Case 3:25-cv-00020-RLY-CSW Document 1 Filed 02/03/25 Page 1 of 15 PageID #: 1
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF INDIANA
`EVANSVILLE DIVISION
`
`
`JOHN F. LAROY,
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`
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`Plaintiff,
`
`v.
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`
`
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`
`
`
`
`
`
`
`
`
`CASE NO.: 3:25-cv-20
`
`)
`)
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`)
`)
`JAY CHRISTIE, BLESSED TOWING,
`LLC, AGERO, INC., AGERO SERVICES )
`CORP., AGERO HOLDINGS, INC.,
`)
`AGERO FIELD INFORMATION
`
`)
`SERVICES, INC, AGERO DRIVER
`)
`ASSISTANCE SERVICES, INC., AGERO )
`CUSTOMER SERVICES, INC., AGERO
`)
`ADMINISTRATIVE SERVICE CORP.,
`)
`AGERO INTERNATIONAL SERVICES,
`)
`INC., SWOOPME SERVICES CORP.,
`)
`SWOOPME, INC., RIVIAN AUTOMO-
`)
`TIVE, INC., RIVIAN AUTOMOTIVE, LLC,)
`RIVIAN, LLC, RIVIAN HOLDINGS, LLC, )
`RIVIAN, INC., RIVIAN TENNESSEE,
`)
`LLC, and AUTO-OWNERS INSURANCE )
`COMPANY,
`
`
`
`)
`)
`)
`
`Defendants.
`
`
`
`
`
`
`
`
`COMPLAINT
`AND DEMAND FOR JURY TRIAL
`
`JURISDICTIONAL AND GENERAL ALLEGATIONS
`
`Comes now Plaintiff, John F. LaRoy, by counsel, and for his cause of action against the
`
`Defendants, Jay Christie, Blessed Towing, LLC, Agero, Inc., Agero Services Corp., Agero Holdings,
`
`Inc., Agero Field Information Services, Inc., Agero Driver Assistance Services, Inc., Agero Customer
`
`Services, Inc., Agero Administrative Service Corp., Agero International Services, Inc., SwoopMe
`
`Services Corp., SwoopMe, Inc., Rivian Automotive, Inc., Rivian Automotive, LLC, Rivian, LLC,
`
`Rivian Holdings, LLC, Rivian, Inc., Rivian Tennessee, LLC, and Auto-Owners Insurance Company,
`
`
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF INDIANA
`EVANSVILLE DIVISION
`
`
`JOHN F. LAROY,
`
`
`
`Plaintiff,
`
`v.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`CASE NO.: 3:25-cv-20
`
`)
`)
`)
`)
`)
`)
`)
`JAY CHRISTIE, BLESSED TOWING,
`LLC, AGERO, INC., AGERO SERVICES )
`CORP., AGERO HOLDINGS, INC.,
`)
`AGERO FIELD INFORMATION
`
`)
`SERVICES, INC, AGERO DRIVER
`)
`ASSISTANCE SERVICES, INC., AGERO )
`CUSTOMER SERVICES, INC., AGERO
`)
`ADMINISTRATIVE SERVICE CORP.,
`)
`AGERO INTERNATIONAL SERVICES,
`)
`INC., SWOOPME SERVICES CORP.,
`)
`SWOOPME, INC., RIVIAN AUTOMO-
`)
`TIVE, INC., RIVIAN AUTOMOTIVE, LLC,)
`RIVIAN, LLC, RIVIAN HOLDINGS, LLC, )
`RIVIAN, INC., RIVIAN TENNESSEE,
`)
`LLC, and AUTO-OWNERS INSURANCE )
`COMPANY,
`
`
`
`)
`)
`)
`
`Defendants.
