Weis v. Capucci and Custom Critical Logistics - Truck/Motorcycle Collision

IN THE CIRCUIT COURT FOR BLOUNT COUNTY, TENNESSEE
JOSEPH WEIS )
)
Plaintiff, )
)
v. ) NO. L-19213
) JURY DEMAND
PAULO D. CAPUCCI; and )
CUSTOM CRITICAL LOGISTICS, INC. )
)
Defendants. )
AMENDED COMPLAINT
Pursuant to Tenn. R. Civ. P. 15.01,1
the Plaintiff amends his Complaint to state as follows
to the Court and Jury:
PARTIES, JURISDICTION AND VENUE
1. The Plaintiff, Joseph (“Joe”) Weis, is an adult resident of the State of Florida.
2. The Defendant, Paulo D. Capucci is an adult resident of Florida. His home address is 729
Siesta Key Trail, Apt. 1317, Deerfield Beach, FL 33441.
3. The Defendant, Custom Critical Logistics, Inc. is a foreign corporation, incorporated in
Florida. Custom Critical Logistics, Inc. may be served at its principle place of business,
5530 NE 26th Avenue, Ft. Lauderdale, FL 33308.
4. Nikola Malbasa is authorized to accept service on behalf of Custom Critical Logistics, Inc.
5. Defendant Capucci is an agent, employee, and/or servant of Custom Critical Logistics. The
scope of his agency included his operation of the tractor-trailer on June 14, 2015.
6. Defendant Custom Critical Logistics is vicariously liable for the acts of Mr. Capucci.

1
Neither Defendant has filed a responsive pleading, so Rule 15.01 permits the Plaintiff to amend his Complaint as a
matter of right, without leave of Court.

AUTO ACCIDENT LAWSUIT
2
www.cmtriallawyers.com
Top-Rated Trial Lawyers for Medical Malpractice, Personal Injury, and Auto Accident Claims
Cummings Manookian – 45 Music Square West, Nashville, Tennessee 37203
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7. The subject matter of this lawsuit involves the Defendants per se unlawful and reckless
operation of tractor trailer on a stretch of road in Blount County, Tennessee. The
Defendants caused the Plaintiff to suffer catastrophic injuries in Blount County, Tennessee.
8. This Court has jurisdiction over Defendants pursuant to Tenn. Code Ann. § 20-2-223(a)(3).
9. This Court has subject matter jurisdiction pursuant to Tenn. Code Ann. § 16-10-101.
10.Venue is proper in Blount County pursuant to Tenn. Code Ann. § 20-4-102(a).
FACTUAL ALLEGATIONS
THE DRAGON
11.“The Tail of the Dragon”2
is a well-known stretch of US Highway 129. The Dragon is
located in Blount County, Tennessee near the North Carolina border.
12.The Dragon twists through the Great Smoky Mountains and Cherokee National Forest. It
begins at Deals Gap (el. 1,988 ft.) and extends for 11 miles.
13.The Dragon contains 318 curves over 11 miles. Many of those curves are sharp and
switchback-like. Visibility is limited due to the dense thicket of forest adjoining the road.
Aerial photograph of a portion of the Dragon

2
The Tail of the Dragon is also referred to as “the Dragon” for short.

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14.There is no development, and no intersecting roads, along the Dragon. As such, there is no
reason for motorists using the road to anticipate other vehicles to pull out in front of them.
15.As a result of the beautiful scenery, unobstructed lanes, and challenging curves, the Dragon
is a popular destination for motorcyclists.
16.The Dragon is not appropriate for use by tractor-trailers. Tractor-trailers cannot safely
negotiate the Dragon’s switchback turns, without dangerously obstructing the oncoming
lane, overturning, and/or jackknifing.
17.Various media outlets documented the dangers and fatalities caused by tractor-trailers’ use
of the Dragon as a shortcut, before laws were passed which prohibited access to trucks.
18.For example, the Discovery Channel show “Hell Roads,” aired an episode on the Dragon
in 2012. The feature explained that “[w]ith these monsters (tractor-trailers) incapable of
sticking to their own lane, [the Dragon is] Russian roulette at every turn.”
19.In response to this danger, North Carolina and Tennessee prohibited tractor-trailers from
using the Dragon, and the portions of highways that lead directly to the Dragon.
20. Both Tennessee and North Carolina have also erected large, clearly visible signs warning
truckers that they are prohibited from using these roads (examples pictured below).

