individual capacity as a
Board Member for the Magoffin County Board of Education. His mailing address for

COM : 000005 of 000016
11. Defendant, Jimmy Gullett, is and was at all times pertinent to this
of the Magoffin County Board of Education, and was acting in his individual capacity as a
5
Board Member for the Magoffin County Board of Education. His mailing address for
12. Defendant, Doug Wireman is and was at all times pertinent to this
of the Magoffin County Schools and/or Magoffin County Board of Education, and was
acting in his individual capacity as a Board Member for the Magoffin County Schools
and/or Magoffin County Board of Education. His mailing address for service is P. O. Box
109, Salyersville, KY 41465.
13. Defendant, Fydah Foods, LLC, is a Kentucky limited liability company
which operates the Speedy’z located at 300 Mountain Parkway in Salyersville, KY 41465.
Its principal office is located at 4390 Clearwater Way, #2402, Lexington, KY 40515, and

its registered agent for service of process is E. Business Accounting, Inc., 4390 Clearwater
Way, #2402, Lexington, KY 40515.
FACTS
14. On or about the morning of November 14, 2022, Dakota Perkins, Alexia
Perkins and Kelly Adams were students enrolled in Magoffin County Schools using the
transportation services of the Magoffin County Schools and/or Magoffin County Board of
Education (hereinafter “Magoffin County Schools”) to travel to their respective schools.
15. On or about the morning of November 14, 2022, Dakota Perkins, Alexia
Perkins and Kelly Adams were passengers on a Magoffin County Schools owned 2020
Thomas Built school bus being operated with permission by Wanda Bailey, an employee
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of the Magoffin County Schools.
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16. Upon information and believe, prior to beginning her bus route at
approximately 6:15 a.m. on November 14, 2022, Defendant Bailey finished a shift at
Speedy’z, owned and operated by Fydah Foods, LLC, in Salyersville, KY.
17. Upon information and belief, Defendant Bailey’s shift at the Speedy’z did
not end until midnight or after and Defendant Fydah Foods knew or should have known
that Defendant Bailey would be driving students soon after her shift ended.
18. As Dakota Perkins, Alexia Perkins and Kelly Adams were riding with due
care on the Magoffin County school bus on KY HWY 40 in Salyersville, Magoffin County,
Kentucky, the school bus being operated by Wanda Bailey left the roadway and
overturned.
19. As a result of the school bus leaving the roadway, overturning and traveling

off the roadway, Plaintiffs suffered numerous permanent physical and emotional injuries
and associated damages.
COUNT I
NEGLIGENCE
(Wanda Bailey)
20. Plaintiffs repeat, re-allege and reassert each and every allegation contained
within the preceding paragraphs as though set forth fully herein.
21. On or about the morning of November 14, 2022, Wanda Bailey, acting as an
employee of Magoffin County Schools, was negligent in her operation of the 2020 Thomas
Built school bus causing the bus to leave the roadway, overturn and end up on a
cliffside/embankment.
COM : 000007 of 000016
22. Defendant Bailey was negligent in the operation of the school bus at issue
in the following ways:
a. Failing to maintain lane;
7
b. Improper maneuver on roadway;
c. Failing to maintain a diligent and proper lookout;
d. Failing to keep the bus under control;
e. Driving in a reckless manner;
f. Violating Commonwealth of Kentucky Safety Regulations and
Statutes, Federal Motor Carrier Safety Regulations; and
g. Otherwise failing to operate the school bus in a safe and prudent
manner in view of the roadway and its conditions that existed at the time of the incident.
23. Defendant Wanda Bailey’s operation of the Magoffin County School bus at
the time was so careless that it was grossly negligent and exhibited a reckless disregard
for the safety and well-being of the students in her care.

