Case: 25CI1:22-cv-00134-AHW Document #: 7 Filed: 03/14/2022 Page 1 of 10

IN THE CIRCUIT COURT OF THE FIRST JUDICIAL DISTRICT OF HINDS

COUNTY, MISSISSIPPI

CHARLES CONAWAY INDIVIDUALLY AND

ON BEHALF OF WRONGFUL DEATH
BENEFICIARIES OF ALLISON AND ALEX CONAWAY,
AND AS NEXT FRIEND OF CHLOE AND
CHELSEA CONAWAY PLAINTIFFS

VS. CIVIL ACTION NO. 22-CV-00134

BETH ANN WHITE, BILLY MCQUEEN,

BILLY MCQUEEN D/B/A CITY MOTOR
COMPANY LLC., ATLANTIC CASUALTY INSURANCE
COMPANY and JOHN DOES I-V DEFENDANTS

SECOND AMENDED COMPLAINT

(JURY TRIAL DEMANDED)

COMES NOW the Plaintiffs, Charles Conaway Individually and on Behalf of

Wrongful Death Beneficiaries of Allison and Alex Conaway and as Next Friend of Chloe

and Chelsea Conaway, by and through undersigned counsel of record, and file this

Second Amended Complaint and bring this cause of action against the Defendants, Beth

Ann White, Billy McQueen, and Billy McQueen d/b/a City Motor Company LLC. And

John Does I-V and in support hereof, would show unto this honorable Court the

following:

PARTIES

1. This action is brought by Charles Conaway, an adult resident citizen of Hinds

County, Mississippi, residing at 39 Water Oak Cove, Byram, MS 39272, individually and

on behalf of the wrongful death beneficiaries of Allison and Alex Conaway and for and

on behalf of his daughters, Chloe and Chelsea Conaway, minor children who resides with

him.
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2. The Defendant, Beth Ann White, is a resident citizen of Mississippi, and is

currently in the custody of the Hinds County Sheriff Department.

3. The Defendant, Billy McQueen, is an adult resident citizen of Mississippi,

residing at 3281 Oakley Road, Raymond, Mississippi 39154. Defendant McQueen is the

husband of Defendant Beth Ann White.

4. The Defendant City Motor Company of Pearl LLC is a Mississippi corporation

with its principal place of business at 3850 Robinson Road, Jackson, Mississippi owned

and operated by Billy McQueen. Service can be had on its registered agent Christy M.

Little, 100 Springridge Road, Brandon, Mississippi 39042.

5. The Defendant Atlantic Casualty Insurance Company is a corporation with its

principal place of business at 400 Commerce Court, Goldsboro, North Carolina 27534.

Atlantic Casualty Insurance Company has been added pursuant to Rule 57 of the

Mississippi Rules of Civil Procedure as there is a dispute regarding the insurance

coverage it provided to City Motor Company of Pearl LLC. and its inventory at the time

of the incident in question.

6. Defendants John Does I-V are individuals, employees, companies, foundations,

corporations, or other entities whose identities and/or liabilities are not known at this

time, after a diligent search and inquiry for such conduct as alleged; have vicarious or

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successor liability for such conduct; are licenses of alcoholic beverage permits; including

light wine and beer permits; are successors in interest to any responsible entity or person,

including by depletion of or succession of assets of a responsible entity, corporate trust

fund, operation of law, fraud, successor liability, continuance of enterprise, or for any

other reasons found to be applicable. Plaintiffs reserve the right to amend these pleadings

once these defendants’ true indemnities and/or liabilities are discovered.

JURISDICTION AND VENUE

7. This Court has original jurisdiction of his cause pursuant to the provisions of

Miss. Code Ann. §9-7-81, in that the subject matter of this litigation is not made

exclusively cognizable in some other Court by the Constitution and Laws of this State,

and the principal amount in controversy exceeds the sum of Two Hundred Dollars

($200.00).

8. Venue is proper in this Court pursuant to the provisions of Miss. Code Ann. §11-

11-3, as a substantial alleged act or omission occurred and/or a substantial event that

caused the injury occurred in Hinds County. Moreover, at the time of service of the

original Complaint, one or more of the Defendants were resident citizens of Hinds

County, Mississippi.

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FACTS

9. On November 1, 2021, Allison Conaway was driving a 2017 Nissan Maxima in

a careful, prudent, and legal manner, in a northerly direction on Springridge Road in

Raymond, Mississippi. Alex, Chloe and Chelsea Conaway were passengers in the vehicle

with Allison. As the Conaways approached the intersection of Springridge Road,

Defendant Beth Ann White was driving a 2012 Acura, in a westerly direction on

Highway 18. The Acura was owned and/or had a dealer license plate from Defendant

City Motor Company of Pearl. As the Conaways attempted to cross the westbound lanes

of Highway 18, Defendant White ran into the Conaway’s vehicle. As a result, Allison

and Alex Conaway were killed and Chloe and Chelsea Conaway suffered severe and

permanent injuries.

10. Prior to the subject accident, Defendant White had consumed an enormous

amount of alcohol and was well above the legal limits. Defendant White had been seen a

sleep at the wheel just prior to the accident. Moreover, Defendant White has a history of

alcoholism and driving under the influence including several arrests and convictions.