`
`
`
`
`
`
`
`
`COMPLAINT
`AND DEMAND FOR JURY TRIAL
`
`JURISDICTIONAL AND GENERAL ALLEGATIONS
`
`Comes now Plaintiff, John F. LaRoy, by counsel, and for his cause of action against the
`
`Defendants, Jay Christie, Blessed Towing, LLC, Agero, Inc., Agero Services Corp., Agero Holdings,
`
`Inc., Agero Field Information Services, Inc., Agero Driver Assistance Services, Inc., Agero Customer
`
`Services, Inc., Agero Administrative Service Corp., Agero International Services, Inc., SwoopMe
`
`Services Corp., SwoopMe, Inc., Rivian Automotive, Inc., Rivian Automotive, LLC, Rivian, LLC,
`
`Rivian Holdings, LLC, Rivian, Inc., Rivian Tennessee, LLC, and Auto-Owners Insurance Company,
`
`
`
`Case 3:25-cv-00020-RLY-CSW Document 1 Filed 02/03/25 Page 2 of 15 PageID #: 2
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`states as follows:
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`1.
`
`That Plaintiff, John F. LaRoy, is a citizen and resident of Henderson County, North
`
`Carolina and was on February 6, 2023 a citizen and resident of Vanderburgh County,
`
`Indiana.
`
`2.
`
`3.
`
`That Defendant, Jay Christie, is a citizen and resident of Mt. Juliet, Tennessee.
`
`That Defendant Blessed Towing, LLC, administratively dissolved on August 10,
`
`2024, had its principal place of business in Nashville, Tennessee, was formed
`
`pursuant to the laws of the State of Tennessee, and comprised one member, Napier
`
`Christie, a citizen and resident of Tennessee.
`
`4.
`
`That Defendant Agero, Inc. is a Nevada Corporation with its principal place of
`
`business in Medford, Massachusetts.
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`5.
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`That Defendant Agero Services Corp. is a Delaware Corporation with its principal
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`place of business in Medford, Massachusetts.
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`6.
`
`That Defendant Agero Holdings, Inc. is a Delaware Corporation with its principal
`
`place of business in Medford, Massachusetts.
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`7.
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`That Defendant Agero Field Information Services, Inc. is a Massachusetts
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`Corporation with its principal place of business in Medford, Massachusetts.
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`8.
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`That Defendant Agero Driver Assistance Services, Inc. is a Delaware Corporation
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`with its principal place of business in Medford, Massachusetts.
`
`9.
`
`That Defendant Agero Customer Services, Inc. is a Massachusetts Corporation with
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`its principal place of business in Medford, Massachusetts.
`
`10.
`
`That Defendant Agero Administrative Service Corp. is a Massachusetts Corporation
`
`
`
`2
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`Case 3:25-cv-00020-RLY-CSW Document 1 Filed 02/03/25 Page 3 of 15 PageID #: 3
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`with its principal place of business in Medford, Massachusetts.
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`11.
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`That Defendant Agero International Services, Inc. is a Delaware Corporation with its
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`principal place of business in Medford, Massachusetts.
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`12.
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`That Defendant SwoopMe Services Corp. is a Delaware Corporation with its
`
`principal place of business in Medford, Massachusetts.
`
`13.
`
`That Defendant SwoopMe, Inc. is a Delaware Corporation with its principal place of
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`business in Medford, Massachusetts.
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`14.
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`That Defendant Rivian Automotive, Inc. is a Delaware Corporation with its principal
`
`place of business in Irvine, California.
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`15.
`
`That Defendant Rivian Automotive, LLC has its principal place of business in Irvine,
`
`California, was formed pursuant to the laws of the State of Delaware, and comprises
`
`one member, Rivian, LLC.
`
`16.
`
`That Defendant Rivian, LLC has its principal place of business in Irvine, California,
`
`was formed pursuant to the laws of the State of Delaware, and comprises one
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`member, Rivian Holdings, LLC.
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`17.
`
`That Defendant Rivian Holdings, LLC has its principal place of business in Irvine,
`
`California, was formed pursuant to the laws of the State of Delaware, and comprises
`
`one member, Rivian Automotive, Inc., which is a Delaware Corporation with its
`
`principal place of business in Irvine, California.
`
`18.
`
`That Defendant Rivian, Inc. is a California Corporation with its principal place of
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`business in Irvine, California.
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`19.
