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
SERVE: Via Certified Mail
Magoffin Board of Education
P. O. Box 109
Salyersville, KY 41465

AND

JEFF CARPENTER, in his individual and official capacity

as Transportation Director of Magoffin County Schools
and/or Magoffin County Board of Education DEFENDANT
SERVE: Via Certified Mail
Magoffin Board of Education
P. O. Box 109
Salyersville, KY 41465
COM : 000001 of 000016

AND

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CHRIS MEADOWS, in his individual and official
capacity as Superintendent of Magoffin County Schools
and/or Magoffin County Board of Education DEFENDANT
SERVE: Via Certified Mail
Magoffin Board of Education
P. O. Box 109
Salyersville, KY 41465

AND

RODNEY WARD, in his individual and official capacity

As Chairman of the Magoffin County Board of
Education DEFENDANT
SERVE: Via Certified Mail
Magoffin Board of Education
P. O. Box 109
Salyersville, KY 41465

AND

JESSE RUDD II, in his individual and official capacity

Presiding Judge: HON. KIMBERLY CHILDERS (636228)

as Vice Chairman of the Magoffin County Board of
Education DEFENDANT
SERVE: Via Certified Mail
Magoffin Board of Education
P. O. Box 109
Salyersville, KY 41465

AND

DOUG COLLINSWORTH, in his individual capacity

and as a Member of the Magoffin County Board
of Education DEFENDANT
SERVE: Via Certified Mail
Magoffin Board of Education
P. O. Box 109
Salyersville, KY 41465

AND

JIMMY GULLETT, in his individual capacity and

as a Member of the Magoffin County Board of
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Education DEFENDANT
SERVE: Via Certified Mail
Magoffin Board of Education
P. O. Box 109
Salyersville, KY 41465

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AND

DOUG WIREMAN, in his individual capacity and as

a Member of the Magoffin County Board of Education DEFENDANT
SERVE: Via Certified Mail
Magoffin Board of Education
P. O. Box 109
Salyersville, KY 41465

AND

FYDAH FOODS, LLC

SERVE: Via Certified Mail
E-Business Accounting, Inc.
4390 Clearwater Way, #2402
Lexington, KY 40515

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

Come the Plaintiffs, Samantha Perkins as Next Friend of Dakota Perkins and

Presiding Judge: HON. KIMBERLY CHILDERS (636228)

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,
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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

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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.

Presiding Judge: HON. KIMBERLY CHILDERS (636228)

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.

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 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.

Presiding Judge: HON. KIMBERLY CHILDERS (636228)

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

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

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

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

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11. Defendant, Jimmy Gullett, 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

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Board Member for the Magoffin County Board of Education. His mailing address for

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

12. Defendant, Doug Wireman 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 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

Presiding Judge: HON. KIMBERLY CHILDERS (636228)

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

Presiding Judge: HON. KIMBERLY CHILDERS (636228)

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;

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 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.

Presiding Judge: HON. KIMBERLY CHILDERS (636228)

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)

25. Plaintiffs repeat, re-allege and reassert each and every allegation contained

within the preceding paragraphs as though set forth fully herein.

26. Defendant Bailey knew or should have known that she was in violation of

Commonwealth of Kentucky administrative safety regulations, statutes and the Federal

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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.

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 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

Presiding Judge: HON. KIMBERLY CHILDERS (636228)

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)
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32. Plaintiffs repeat, re-allege and reassert each and every allegation contained

within the preceding paragraphs as though set forth fully herein.

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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,

Presiding Judge: HON. KIMBERLY CHILDERS (636228)

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)

36. Plaintiffs repeat, re-allege and reassert each and every allegation contained

within the preceding paragraphs as though set forth fully herein.

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 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

Presiding Judge: HON. KIMBERLY CHILDERS (636228)

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;

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(h) Otherwise failing to act as a reasonably prudent board of education,

its members, chair people, superintendents and Supervisor of Transportation under the

circumstances.

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 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.

40. Defendants, Magoffin County Schools’ members, chair people,

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.

Presiding Judge: HON. KIMBERLY CHILDERS (636228)

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

44. Plaintiffs repeat, re-allege and reassert each and every allegation contained

within the preceding paragraphs as though set forth fully herein.

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 45. Defendants, Magoffin County Schools’ members, chair people,

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)

Presiding Judge: HON. KIMBERLY CHILDERS (636228)

47. Plaintiffs repeat, re-allege and reassert each and every allegation contained

within the preceding paragraphs as though set forth fully herein.

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
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14, 2022, knowing she had a morning bus route on November 14, 2022, beginning on or

before 6:15 a.m.

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 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

52. Plaintiffs repeat, re-allege and reassert each and every allegation contained

within the preceding paragraphs as though set forth fully herein.

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

54. Plaintiffs repeat, re-allege and reassert each and every allegation contained

Presiding Judge: HON. KIMBERLY CHILDERS (636228)

within the preceding paragraphs as though set forth fully herein.

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.

Presiding Judge: HON. KIMBERLY CHILDERS (636228)

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: justin@justinpetersonlaw.com
Email: firm@justinpetersonlaw.com
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
Salyersville, KY 41465
Phone: 606-349-1382
Email: attys@foothills.net
Email: attorneykelliemcollins@outlook.com
CO-COUNSEL FOR PLAINTIFF

Presiding Judge: HON. KIMBERLY CHILDERS (636228)

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