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21.There is no way to access the Dragon without passing large, clearly visible signs warning
large trucks not to proceed.
22.North Carolina prohibits tractor-trailers from driving on US 129, from US 19/74 to the
Tennessee border (Ord, #1065132, Eff. 7/11/2012); NC-28, from NC-143 to the Tennessee
border (Ord. #1061696, Eff. 10/14/2010); and NC 143, from the Tennessee border to the
northern intersection with US 129 (Ord. #1060140, Eff. 2/23/2010).3
NCDOT Tractor Trailer Restrictions marked in thick black
23.The North Carolina Department of Transportation (“NCDOT”) did not provide special
authorization to the Defendants to use any of these prohibited roads.
24.The Tennessee Department of Transportation (“TDOT”) followed suit, announcing, in
December 2014, that tractor-trailers were banned from using of the Dragon.4

3
The applicable NCDOT Truck Restriction ordinances are attached as Exhibit 1 to the Complaint.
4
Exhibit 2 to the Complaint.

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25.In January 2015, the TDOT installed conspicuous signs providing unambiguous notice to
drivers of tractor-trailers that they were prohibited from using the Dragon.
DEFENDANTS’ DISREGARD OF THE LAW, REPEAT WARNINGS, & KNOWN
RISKS
26.On June 14, 2015, Defendant Capucci was operating a tractor, owned by Defendant
Custom Critical Logistics, to haul a trailer of over thirty feet in length.
27.Defendant Capucci drove that tractor-trailer on NC-28 toward the Tennessee boarder, in
violation of NC Ordinance #1061696.
28.At the intersection of NC-28 and US 129, there is a large Dragon-themed tourist area,
featuring a Dragon statue, a souvenir shop named “Tail of the Dragon,” and a resort named
“The Dragon, Deal’s Gap Motorcycle Resort.”
29.This Dragon-themed tourist area presents unmistakable notice to motorists that they are
approaching the Dragon. It is also a clear opportunity for prohibited trucks to turn around.
30.Defendant Capucci drove right past the large Dragon-themed tourist area and merged onto
US 129 northbound, in violation of NC Ordinance #1065132.
31.En route to the Dragon, Defendant Capucci repeatedly passed conspicuous signs providing
unequivocal warnings that tractor-trailers were not permitted on the road ahead.
32.Defendant Capucci crossed the Tennessee border as he continued on US 129 in violation
of Tennessee law. He continued driving onto the Dragon.
33.As Defendant Capucci drove his tractor-trailer on the Dragon, he was aware that he
presented a clear danger to other motorists.
34.Nevertheless, Defendant Capucci made no effort to stop, turn around, radio for help, or
otherwise mitigate the manifest risk of driving his tractor-trailer on the Dragon.

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35. Defendant Capucci passed at least three warning signs advising him that his tractor-trailer
was not allowed on this section of the highway. He continued forward nevertheless.
36. Defendant Capucci also passed at least three areas to easily turn around. He continued
forward nevertheless.
37. Many other motorists also took notice of, and were alarmed by, the obvious danger of
Defendant Capucci’s decision to drive the Defendants tractor-trailer on the Dragon.
38. At least two other motorists tried to prevent Defendant Capucci from injuring unsuspecting
oncoming motorists.
39. Raymond Dale McGuffin and his wife, were driving immediately behind Defendant
Capucci on NC-28 and US 129.
40. They witnessed the Defendants’ tractor-trailer cross over the center line to occupy the
oncoming lane several times.
41. Alarmed by Defendant Capucci’s unlawful conduct and the obvious danger of the situation
to unsuspecting oncoming motorists, the McGuffins repeatedly tried to call 911. They were
unable to get through because they had no cell phone reception.
42. Another motorist, Daryl Canon, was on his way to work, when he observed Defendant
Capucci driving his tractor-trailer onto the Dragon.
43. Also alarmed by the obvious danger presented, Mr. Cannon turned around and drove
immediately ahead of the Defendants’ tractor-trailer. Mr. Cannon waved at oncoming
motorists to attempt to warn them of the approaching danger.
DEFENDANTS’ DISREGARD FOR SAFETY CAUSES CRASH
44. The Plaintiff, Joe Weis, is a professional commercial airline pilot. He is also a skilled and
experienced motorcyclist.