`
`That Defendant Rivian Tennessee, LLC has its principal place of business in Irvine,
`
`
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`3
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`Case 3:25-cv-00020-RLY-CSW Document 1 Filed 02/03/25 Page 4 of 15 PageID #: 4
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`California, was formed pursuant to the laws of the State of Delaware, and comprises
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`one member, Rivian Automotive, Inc., which is a Delaware Corporation with its
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`principal place of business in Irvine, California.
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`20.
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`That Defendant Auto-Owners Insurance Company is a Michigan company with its
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`principal place of business in Lansing, Michigan.
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`21.
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`That the amount in controversy, exclusive of interest and costs, is in excess of
`
`$75,000.
`
`22.
`
`That by reason of the foregoing facts, diversity of citizenship and the amount in
`
`controversy exists between the parties thereby conferring jurisdiction of this action
`
`upon this Court.
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`23.
`
`That on February 6, 2023, Plaintiff John F. LaRoy owned an electric vehicle
`
`manufactured by Defendants Rivian Automotive, Inc., Rivian Automotive, LLC,
`
`Rivian, LLC, Rivian Holdings, LLC, Rivian, Inc., and/or Rivian Tennessee, LLC.
`
`24.
`
`That said vehicle was subject to an agreement between Plaintiff John F. LaRoy and
`
`Defendants Rivian Automotive, Inc., Rivian Automotive, LLC, Rivian, LLC, Rivian
`
`Holdings, LLC, Rivian, Inc., and/or Rivian Tennessee, LLC called Rivian Roadside
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`Assistance and/or Rivian New Vehicle Limited Warranty (hereinafter “Towing
`
`Agreement”), which agreement provided among other things complimentary towing
`
`at the direction of Defendants Rivian Automotive, Inc., Rivian Automotive, LLC,
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`Rivian, LLC, Rivian Holdings, LLC, Rivian, Inc., and/or Rivian Tennessee, LLC.
`
`Exhibit 1.
`
`25.
`
`That on or about April 6, 2021, Defendants Rivian Automotive, Inc., Rivian
`
`
`
`4
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`
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`Case 3:25-cv-00020-RLY-CSW Document 1 Filed 02/03/25 Page 5 of 15 PageID #: 5
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`Automotive, LLC, Rivian, LLC, Rivian Holdings, LLC, Rivian, Inc., and/or Rivian
`
`Tennessee, LLC contracted with Defendants Agero, Inc., Agero Services Corp.,
`
`Agero Holdings, Inc., Agero Field Information Services, Inc., Agero Driver
`
`Assistance Services, Inc., Agero Customer Services, Inc., Agero Administrative
`
`Service Corp., Agero International Services, Inc., SwoopMe Services Corp., and/or
`
`SwoopMe, Inc. to provide towing services pursuant to said Towing Agreement
`
`(hereinafter “Rivian-Agero Agreement”). Exhibit 2.
`
`26.
`
`That on or before February 6, 2023, the towing of vehicles manufactured by
`
`Defendants Rivian Automotive, Inc., Rivian Automotive, LLC, Rivian, LLC, Rivian
`
`Holdings, LLC, Rivian, Inc., and/or Rivian Tennessee, LLC, including the towing of
`
`the vehicle owned by Plaintiff John F. LaRoy, had to be done by carriers specially
`
`trained on how to properly load, secure, and transport Rivian vehicles.
`
`COUNT I – NEGLIGENCE
`
`
`
`Comes now Plaintiff, John F. LaRoy, by counsel, and for his cause of action against the
`
`Defendants, Jay Christie, Blessed Towing, LLC, Agero, Inc., Agero Services Corp., Agero Holdings,
`
`Inc., Agero Field Information Services, Inc., Agero Driver Assistance Services, Inc., Agero Customer
`
`Services, Inc., Agero Administrative Service Corp., Agero International Services, Inc., SwoopMe
`
`Services Corp., SwoopMe, Inc., Rivian Automotive, Inc., Rivian Automotive, LLC, Rivian, LLC,
`
`Rivian Holdings, LLC, Rivian, Inc., and Rivian Tennessee, LLC, states as follows:
`
`27.
`
`That Plaintiff restates and incorporates by reference rhetorical paragraphs 1 through
`
`26 herein.
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`28.
