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CLERK OF SUPERIOR COURT
`MORGAN COUNTY, GEORGIA
`
`2020-SU-CA-182
`AUG 19, 2020 03:39 PM
`
`=—— EFILED IN OFFICE
`CLERK OF SUPERIOR COURT
`MORGAN COUNTY, GEORGIA
`
`AUG 19, 2020 03:39 PM
`.
`meanness:
`0,9,
`‘
`
`STATE OF GEORGIA
`
`)
`)
`)
`)
`)CIVIL ACTION NO.:
`)
`
`) )
`
`) )
`
`DIANE CARTEY
`
`Plaintiff,
`
`vs.
`
`, NUTRIEN AG SOLUTIONS and
`
`AERIAL SPECIALISTS, INC.,
`
`Defendants.
`
`)
`
`COMPLAINT FOR DAMAGES
`
`Comes now, DIANE CARTEY, Plaintiff in the above-styled action (hereinafter
`
`referred to as Plaintiff CARTEY), and files this Complaint for Damages against the
`
`Defendants, NUTRIEN AG SOLUTIONS (hereinafter referred to as Defendant
`
`NUTRIEN AG SOLUTIONS) and AERIAL SPECIALISTS, INC. (hereinafter
`
`referred to as Defendant AERIAL SPECIALISTS), and Shows this Honorable Court as
`
`follows:
`
`1.
`
`Defendant NUTRIEN AG SOLUTIONS is a Delaware Corporation authorized
`
`to do business within the State of Georgia whose registered agent for service ofprocess is
`
`CT CORPORATION SYSTEM, located at 289 S CULVER STREET,
`
`LAWRENCEVILLE, GEORGIA 30046. At all times relevant to this action, Defendant
`
`NUTRIEN AG SOLUTIONS subcontracted Defendant AERIAL SPECIALISTS to
`
`spray herbicides in Morgan County, Georgia. Defendant AERIAL SPECIALISTS is
`
`subject to the venue and jurisdiction of this Court.
`
`

`

`2.
`
`Defendant AERIAL SPECIALISTS is a South Carolina Corporation authorized
`
`to do business within the State of Georgia whose registered agent for service of process is
`
`one JANET P. RUTLAND, located at DRY CREEK CHURCH RD, RT 1 BX 14-C,
`
`WARD, SOUTH CAROLINA, 29166. At all times relevant to this action, Defendant
`
`AERIAL SPECIALISTS was actively engaged in the aerial application of herbicides in
`
`the proximity ofplaintiff’5 property in Morgan County. The acts and omissions giving
`
`rise to this cause of action occurred in Morgan County, Georgia. By virtue of the facts
`
`alleged herein, Defendant AERIAL SPECIALISTS is subject to the venue and
`
`jurisdiction of this Court.
`
`3.
`
`Venue for the matter is proper in Morgan County, Georgia.
`
`4.
`
`Defendant NUTRIEN AG SOLUTIONS is liable for the actions of Defendant
`
`AERIAL SPECIALISTS pursuant to O.C.G.A. § 51-2—5(2).
`
`5.
`
`On August 30, 2018, the Defendant AERIAL SPECIALISTS was operating a
`
`helicopter equipped with an herbicide spraying apparatus on the property adjacent to
`
`Plaintiff 3 property.
`
`6.
`
`Defendant AERIAL SPECIALISTS trespassed onto the airspace over Plaintiff‘s
`
`

`

`property while continuing to emit the relevant herbicides, destroying the organic garden
`
`on Plaintiff’s property.
`
`7.
`
`The negligent acts of Defendant AERIAL SPECIALISTS, acting by and through
`
`its agents, servants and/or employees, were the actual and proximate cause of the serious
`
`injuries to Plaintiff‘s property.
`
`8.
`
`Plaintiff shows that the damages were a direct result of and proximately caused by
`
`the acts of Defendant who was negligent in the following particulars:
`
`a)
`
`b)
`
`In trespassing over Plaintiff’s property via air (O.C.G.A. § 51-9-9);
`
`In failing to exercise control over the herbicidal compounds found in the
`
`samples collected from Plaintiffs crop immediately prior to the
`
`application.
`
`9.
`
`Plaintiff shows that the following statute was in force in the State of Georgia at
`
`the time of the complained incident:
`
`a)
`
`Employer liability for contractors in inherently dangerous activities
`
`(O.C.G.A. § 51-2-5(2));
`
`b)
`
`In trespassing over Plaintiff’s property via air (O.C.G.A. § 51—9-9).
`
`10.
`
`As a result of Defendant’s negligence, Plaintiff‘s property sustained severe
`
`injuries—both economic and otherwise—from which she did then suffer, and she shows
`
`

`

`further that she incurred expenses and damages of $74,999.99 or less.
`
`WHEREFORE, Plaintiff prays for the following:
`
`a)
`
`That summons be issued requiring the Defendant to be served as provided
`
`by law and requiring the Defendant to answer the Complaint;
`
`b)
`
`That Plaintiff obtains a judgment for damages against Defendant in a
`
`sufiicient amount to compensate Plaintiff for her property destruction,
`
`suffering and damages;
`
`c)
`
`d)
`
`That the costs of bringing this action be taxed against the Defendant; and
`
`That Plaintiff have such other and further relief as this Court shall deem
`
`just and equitable.
`
`Respectfully submitted this 5day of August, 2020.
`
`C;;lSTOPHERL.WEEMS
`
`Attorney for Plaintiff
`State Bar No.: 745716
`
`525 Gaines School Road
`
`Athens, Georgia 30605
`Phone: (706) 546-0854
`Fax:
`(706) 546-0864
`
`

`

`CERTIFICATE OF SERVICE
`
`This is to certify that I have this day served the Defendants with a copy of the
`
`foregoing Complaint for Damages and Summons by the Sheriff of Gwinnett'County
`
`Georgia and the Sheriff of Saluda County South Carolina at the following locations:
`
`CT CORPORATION SYSTEM
`289 S Culver Street
`Lawrenceville, GA 30045
`Registered Agent for Defendant for
`Nutrein Ag Solutions
`
`This
`
`1 % day ofAugust, 2020.
`
`Janet P Rutland
`Dry Creek Church Road,
`Route 1, Box l4—C
`Ward, SC
`Registered Agent for
`Defendant Aerial
`
`Specialists
`
`glgRISTOPHERL. WEEMS
`
`Attorney for Plaintiff
`State Bar No.: 745716
`
`525 Gaines School Road
`
`Athens, Georgia 30605
`Phone No.: (706) 546-0854
`Fax No.:
`(706) 546-0864
`
`

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