Free Memorandum in Opposition - District Court of Delaware - Delaware

Case 1:05-cv-00022-MPT Document 63-3 Filed 10/06/2005 Page 1 0f3 __
EXHIBIT "B"

_ Case 1 :05—cv—00022-I\/| PT Document 63-3 Filed 10/06/2005 Page 2 of 3
9 dispute; U I 1 ` T ii 3 i ~ _ ,
e 1
g Q p g res; oquttiuagnijuygeetétien over géueuspttlsqaegqit-megyeveteugasm ,_ r
L § 1332, lay virtue the d.iversity‘ofeitize¤sliip ofthe patties, ami oecause the amouot · l l _ _
‘ cox1t1·0versy,iewcolusive of interest end posts, is alleged to bein exoess @$75,000.00. t · l ` _
. 1 A , 23. Venue ie proper in tbjsidisttict puwuaut to 28 U.S.gC. Ԥ139I (a)(2}, as 2. L .
petit er the evet1t.=;.or emiesieesgivtug rise to the claim ocvvwd i eiaiutittsmitze em reeeive ueeeneereévhtiadénphie t·e¤¤syiveiea.» I 1 ( i 9
. _ 0PEB,&lfVE QACTS _
n ‘ 29 Ou or about Jurne l8, 200t, Defendant Charles Reiptle, Sr., while acting witiiin tlae
‘ course and scope of his employment with Motive, wes operating at tractcmtraiier owned by- 1
Motive with a vehicle identification nomber of IXPGD09X$}€lD50416l ["trttctor-trai1e:"] in a
. rnozthbouud direction on I-495 near Wilmington, Delaware, and toward Philadelphia,
Pennsylvania. _ 1 = i
B . 30. Ou or about June 18, 2001, You Thotl. and I’la:intift’s deoedents, Oetzrn
Mem, and Navy Yan, along with plaintiB`s Chen Yen, Thuhe Son, and ChieuTl1i Hoyuh were
U returning froth work et Pack and Process and were passengers in at 1992 Dodge R.a¤tVa11,
» boarintg Pennsylvania license plate No. DZK8292, traveling noxthbouttd o11I·495 toward `
Philadelphia, _ . - . _
-- 3l. At all times relevant hereto, the 1992 Dodge Rem van was owned aud operated by

l Case 1 :05—cv—00022-I\/| PT Doclu ment 63-3 Filed 10/06/2005 Page 3 Of 3
. Mnyirap., who acted as the agent oi` defendant Peek aiidlkocess transporting
l __ riasserigers in the yan beck and forth to the Pack Process factory in New Castle? Delaware. _
; of the passengers, including Plainli& Thorn, Chan Yan, Tlzuha Sou; 'Chieu Thi
i _. and Oeum Maru, orere contract workers e¢ii¤ri1ied Lern to worker-Peek and Process, .
and vrere transported lzy Mely;Ya1i:, acting as anerit of`}?aok and i’roeess, 5*om their an
. " neigliborhood in Philadelphia to work at the Peek and liroeess facility icu New Cast1e, Delnwsre,
and `lvack again to Philadelphia at tiie end-of iyork . _
-32. At around 4:50 p.1;u.·on June 18, Yan etternpted to drive the 1992
Bodge past the Motive t1·aotor—trai{é1‘ llizistle on xidrthlioiznd I··it9S_ At it
this time, the van was cauying nineteen passengers. - · . M A
I 33. At about 3.4 miles nortli ofWiln1it1gton, Defendant Relstle steered the tractor»
l trailer close to the var; so as to make it unsafe for Maly Yan to operate the ven nearby, and
thereby created a dangerous- roadway condition. ii " i
34. Maly Yan continued to `operete ber rehicle near the treo‘tor~trai.ler, and attempted
· to pass the traetomcraiier, and steered to her left. The van careened offof the leit edge ofthe road .
end over li median strip and rolled over several times, oausing seuere injuries to all ofthe n in
oeeuparmi ofthe van, and killing Navy Yau and Oeum Mum, Leng Kliem and Lam Khem.
_ 35. Plaintiffs, Yau Thou, Chao Yanffhuha Son, Chieu Thi Huyuh and Oeum It/Lum,
_ filed a lawsrfet for damages for personal injuries against Mely Yau in the Court of Common Pleas
i B ofldniledelphia County on June 1 l, 2003 captioned {Lou Q al. Docket No. 030601508.
6 0 . c