`
`That on or before February 6, 2023, Plaintiff John F. LaRoy experienced errors in the
`
`
`
`5
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`Case 3:25-cv-00020-RLY-CSW Document 1 Filed 02/03/25 Page 6 of 15 PageID #: 6
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`operation and/or use of said electric vehicle.
`
`29.
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`That on or before February 6, 2023, Plaintiff John F. LaRoy contacted Defendants
`
`Rivian Automotive, Inc., Rivian Automotive, LLC, Rivian, LLC, Rivian Holdings,
`
`LLC, Rivian, Inc., and/or Rivian Tennessee, LLC. with regard to said errors.
`
`30.
`
`That on or before February 6, 2023, Defendants Rivian Automotive, Inc., Rivian
`
`Automotive, LLC, Rivian, LLC, Rivian Holdings, LLC, Rivian, Inc., and/or Rivian
`
`Tennessee, LLC agreed to tow said vehicle from Evansville, Indiana to Franklin,
`
`Tennessee, where said Defendants reported to have a service center for the purpose of
`
`making repairs to said vehicle, pursuant to said Defendants’ Towing Agreement with
`
`Plaintiff John F. LaRoy.
`
`31.
`
`That on or before February 6, 2023, Defendants Rivian Automotive, Inc., Rivian
`
`Automotive, LLC, Rivian, LLC, Rivian Holdings, LLC, Rivian, Inc., and/or Rivian
`
`Tennessee, LLC contacted Defendants Agero, Inc., Agero Services Corp., Agero
`
`Holdings, Inc., Agero Field Information Services, Inc., Agero Driver Assistance
`
`Services, Inc., Agero Customer Services, Inc., Agero Administrative Service Corp.,
`
`Agero International Services, Inc., SwoopMe Services Corp., and/or SwoopMe, Inc.
`
`pursuant to said Defendants’ Rivian-Agero Agreement to tow said vehicle from
`
`Evansville, Indiana to Franklin, Tennessee.
`
`32.
`
`That on or before February 6, 2023, Defendants Agero, Inc., Agero Services Corp.,
`
`Agero Holdings, Inc., Agero Field Information Services, Inc., Agero Driver
`
`Assistance Services, Inc., Agero Customer Services, Inc., Agero Administrative
`
`Service Corp., Agero International Services, Inc., SwoopMe Services Corp., and/or
`
`
`
`6
`
`
`
`Case 3:25-cv-00020-RLY-CSW Document 1 Filed 02/03/25 Page 7 of 15 PageID #: 7
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`SwoopMe, Inc. contracted with Defendants Jay Christie and/or Blessed Towing, LLC
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`to tow said vehicle from Evansville, Indiana to Franklin, Tennessee.
`
`33.
`
`That on February 6, 2023, Defendant Jay Christie, operating a tow truck, met
`
`Plaintiff John F. LaRoy in a parking lot located at the corner of Sycamore Street and
`
`SE 5th Street in Evansville, Indiana for the purpose of taking possession of said
`
`vehicle and towing said vehicle to Defendants Rivian Automotive, Inc.’s, Rivian
`
`Automotive, LLC’s, Rivian, LLC’s, Rivian Holdings, LLC’s, Rivian, Inc.’s, and/or
`
`Rivian Tennessee, LLC’s service center located in Franklin, Tennessee.
`
`34.
`
`That at said time and place, Defendant Jay Christie reported that he never drove
`
`Rivians and directed Plaintiff John F. LaRoy to drive said vehicle onto the bed of the
`
`tow truck operated by Defendant Jay Christie.
`
`35.
`
`That at said time and place, after having driven said vehicle onto the bed of the tow
`
`truck and while attempting to carefully dismount the bed of the tow truck, Plaintiff
`
`John F. LaRoy fell, striking his head on the pavement.
`
`36.
`
`That at said time and place, Defendant Jay Christie had a duty to Plaintiff John F.
`
`LaRoy to load said vehicle onto the bed of the tow truck and to do so in a reasonably
`
`safe manner.
`
`37.