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45. On June 14, 2015, Joe Weis was driving his motorcycle southbound (towards the North
Carolina border) on the Dragon.
46. Joe Weis saw multiple signs, warning that trucks were not permitted on the Dragon. He
reasonably assumed that he would not encounter a truck on the Dragon.
47. Joe Weis had no idea that Defendant Capucci was unlawfully, and recklessly, driving a
tractor-trailer northbound on the Dragon.
48. Joe Weis was wearing a helmet, obeying all traffic laws, and exercising appropriate
caution under the known circumstances.
49. As Joe Weis negotiated a sharp curve, he passed Mr. Cannon. His eyes were focused on
the road ahead, so he did not see Mr. Cannon wave to him from his car.
50. After making that turn, Joe Weis found both lanes of the road ahead completely blocked
by Mr. Capucci’s tractor-trailer.
Screenshot of a video taken by Mr. Cannon, immediately after the crash

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Rendering of the scene from the Traffic Crash Report
51. Joe Weis could not stop in time to avoid colliding with the Defendants’ tractor-trailer. He
could not turn away from the tractor-trailer because the tractor-trailer was completely
obstructing both lanes of the road.
52. Upon impact with the trailer, Joe Weis slid under the trailer and crashed into the rear axle.
53. Joe Weis was thrown off his motorcycle, onto the side of the road.
PLAINTIFF’S SUFFERING, INJURIES, AND ECONOMIC DAMAGES
54. Joe Weis suffered severe pain and sustained significant physical injuries from the crash.
55. Joe Weis’s motorcycle was crushed by the impact.
Joe’s motorcycle, post-collision

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56. Paramedics arrived on the scene to attend to Joe Weis. He was then flown by helicopter to
the University of Tennessee Medical Center in critical condition.
57. Joe Weis has incurred significant medical expenses for medical care made necessary by
the collision caused by the Defendants, including emergency medical care, a hospital stay,
continued medical treatment, and physical therapy.
58. Due to injuries Joe Weis suffered in the collision caused by the Defendants, he was unable
to fly for several months. As a result, he lost income and retirement funds he otherwise
would have earned, but for the collision.
59. Due to injuries suffered in the collision caused by the Defendants, Joe Weis was required
to postpone his training and certification to fly 777 airplanes. As a result, he lost income
he otherwise would have earned, but for the collision.
60. Joe Weis continues to experience pain, discomfort, and imperfect mobility in his left arm
and shoulder. He will have to live with permanent injury, deformation, and scarring for the
rest of his life.
THE POLICE’S ON-SITE INVESTIGATION AND OFFICIAL FINDINGS
61. Lieutenant Randy Ailey investigated the collision on behalf of the Blount County Sheriff’s
Department.
62. Lieutenant Ailey recorded his investigation and his findings in the Traffic Crash Report,
master record number 100860941.5
63. Lieutenant Ailey documented the following description of the collision:
Vehicle #1 was traveling North on US 129. Vehicle #2 was traveling South on US
129. Vehicle #1 was a tractor trailer [sic] and could not negotiate the curves of the
roadway to stay on the proper side of the road. As vehicle #1 was negotiating a
curve the truck and trailer had the entire roadway blocked and vehicle #2 was