24. As a direct and proximate result of Defendant Wanda Bailey’s negligent,
grossly negligent and reckless disregard in her operation of the Magoffin County School
Bus, Plaintiffs were caused severe and permanent physical and emotional injuries, more
fully outlined in the prayer for relief.
COUNT II
NEGLIGENCE PER SE
(Wanda Bailey)
26. Defendant Bailey knew or should have known that she was in violation of
Commonwealth of Kentucky administrative safety regulations, statutes and the Federal

COM : 000008 of 000016
Motor Carrier Safety Regulations regarding driver safety to prevent her from legally and
safely operating the 2020 Thomas Built school bus on the public roadways in question.
8
27. Defendant Bailey knew or should have known that her operation of the
2020 Thomas Built school bus was in violation of State statutes, administrative safety
regulations, and the Federal Motor Carrier Safety Regulations and that the 2020 Thomas
Built school bus was traveling in an unsafe manner.
28. Immediately prior to the collision referenced herein, Defendant Bailey knew
or should have known that she could not safely operate the 2020 Thomas Built school bus
on the roadways in question and that she was a danger to the students in her care and the
general public.
29. Defendant Bailey had a duty to comply with the Federal Motor Carrier
Safety Act, 49 CFR 382, et. Seq., and 49 CFR 391, et. Seq., 702, KAR 5:08 and any and all
other relevant statutes and/or regulations. However, Defendant Bailey breached each of

the aforementioned statutes and administrative regulations and Plaintiffs are entitled,
pursuant to KRS 446.070, to pursue a civil action for damages due to Defendant Bailey’s
statutory and administrative regulation violations.
30. Defendant Bailey was operating the 2020 Thomas Built school bus in such
a negligent manner, grossly negligent manner and in reckless disregard for the lives and
safety of others, causing severe injuries to Plaintiffs.
31. Thus, the acts and omissions of Defendant Bailey constitute negligence per
se.
COUNT III
JOINT AND SEVERAL LIABILITY
(Wanda Bailey and Magoffin County Schools Individuals)
COM : 000009 of 000016
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33. At all times pertinent to this action, Defendant Bailey was acting within the
course and scope of her employment with Magoffin County Schools and, therefore,
Magoffin County Schools’ Chairman, Members, Transportation Director and
Superintendent of Schools in their individual and official capacities are vicariously liable
for the negligence of Defendant Bailey.
34. Upon information and belief, Defendant Bailey at the time of the accident
complained of herein was an employee, agent, servant and/or representative of Magoffin
County Schools, and, therefore, Magoffin County Schools’ Chairman, Members,
Transportation Director and Superintendent of Schools, and on the date and at the time
of the accident complained of herein, Defendant Bailey was acting within the scope and
course of her employment, agency and/or as a representative of Magoffin County Schools,

and, therefore, Magoffin County Schools’ Chairman, Members, Transportation Director
and Superintendent of Schools in their individual and official capacities are vicariously
liable for the negligence of Defendant Bailey.
35. Based upon the employee-employer, master-servant agency and/or
representative relationship which existed between Defendant Bailey and Magoffin County
Schools, and, therefore, Magoffin County Schools’ Chairman, Members, Transportation
Director and Superintendent of Schools, at the time of the incident complained of herein,
these Defendants are jointly and severally liable for the negligence of Wanda Bailey,
notwithstanding their own independent acts of negligence alleged herein.
COUNT IV
NEGLIGENCE AND NEGLIGENCE PER SE
COM : 000010 of 000016
(Magoffin County Schools Individuals)
10
37. Defendant Bailey was engaged in a joint venture with Magoffin County
Schools’ members, chair people, Superintendents and Supervisor of Transportation in
both their individual and official capacities to operate commercial vehicles on the
roadway in the transportation of students in Magoffin County, Kentucky, and are,
therefore, liable for damages caused in this case.
38. Defendants Magoffin County Schools’ members, chair people,
Superintendents, and Supervisor of Transportation were each negligent in the following
ways:
(a) Negligently hiring and training Defendant Bailey to drive the school
bus at issue;
(b) Negligently entrusting Defendant Bailey to drive the school bus at

issue;
(c) Negligently retaining Defendant Bailey to drive the school bus at
issue;
(d) Failing to conduct proper and required checks on the background of
its employee and/or agent, Defendant Bailey;
(e) Filing to supervise its employee and/or agent, Defendant Bailey;
(f) Failing to exercise ordinary care to determine its employees’ and/or
agents’ fitness for the task of driving a school bus;
(g) Failing to have or enforce an appropriate policy on properly and
safely operating a school bus;