`
`That at said time and place, Defendant Jay Christie breached said duty (a) by
`
`directing Plaintiff John F. LaRoy to load said vehicle onto the bed of the tow truck,
`
`(b) by failing to help Plaintiff John F. LaRoy dismount the bed of the tow truck, and
`
`(c) by failing to warn of trip hazards on or in the bed of the tow truck.
`
`38.
`
`That the proximate cause of said fall was negligent conduct on the part of Defendant
`
`
`
`7
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`Case 3:25-cv-00020-RLY-CSW Document 1 Filed 02/03/25 Page 8 of 15 PageID #: 8
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`Jay Christie.
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`39.
`
`That on or before February 6, 2023, the manner, means, and method of the towing of
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`the vehicle owned by Plaintiff John F. LaRoy was dictated pursuant to contract
`
`and/or training by Defendants Agero, Inc., Agero Services Corp., Agero Holdings,
`
`Inc., Agero Field Information Services, Inc., Agero Driver Assistance Services, Inc.,
`
`Agero Customer Services, Inc., Agero International Services, Inc., Agero
`
`Administrative Service Corp., SwoopMe Services Corp., SwoopMe, Inc., Rivian
`
`Automotive, Inc., Rivian Automotive, LLC, Rivian, LLC, Rivian Holdings, LLC,
`
`Rivian, Inc., and/or Rivian Tennessee, LLC.
`
`40.
`
`That at said time and place, Defendant Jay Christie was employed by and/or
`
`operating as an agent of Defendants Blessed Towing, LLC, Agero, Inc., Agero
`
`Services Corp., Agero Holdings, Inc., Agero Field Information Services, Inc., Agero
`
`Driver Assistance Services, Inc., Agero Customer Services, Inc., Agero
`
`Administrative Service Corp., Agero International Services, Inc., SwoopMe Services
`
`Corp., SwoopMe, Inc., Rivian Automotive, Inc., Rivian Automotive, LLC, Rivian,
`
`LLC, Rivian Holdings, LLC, Rivian, Inc., and/or Rivian Tennessee, LLC and was
`
`within the course and scope of his employment and/or agency with said Defendant(s).
`
`WHEREFORE, Plaintiff, John F. LaRoy, prays for a judgment of and from the Defendants,
`
`Jay Christie, Blessed Towing, LLC, Agero, Inc., Agero Services Corp., Agero Holdings, Inc., Agero
`
`Field Information Services, Inc., Agero Driver Assistance Services, Inc., Agero Customer Services,
`
`Inc., Agero Administrative Service Corp., Agero International Services, Inc., SwoopMe Services
`
`Corp., SwoopMe, Inc., Rivian Automotive, Inc., Rivian Automotive, LLC, Rivian, LLC, Rivian
`
`
`
`8
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`
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`Case 3:25-cv-00020-RLY-CSW Document 1 Filed 02/03/25 Page 9 of 15 PageID #: 9
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`Holdings, LLC, Rivian, Inc., and/or Rivian Tennessee, LLC, in an amount equal to his damages
`
`herein, costs and all other relief deemed appropriate in the premises.
`
`DEMAND FOR JURY TRIAL
`
`PLAINTIFF RESPECTFULLY REQUESTS TRIAL BY JURY IN THE ABOVE
`
`CAPTIONED MATTER.
`
`COUNT II – NEGLIGENT HIRING AND/OR TRAINING
`
`
`
`Comes now Plaintiff, John F. LaRoy, by counsel, and for his cause of action against the
`
`Defendants, Jay Christie, Blessed Towing, LLC, Agero, Inc., Agero Services Corp., Agero Holdings,
`
`Inc., Agero Field Information Services, Inc., Agero Driver Assistance Services, Inc., Agero Customer
`
`Services, Inc., Agero Administrative Service Corp., Agero International Services, Inc., SwoopMe
`
`Services Corp., SwoopMe, Inc., Rivian Automotive, Inc., Rivian Automotive, LLC, Rivian, LLC,
`
`Rivian Holdings, LLC, Rivian, Inc., and Rivian Tennessee, LLC, states as follows:
`
`41.
`
`That Plaintiff restates and incorporates by reference rhetorical paragraphs 1 through
`
`40 herein.
`
`42.