5
A copy of same is attached as Exhibit 3 to the Complaint.

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unable to stop before sliding under the trailer and impacting the rear axles of the
trailer.
64. Lieutenant Ailey also noted in the Traffic Crash Report that: “[Defendant Capucci]
had passed at least 3 warning signs advising his vehicle was not allowed on this
section of the highway and passed three areas to turn around.”
65. Lieutenant Ailey made the following factual findings in the Traffic Crash Report:
a. Defendant Capucci was driving on the wrong side of the road;
b. Defendant Capucci failed to keep in his proper lane;
c. Defendant Capucci failed to obey traffic controls; and
d. Defendant Capucci failed to observe warnings or instructions.
66. Lieutenant Ailey ticketed Defendant Capucci for criminal violations of Tenn. Code Ann.
§ 55-8-109 (Failure to obey required traffic-control device) and Tenn. Code Ann. § 55-8-
120 (Driving in oncoming lane).
67. Lieutenant Ailey found that Joe Weis complied with all applicable traffic laws, was unable
to stop, and shared no fault for the collision.
68. Federal regulations require commercial motor vehicles to create and retain detailed logs
of their driving activity. The failure to do so is a criminal offense. See 49 C.F.R. 395.8.
69. This log book requirement provides the means for the regular employing motor carrier to
comply with its federal law duty to monitor and confirm its drivers’ compliance with
applicable safety standards.
70. After the collision, the Tennessee Highway Patrol inspected the Defendants’ log books.
Those logs were “not properly completed.”
71. As a result, the Tennessee Highway Patrol grounded Defendant Capucci and his truck for
10 hours at the Harley Davidson store on US 129.

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COUNT I: NEGLIGENCE PER SE
72. Paragraphs ¶¶1-71 are hereby incorporated by reference.
73. The Defendants violated multiple statutes that impose a duty and prohibit acts for the
benefit of the public, and for other motorists, such as the Plaintiff.
74. For each of the statutes and ordinances violated by the Defendants, the Plaintiff was within
the class of persons, whom the state intended to benefit and protect by enacting the
respective law.
75. The Defendants violated North Carolina Ordinances #1061696 and #1065132 by driving
a tractor-trailer onto NC 28, and onto US 129 toward the Tennessee border and the Dragon.
76. The Defendants violated the TDOT ordinance prohibiting tractor-trailers on the Dragon.
77. Tenn. Code Ann. § 55-8-109 requires that a driver of any vehicle obey the instructions of
any official traffic control device or road sign.
78. The Defendants violated Tenn. Code Ann. § 55-8-109 on multiple occasions, by ignoring
“at least 3 warning signs advising his vehicle was not allowed” on US 129.
79. Tenn. Code Ann. § 55-8-120(a)(1) prohibits driving to the left side of the roadway, upon
a curve in the highway, where a driver’s view is obstructed within 300 feet, or such
distance, as to create a hazard, in the event another vehicle might approach from the
opposite direction.
80. Tenn. Code Ann. § 55-8-120(a)(1) prohibits exactly what Defendant did here.
81. The Defendants violated Tenn. Code Ann. § 55-8-120(a)(1) by driving into the both lanes
during a curve, where the oncoming driver’s view was obstructed within 300 feet. The
scenario of harm contemplated by the express text of Tenn. Code Ann. § 55-8-120(a)(1)
occurred in this case to the Plaintiff because of the Defendants’ violation.

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82. Tenn. Code Ann. § 55-8-182(a) provides in part: “All motorcycles are entitled to full use
of a lane and no motor vehicle shall be driven in a manner that deprives any motorcycle of
the full use of a lane” (emphasis added).
83. The Defendants violated Tenn. Code Ann. § 55-8-182(a) by driving their tractor-trailer in
a manner that deprived the Plaintiff of any use of his designated lane (or any other portion
of the road).
84. Defendant Custom Critical Logistics is vicariously liable for the per se negligent driving
of its driver, agent, employee and/or servant, Defendant Capucci.
85. As a direct and proximate result of the Defendants’ per se negligent conduct and their
violations of these laws, the Plaintiff suffered pain, physical injuries, and loss of income.
COUNT II: NEGLIGENCE
87. The Defendants had a duty to other motorists on the road, such as the Plaintiff, to follow
the traffic laws, and to exercise due care to avoid causing injuries to other motorists.
88. Tenn. Code Ann. § 55-8-136 requires every driver of a vehicle to exercise due care and to
operate the vehicle in a manner to avoid endangering life, limb or property and to see and
avoid colliding with any other vehicle, person or object.
89. As a professional, specially-licensed, driver of a commercial vehicle, Defendant Capucci
was obligated to follow traffic rules applicable to truckers and to exercise professional care.
90. The Defendants breached their duty to the Plaintiff by driving a tractor-trailer on the
Dragon, disregarding applicable traffic laws, repeated road signs warnings against doing
so, failing to stop or turn around after that decision was initially made, and driving into the
lane designated for oncoming traffic in a limited visibility area.