COM : 000011 of 000016
(h) Otherwise failing to act as a reasonably prudent board of education,
its members, chair people, superintendents and Supervisor of Transportation under the
circumstances.
11
39. Defendants, Magoffin County Schools’ members, chair people,
Superintendents, and Supervisor of Transportation, had a duty to promulgate and enforce
rules and regulations to ensure their drivers and school buses were reasonably safe and
negligently failed to do so.
Superintendents, and Supervisor of Transportation, had a duty to comply with the
Federal Motor Carrier Safety Act, 49 CFR 382, et. Seq., and 49 CFR 391, et. Seq., 702 KAR
5:08 and any and all other relevant statutes and/or regulations. However, Defendants
breached each of the aforementioned statutes and administrative regulations, and the
Plaintiffs are entitled, pursuant to KRS 446.070 to pursue a civil action for damages due
to the Defendants’ statutory and administrative regulation violations.

41. The acts and omissions of the Defendants acting individually and in concert
as set forth herein constitute negligence per se.
42. The acts and omissions of Defendants acting individually and in concert as
set forth herein constitute negligence, gross negligence and a reckless disregard of the
lives and safety of others.
43. The negligence, gross negligence and reckless disregard of the Defendants
acting individually and in concert as set forth herein are the direct and proximate cause
of the injuries suffered by Plaintiffs.
COUNT V
NEGLIGENT HIRING, TRAINING, SUPERVISION, AND RETENTION
(Magoffin County Schools Individuals)
COM : 000012 of 000016
12
Superintendents, and Supervisor of Transportation had a duty to exercise ordinary care
and to comply with all relevant statutes and administrative regulations regarding the
hiring, training, supervision, and retention of Defendant Bailey. However, they breached
all of these duties, thereby causing the motor vehicle collision that is the subject of this
action.
46. As a direct and proximate result of the negligent hiring, training,
supervision and retention of Defendant Bailey and her employers, Plaintiffs have been
caused to suffer severe and permanent injuries and damages.
COUNT VI
NEGLIGENCE
(Fydah Foods, LLC)

48. Defendant Fydah Foods employed Defendant Wanda Bailey at Speedy’z, a
convenience store/gas station in Salyersville, KY, while she was also employed by
Magoffin County Schools as a bus driver.
49. Upon information and belief, Defendant Fydah Foods compelled Defendant
Bailey to work late evening - overnight shifts at Speedy’z, knowing she would have to
subsequently drive her morning bus route.
50. Defendant Fydah Foods was negligent by having Defendant Bailey work
until midnight or later on the night of November 13, 2022 / early morning of November
COM : 000013 of 000016
14, 2022, knowing she had a morning bus route on November 14, 2022, beginning on or
before 6:15 a.m.
13
51. As a direct and proximate result of the actions and inactions of Defendant
Fydah Foods, Plaintiffs suffered physical and emotional injury.
COUNT VII
PUNITIVE DAMAGES
53. The conduct of Defendants, individually and/or acting in concert, was so
malicious, willful, wanton, reckless, and grossly negligent that the Plaintiffs are entitled
to an award of punitive damages.
COUNT VIII
CAUSATION AND DAMAGES

55. As a direct and proximate cause of the conduct of the Defendants herein as
set forth above, Plaintiffs have been caused to suffer and will suffer in the future and
request the following damages.
(a) Past, present and future physical pain and suffering;
(b) Past, present and future medical expenses;
(c) Past, present and future mental anguish;
(d) Loss of earning capacity;
(e) Actual, consequential, incident and foreseeable damages;
(f) Punitive damages; and

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(g) Attorneys’ fees, costs and expenses.
WHEREFORE, Plaintiffs pray the Court as follows:
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1. For judgment against Defendants, jointly and severally, with the Plaintiffs
reserving the right to advise the trier of fact as to what amounts are fair and
reasonable as shown by the evidence;
2. For a trial of this cause by jury;
3. That they be awarded all of the damages enumerated above, including
actual, compensatory, punitive, foreseeable and incidental damages,
prejudgment and post-judgment interest, reasonable attorneys’ fees, their
costs herein expended and any and all equitable relief that may be
appropriate; and
4. For any and all other just, proper and equitable relief to which this Court
may deem them entitled.