`
`That at said time and place, Defendants Agero, Inc., Agero Services Corp., Agero
`
`Holdings, Inc., Agero Field Information Services, Inc., Agero Driver Assistance
`
`Services, Inc., Agero Customer Services, Inc., Agero Administrative Service Corp.,
`
`Agero International Services, Inc., SwoopMe Services Corp., SwoopMe, Inc., Rivian
`
`Automotive, Inc., Rivian Automotive, LLC, Rivian, LLC, Rivian Holdings, LLC,
`
`Rivian, Inc., and/or Rivian Tennessee, LLC had a duty to Plaintiff John F. LaRoy to
`
`hire tow truck operators specially trained and/or train tow truck operators on how to
`
`properly load, secure, and transport Rivian vehicles.
`
`
`
`9
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`Case 3:25-cv-00020-RLY-CSW Document 1 Filed 02/03/25 Page 10 of 15 PageID #:
`10
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`43.
`
`That at said time and place, Defendants Agero, Inc., Agero Services Corp., Agero
`
`Holdings, Inc., Agero Field Information Services, Inc., Agero Driver Assistance
`
`Services, Inc., Agero Customer Services, Inc., Agero Administrative Service Corp.,
`
`Agero International Services, Inc., SwoopMe Services Corp., SwoopMe, Inc., Rivian
`
`Automotive, Inc., Rivian Automotive, LLC, Rivian, LLC, Rivian Holdings, LLC,
`
`Rivian, Inc., and/or Rivian Tennessee, LLC breached said duty to Plaintiff John F.
`
`LaRoy by failing to hire a tow truck operator specially trained and/or failing to train a
`
`tow truck operator on how to properly load, secure, and transport Rivian vehicles.
`
`44.
`
`That the proximate cause of said fall from the bed of the tow truck was negligently
`
`failing to hire a tow truck operator specially trained and/or failing to specially train a
`
`tow truck operator on how to properly load, secure, and transport Rivian vehicles on
`
`the part of Defendants, Jay Christie, Blessed Towing, LLC, Agero, Inc., Agero
`
`Services Corp., Agero Holdings, Inc., Agero Field Information Services, Inc., Agero
`
`Driver Assistance Services, Inc., Agero Customer Services, Inc., Agero
`
`Administrative Service Corp., Agero International Services, Inc., SwoopMe Services
`
`Corp., SwoopMe, Inc., Rivian Automotive, Inc., Rivian Automotive, LLC, Rivian,
`
`LLC, Rivian Holdings, LLC, Rivian, Inc., and/or Rivian Tennessee, LLC.
`
`45.
`
`That at said time and place, therefore, Defendant Jay Christie was employed by
`
`and/or operating as an agent of Defendants Blessed Towing, LLC, Agero, Inc., Agero
`
`Services Corp., Agero Holdings, Inc., Agero Field Information Services, Inc., Agero
`
`Driver Assistance Services, Inc., Agero Customer Services, Inc., Agero
`
`Administrative Service Corp., Agero International Services, Inc., SwoopMe Services
`
`
`
`10
`
`
`
`Case 3:25-cv-00020-RLY-CSW Document 1 Filed 02/03/25 Page 11 of 15 PageID #:
`11
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`Corp., SwoopMe, Inc., Rivian Automotive, Inc., Rivian Automotive, LLC, Rivian,
`
`LLC, Rivian Holdings, LLC, Rivian, Inc., and/or Rivian Tennessee, LLC and was
`
`within the course and scope of his employment and/or agency with said Defendant(s).
`
`WHEREFORE, Plaintiff, John F. LaRoy, prays for a judgment of and from the Defendants,
`
`Jay Christie, Blessed Towing, LLC, Agero, Inc., Agero Services Corp., Agero Holdings, Inc., Agero
`
`Field Information Services, Inc., Agero Driver Assistance Services, Inc., Agero Customer Services,
`
`Inc., Agero Administrative Service Corp., Agero International Services, Inc., SwoopMe Services
`
`Corp., SwoopMe, Inc., Rivian Automotive, Inc., Rivian Automotive, LLC, Rivian, LLC, Rivian
`
`Holdings, LLC, Rivian, Inc., and/or Rivian Tennessee, LLC, in an amount equal to his damages
`
`herein, costs and all other relief deemed appropriate in the premises.