13
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91. Defendant Custom Critical Logistics is vicariously liable for the negligent driving of its
driver, agent, employee and/or servant, Defendant Capucci.
92. Defendant Custom Critical Logistics is directly liable for its own failure to ensure that its
driver avoided driving on prohibited roads, failure to require its drivers to use a
navigational program, or map, directing against using prohibited routes, failure to plan,
review, and monitor its trucks’ scheduled routes, failure to monitor its trucks’ movement
using GPS technology, failure to warn Defendant Capucci to avoid the Dragon, and failure
to train its drivers to appropriately respond to encountering a road, such as the Dragon, and
its negligence, and/or recklessness, in hiring, retaining, supervising, and/or training Mr.
Capucci.
93. As a direct and proximate result of the Defendants’ negligent conduct, the Plaintiff
suffered pain, physical injuries, and loss of income.
COUNT III: RECKLESSNESS AND PUNITIVE DAMAGES
95. Defendant Capucci’s decision to drive the Defendants’ tractor-trailer on the Dragon
constituted a substantial, unjustifiable risk of such a nature that its disregard constituted a
gross deviation from the standard of care applicable to Defendant Capucci.
96. Defendant Capucci was aware, and/or became aware, of this substantial and unjustifiable
risk, but he continued to drive forward, consciously disregarding it.
97. Defendant Capucci was repeatedly warned by conspicuous, unambiguous traffic signs that
he was not to drive on NC-28 or US 129 toward the Dragon, or onto the Dragon. He
consciously disregarded each of these warnings and did so anyway.

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98. After receiving repeated warnings of the prohibition of driving his tractor-trailer on the
Dragon, and aware of the substantial and unjustifiable risk to others of his doing so,
Defendant Capucci passed at least 3 opportunities to turn around.
99. Defendant Capucci’s decision to drive his tractor-trailer onto the Dragon, and his
subsequent failure to stop, turn around, or do anything else to abate the substantial and
unjustifiable risk of his conduct to others, was reckless.
100. Defendant Custom Critical Logistics is vicariously liable for punitive damages
because its recklessness in hiring, retaining, supervising, and/or training Mr. Capucci
caused the Plaintiff to suffer injury and damages.
101. The Plaintiff is entitled to an award of punitive damages for the reckless conduct of
the Defendants that caused him to suffer injury and damages.
RELIEF REQUESTED
WHEREFORE, the Plaintiff demands the following:
102. That proper process be issued and served upon the Defendants and the Defendants
be required to appear and answer this Complaint within the time required by law.
103. That the Plaintiff be awarded $1,500,000 in compensatory damages for pain,
injuries, disfigurement, loss of enjoyment of life, lost income, property damage, and
medical expenses.
104. That the Plaintiff be awarded $3,000,000 punitive damages for his injuries and
damages caused by the Defendants’ reckless conduct.
105. That the Plaintiff be awarded any such further and other general relief to which he
may be entitled.
106. That a jury be impaneled to try this cause.

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Respectfully submitted,
Brian Cummings, #19354
Brian Manookian, #26455
Cummings Manookian PLC
45 Music Square West
Nashville, Tennessee 37203
(T) 615-266-3333
(F) 615-266-0250
bcummings@cummingsmanookian.com
bmanookian@cummingsmanookian.com
www.cmtrialattorneys.com
Attorneys for the Plaintiffs

Weis v. Capucci and Custom Critical Logistics - Truck/Motorcycle Collision

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