Respectfully submitted,
PETERSON LAW OFFICE PLLC
/s/ Justin S. Peterson
Justin S. Peterson
881 Corporate Drive
Lexington, Kentucky 40503
Telephone: 859-469-6390
Facsimile: 859-469-6391
Email: [email protected]
COUNSEL FOR PLAINTIFF
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LAW OFFICE OF JOHN C. COLLINS
/s/ Kellie M. Collins
John C. Collins
Kellie M. Collins
P. O. Box 475
Phone: 606-349-1382
CO-COUNSEL FOR PLAINTIFF

COM : 000016 of 000016
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COMMONWEALTH OF KENTUCKY

MAGOFFIN CIRCUIT COURT

SAMANTHA PERKINS, as Next Friend of Dakota

WANDA BAILEY, in her individual and official capacity

Presiding Judge: HON. KIMBERLY CHILDERS (636228)

SCOTT HELTON, in his individual and official capacity

JEFF CARPENTER, in his individual and official capacity

RODNEY WARD, in his individual and official capacity

JESSE RUDD II, in his individual and official capacity

Presiding Judge: HON. KIMBERLY CHILDERS (636228)

DOUG COLLINSWORTH, in his individual capacity

JIMMY GULLETT, in his individual capacity and

DOUG WIREMAN, in his individual capacity and as

FYDAH FOODS, LLC

**** **** **** ****

Presiding Judge: HON. KIMBERLY CHILDERS (636228)

of action against Defendants herein, state as follows:

JURISDICTION AND VENUE

and, therefore, have established jurisdiction of the Magoffin Circuit Court.

2. Plaintiff, Samantha Perkins, as Next Friend of Dakota Perkins and Alexia

accordance with Civil Rule 17.03(1).

4117 Old Lick Creek Road, Salyersville, KY 41465.

4. Defendant, Wanda Bailey, is and was at all times pertinent to this

Complaint, a resident of Salyersville, Magoffin County, Kentucky, and an Employee of the

Road, Salyersville, KY 41465.

Presiding Judge: HON. KIMBERLY CHILDERS (636228)

a resident of Salyersville, Magoffin County, Kentucky, and the Superintendent of the

6. Defendant, Jeff Carpenter, is and was at all times pertinent to this

Complaint, a resident of Salyersville, Magoffin County, Kentucky, and the Transportation

service is P. O. Box 109, Salyersville, KY 41465.

Complaint, a resident of Salyersville, Magoffin County, Kentucky, and the Superintendent

109, Salyersville, KY 41465.

8. Defendant, Rodney Ward, is and was at all times pertinent to this

Complaint, a resident of Salyersville, Magoffin County, Kentucky, and the Chairman of

P. O. Box 109, Salyersville, KY 41465.

Presiding Judge: HON. KIMBERLY CHILDERS (636228)

service is P. O. Box 109, Salyersville, KY 41465.

Complaint, a resident of Salyersville, Magoffin County, Kentucky, and a Board Member

service is P. O. Box 109, Salyersville, KY 41465.

Complaint, a resident of Salyersville, Magoffin County, Kentucky, and a Board Member

service is P. O. Box 109, Salyersville, KY 41465.

Complaint, a resident of Salyersville, Magoffin County, Kentucky, and a Board Member

109, Salyersville, KY 41465.

13. Defendant, Fydah Foods, LLC, is a Kentucky limited liability company

Presiding Judge: HON. KIMBERLY CHILDERS (636228)

Way, #2402, Lexington, KY 40515.

Education (hereinafter “Magoffin County Schools”) to travel to their respective schools.

of the Magoffin County Schools.

Speedy’z, owned and operated by Fydah Foods, LLC, in Salyersville, KY.

Presiding Judge: HON. KIMBERLY CHILDERS (636228)

and associated damages.

within the preceding paragraphs as though set forth fully herein.

in the following ways:

a. Failing to maintain lane;

c. Failing to maintain a diligent and proper lookout;

d. Failing to keep the bus under control;

e. Driving in a reckless manner;

f. Violating Commonwealth of Kentucky Safety Regulations and

Statutes, Federal Motor Carrier Safety Regulations; and