`
`DEMAND FOR JURY TRIAL
`
`PLAINTIFF RESPECTFULLY REQUESTS TRIAL BY JURY IN THE ABOVE
`
`CAPTIONED MATTER.
`
`COUNT III – BREACH OF CONTRACT
`
`
`
`Comes now Plaintiff, John F. LaRoy, by counsel, and for his cause of action against the
`
`Defendants, Jay Christie, Blessed Towing, LLC, Agero, Inc., Agero Services Corp., Agero Holdings,
`
`Inc., Agero Field Information Services, Inc., Agero Driver Assistance Services, Inc., Agero Customer
`
`Services, Inc., Agero Administrative Service Corp., Agero International Services, Inc., SwoopMe
`
`Services Corp., SwoopMe, Inc., Rivian Automotive, Inc., Rivian Automotive, LLC, Rivian, LLC,
`
`Rivian Holdings, LLC, Rivian, Inc., and Rivian Tennessee, LLC, states as follows:
`
`46.
`
`That Plaintiff restates and incorporates by reference rhetorical paragraphs 1 through
`
`45 herein.
`
`
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`11
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`Case 3:25-cv-00020-RLY-CSW Document 1 Filed 02/03/25 Page 12 of 15 PageID #:
`12
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`47.
`
`That on February 6, 2023, Plaintiff John F. LaRoy was a direct party to the
`
`contract(s) between Plaintiff John F. LaRoy and Defendants Rivian Automotive, Inc.,
`
`Rivian Automotive, LLC, Rivian, LLC, Rivian Holdings, LLC, Rivian, Inc., and/or
`
`Rivian Tennessee, LLC.
`
`48.
`
`That on February 6, 2023, Plaintiff John F. LaRoy was a third-party beneficiary of the
`
`contract(s) by and amongst Defendants, Jay Christie, Blessed Towing, LLC, Agero,
`
`Inc., Agero Services Corp., Agero Holdings, Inc., Agero Field Information Services,
`
`Inc., Agero Driver Assistance Services, Inc., Agero Customer Services, Inc., Agero
`
`Administrative Service Corp., Agero International Services, Inc., SwoopMe Services
`
`Corp., SwoopMe, Inc., Rivian Automotive, Inc., Rivian Automotive, LLC, Rivian,
`
`LLC, Rivian Holdings, LLC, Rivian, Inc., and/or Rivian Tennessee, LLC because
`
`said Defendants (a) intended to benefit Plaintiff John F. LaRoy through said
`
`contract(s), (b) had duties in favor of Plaintiff John F. LaRoy, and (c) was/were
`
`required to carry out its/their contractual duties to render the intended benefit to
`
`Plaintiff John F. LaRoy.
`
`49.
`
`That on February 6, 2023, Defendants Rivian Automotive, Inc., Rivian Automotive,
`
`LLC, Rivian, LLC, Rivian Holdings, LLC, Rivian, Inc., and/or Rivian Tennessee,
`
`LLC failed to carry out their duties under the contract(s) between said Defendants
`
`and Plaintiff, including failing to hire a carrier specially trained and/or failing to train
`
`a carrier on how to properly load, secure, and transport Rivian vehicles.
`
`50.
`
`That on February 6, 2023, Defendants, Jay Christie, Blessed Towing, LLC, Agero,
`
`Inc., Agero Services Corp., Agero Holdings, Inc., Agero Field Information Services,
`
`
`
`12
`
`
`
`Case 3:25-cv-00020-RLY-CSW Document 1 Filed 02/03/25 Page 13 of 15 PageID #:
`13
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`Inc., Agero Driver Assistance Services, Inc., Agero Customer Services, Inc., Agero
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`Administrative Service Corp., Agero International Services, Inc., SwoopMe Services
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`Corp., SwoopMe, Inc., Rivian Automotive, Inc., Rivian Automotive, LLC, Rivian,
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`LLC, Rivian Holdings, LLC, Rivian, Inc., and/or Rivian Tennessee, LLC failed to
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`carry out their duties under the contract(s) between and amongst said Defendants,
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`including failing to hire a carrier specially trained and/or failing to train a carrier on
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`how to properly load, secure, and transport Rivian vehicles.
