`MORGAN COUNTY, GEORGIA
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`2020-SU-CA-182
`AUG 19, 2020 03:39 PM
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`=—— EFILED IN OFFICE
`CLERK OF SUPERIOR COURT
`MORGAN COUNTY, GEORGIA
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`AUG 19, 2020 03:39 PM
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`meanness:
`0,9,
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`STATE OF GEORGIA
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`)CIVIL ACTION NO.:
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`DIANE CARTEY
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`Plaintiff,
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`vs.
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`, NUTRIEN AG SOLUTIONS and
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`AERIAL SPECIALISTS, INC.,
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`Defendants.
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`)
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`COMPLAINT FOR DAMAGES
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`Comes now, DIANE CARTEY, Plaintiff in the above-styled action (hereinafter
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`referred to as Plaintiff CARTEY), and files this Complaint for Damages against the
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`Defendants, NUTRIEN AG SOLUTIONS (hereinafter referred to as Defendant
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`NUTRIEN AG SOLUTIONS) and AERIAL SPECIALISTS, INC. (hereinafter
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`referred to as Defendant AERIAL SPECIALISTS), and Shows this Honorable Court as
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`follows:
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`1.
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`Defendant NUTRIEN AG SOLUTIONS is a Delaware Corporation authorized
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`to do business within the State of Georgia whose registered agent for service ofprocess is
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`CT CORPORATION SYSTEM, located at 289 S CULVER STREET,
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`LAWRENCEVILLE, GEORGIA 30046. At all times relevant to this action, Defendant
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`NUTRIEN AG SOLUTIONS subcontracted Defendant AERIAL SPECIALISTS to
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`spray herbicides in Morgan County, Georgia. Defendant AERIAL SPECIALISTS is
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`subject to the venue and jurisdiction of this Court.
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`2.
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`Defendant AERIAL SPECIALISTS is a South Carolina Corporation authorized
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`to do business within the State of Georgia whose registered agent for service of process is
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`one JANET P. RUTLAND, located at DRY CREEK CHURCH RD, RT 1 BX 14-C,
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`WARD, SOUTH CAROLINA, 29166. At all times relevant to this action, Defendant
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`AERIAL SPECIALISTS was actively engaged in the aerial application of herbicides in
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`the proximity ofplaintiff’5 property in Morgan County. The acts and omissions giving
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`rise to this cause of action occurred in Morgan County, Georgia. By virtue of the facts
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`alleged herein, Defendant AERIAL SPECIALISTS is subject to the venue and
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`jurisdiction of this Court.
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`3.
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`Venue for the matter is proper in Morgan County, Georgia.
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`4.
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`Defendant NUTRIEN AG SOLUTIONS is liable for the actions of Defendant
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`AERIAL SPECIALISTS pursuant to O.C.G.A. § 51-2—5(2).
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`5.
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`On August 30, 2018, the Defendant AERIAL SPECIALISTS was operating a
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`helicopter equipped with an herbicide spraying apparatus on the property adjacent to
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`Plaintiff 3 property.
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`6.
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`Defendant AERIAL SPECIALISTS trespassed onto the airspace over Plaintiff‘s
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`property while continuing to emit the relevant herbicides, destroying the organic garden
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`on Plaintiff’s property.
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`7.
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`The negligent acts of Defendant AERIAL SPECIALISTS, acting by and through
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`its agents, servants and/or employees, were the actual and proximate cause of the serious
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`injuries to Plaintiff‘s property.
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`8.
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`Plaintiff shows that the damages were a direct result of and proximately caused by
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`the acts of Defendant who was negligent in the following particulars:
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`a)
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`b)
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`In trespassing over Plaintiff’s property via air (O.C.G.A. § 51-9-9);
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`In failing to exercise control over the herbicidal compounds found in the
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`samples collected from Plaintiffs crop immediately prior to the
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`application.
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`9.
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`Plaintiff shows that the following statute was in force in the State of Georgia at
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`the time of the complained incident:
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`a)
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`Employer liability for contractors in inherently dangerous activities
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`(O.C.G.A. § 51-2-5(2));
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`b)
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`In trespassing over Plaintiff’s property via air (O.C.G.A. § 51—9-9).
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`10.
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`As a result of Defendant’s negligence, Plaintiff‘s property sustained severe
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`injuries—both economic and otherwise—from which she did then suffer, and she shows
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`further that she incurred expenses and damages of $74,999.99 or less.
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`WHEREFORE, Plaintiff prays for the following:
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`a)
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`That summons be issued requiring the Defendant to be served as provided
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`by law and requiring the Defendant to answer the Complaint;
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`b)
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`That Plaintiff obtains a judgment for damages against Defendant in a
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`sufiicient amount to compensate Plaintiff for her property destruction,
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`suffering and damages;
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`c)
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`d)
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`That the costs of bringing this action be taxed against the Defendant; and
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`That Plaintiff have such other and further relief as this Court shall deem
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`just and equitable.
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`Respectfully submitted this 5day of August, 2020.
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`C;;lSTOPHERL.WEEMS
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`Attorney for Plaintiff
`State Bar No.: 745716
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`525 Gaines School Road
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`Athens, Georgia 30605
`Phone: (706) 546-0854
`Fax:
`(706) 546-0864
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`CERTIFICATE OF SERVICE
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`This is to certify that I have this day served the Defendants with a copy of the
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`foregoing Complaint for Damages and Summons by the Sheriff of Gwinnett'County
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`Georgia and the Sheriff of Saluda County South Carolina at the following locations:
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`CT CORPORATION SYSTEM
`289 S Culver Street
`Lawrenceville, GA 30045
`Registered Agent for Defendant for
`Nutrein Ag Solutions
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`This
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`1 % day ofAugust, 2020.
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`Janet P Rutland
`Dry Creek Church Road,
`Route 1, Box l4—C
`Ward, SC
`Registered Agent for
`Defendant Aerial
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`Specialists
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`glgRISTOPHERL. WEEMS
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`Attorney for Plaintiff
`State Bar No.: 745716
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`525 Gaines School Road
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`Athens, Georgia 30605
`Phone No.: (706) 546-0854
`Fax No.:
`(706) 546-0864
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`