`
`51.
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`That as the result of said Defendants’ breach, Plaintiff John F. LaRoy suffered losses
`
`and damages.
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`WHEREFORE, Plaintiff, John F. LaRoy, prays for a judgment of and from the Defendants,
`
`Jay Christie, Blessed Towing, LLC, Agero, Inc., Agero Services Corp., Agero Holdings, Inc., Agero
`
`Field Information Services, Inc., Agero Driver Assistance Services, Inc., Agero Customer Services,
`
`Inc., Agero Administrative Service Corp., Agero International Services, Inc., SwoopMe Services
`
`Corp., SwoopMe, Inc., Rivian Automotive, Inc., Rivian Automotive, LLC, Rivian, LLC, Rivian
`
`Holdings, LLC, Rivian, Inc., and Rivian Tennessee, LLC, in an amount equal to his damages herein,
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`costs and all other relief deemed appropriate in the premises.
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`DEMAND FOR JURY TRIAL
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`PLAINTIFF RESPECTFULLY REQUESTS TRIAL BY JURY IN THE ABOVE
`
`CAPTIONED MATTER.
`
`COUNT IV – BREACH OF CONTRACT
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`
`
`Comes now Plaintiff, John F. LaRoy, by counsel, and for his cause of action against the
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`Defendant, Auto-Owners Insurance Company, states as follows:
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`
`
`13
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`
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`Case 3:25-cv-00020-RLY-CSW Document 1 Filed 02/03/25 Page 14 of 15 PageID #:
`14
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`52.
`
`That Plaintiff restates and incorporates by reference rhetorical paragraphs 1 through
`
`51 herein.
`
`53.
`
`That at the time of said fall, Plaintiff John F. LaRoy was insured for uninsured and
`
`underinsured motorist coverage with Defendant, Auto-Owners Insurance Company.
`
`54.
`
`That to Plaintiff’s belief and knowledge the policy in effect at the time of the
`
`referenced fall with Defendant Auto-Owners Insurance Company is identified with
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`Policy No. 54-012284-00 (declarations of which is attached as Exhibit 3), along with
`
`any other available uninsured/underinsured coverage.
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`55.
`
`That Defendant(s) Jay Christie and Blessed Towing, LLC is/are an uninsured or
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`underinsured motorist(s).
`
`56.
`
`That Defendant, Auto-Owners Insurance Company, has breached its contractual
`
`obligations to pay uninsured or underinsured motorist coverage to its insured,
`
`Plaintiff John F. LaRoy.
`
`57.
`
`That as the proximate result of said breach of contract, Plaintiff John F. LaRoy has
`
`suffered losses and damages.
`
`
`
`WHEREFORE, Plaintiff John F. LaRoy prays for a judgment of and from the Defendant,
`
`Auto-Owners Insurance Company, in an amount equal to his damages herein, plus all other relief
`
`allowed by law, pursuant to said identified policy and all applicable uninsured or underinsured
`
`motorist coverage.
`
`
`
`
`
`
`
`
`
`14
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`
`
`Case 3:25-cv-00020-RLY-CSW Document 1 Filed 02/03/25 Page 15 of 15 PageID #:
`15
`
`
`
`
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`DEMAND FOR JURY TRIAL
`
`PLAINTIFF RESPECTFULLY REQUESTS TRIAL BY JURY IN THE ABOVE
`
`CAPTIONED MATTER.
`
`
`
`
`
`By:
`
`
`
`
`TULEY LAW OFFICE
`
`s/ Heath A. Tuley
`Daniel J. Tuley, #10930-82
`Heath A. Tuley, #29523-49
`Aaron F. Tuley, #34233-49
`20 N.W. 1st Street, Suite 610
`Evansville, IN 47708
`Phone: (812) 434-1936
`Facsimile: (812) 434-0224
`ATTORNEYS FOR PLAINTIFF
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`15
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`
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