11. As a proximate result of various acts and/or omissions, Defendant Beth Ann

White was guilty of negligence insofar as she:

(a) Failed to keep her vehicle under reasonable and proper control under the

circumstances;

(b) Drove her vehicle at an excessive rate of speed in violation of the law;

(c) Failed to keep and maintain a reasonable and proper lookout;

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(d) Failed to yield the right of way;

(e) Entered an intersection and failed to give audible warning with the horn

when reasonably necessary to insure safe operation in violation of Miss. Code Ann. §63-

7-65.

(f) Drove her vehicle in such a manner as to indicate either a willful or

wanton disregard for the safety of persons or property in violation of Miss. Code Ann.

§63-3-1201;

(g) Driving under the influence of alcohol above the legal limit; and

(h) for other negligent acts, omissions, and neglect of duty to be shown at the

trial of this matter.

12. Defendant Billy McQueen is the husband of Beth Ann White and Billy McQueen

d/b/a City Motor Company of Pearl LLC owned the subject vehicle or provided the

dealer license plate so that Beth Ann White could operate the vehicle. Upon information

and belief, Defendant Billy McQueen knew of Beth Ann White’s history of alcoholism

and driving under the influence and provided her the vehicle despite knowing she was or

would more than not be intoxicated. Said acts were done willfully and with complete

disregard of the rights of the plaintiffs.

CAUSES OF ACTION

COUNT I - NEGLIGENCE

13. Plaintiffs include in this count all the facts set forth hereinabove as if fully typed

in this paragraph.

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14. The actions and omissions of the Defendant Beth Ann White proximately caused

the injuries to Plaintiffs including the death of Allison and Alex Conaway insofar as the

defendant Beth Ann White: (a) Failed to keep her vehicle under reasonable and

proper control under the circumstances; (b) Drove her vehicle at an excessive

rate of speed in violation of the law; (c) Failed to keep and maintain a reasonable

and proper lookout; (d) Failed to yield the right of way; (e) Entered an

intersection and failed to give audible warning with the horn when reasonably necessary

to insure safe operation in violation of Miss. Code Ann. §63-7-65; (f) Drove her

vehicle in such a manner as to indicate either a willful or wanton disregard for the safety

of persons or property in violation of Miss. Code Ann. §63-3-1201;(g) Driving under the

influence of alcohol above the legal limit and (f) engaged in such other acts of negligence

as shall be shown prior to the close of discovery. The defendants are therefore guilty of

negligence.

COUNT II – NEGLIGENCE PER SE

15. Plaintiffs include in this count all the facts set forth hereinabove as if fully typed

in this paragraph.

16. Defendant Beth Ann White actions as set forth herein and above, violated the

traffic laws of this state and as such Defendants are liable for negligence per se.

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COUNT III – NEGLIGENT ENTRUSTMENT

17. Plaintiffs include in this count all the facts set forth hereinabove as if fully typed

in this paragraph.

18. At all times complained of herein, Defendants Billy McQueen and City Motor

Company LLC. maintained the right of control over the vehicle driven by Defendant Beth

Ann White and/or facilitated her driving by providing their dealer license plate and knew

or had reason to know that because of her alcoholism and prior driving under the

influence history, she was likely to use it in a manner involving unreasonable risk of

physical harm to herself and/or others.

19. The defendants Billy McQueen and Billy McQueen d/b/a City Motor Company

LLC proximately caused the injury to the plaintiffs including the death of Allison and

Alex Conaway insofar as he failed to adequately monitor Beth Ann White in the safe

operation of the subject vehicle and/or negligently entrusted her to safely drive said

vehicle on the streets and roads of this State. Defendants Billy McQueen and Billy

McQueen d/b/a City Motor Company LLC are therefore guilty of negligent entrustment.

COUNT IV – GROSS NEGLIGENCE

20. Plaintiffs include in this count all the facts set forth hereinabove as if fully typed

in this paragraph.

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21. Defendant Beth Ann White’s failure to obey the traffic signal, failure to yield the

right of way, failure to stop at the scene of an accident, and failure to provide proper

assistance to plaintiffs constitutes willful, intentional, reckless and/or grossly negligent

conduct such that punitive damages are appropriate in this case.

22. Defendants Billy McQueen and Billy McQueen d/b/a City Motor Company LLC

assisted Beth Ann White in an effort to and thereby committed willful, intentional,

reckless and/or grossly negligent conduct such that punitive damages are appropriate in

this case.

COUNT V – DECLARATORY JUDGMENT

23. At the time of the accident at issue, Atlantic Casualty Insurance Company

(hereinafter “Atlantic Casualty”) provided liability coverage to City Motor Company

LLC. and its inventory.

24. Upon information and belief, the car driven by Beth Ann White during the

commission of the accident at issue was purchased by Billy McQueen on behalf of City

Motor Company LLC for its inventory. To that end, this vehicle is covered by the

liability policy issued by Atlantic Casualty.

25. Atlantic Casualty has indicated there may be coverage issues. Therefore,

pursuant to Rule 57 of the Mississippi Rules of Civil Procedure, Plaintiffs seek a

declaratory judgment construing the contract of insurance to cover the claim.

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DAMAGES AND RELIEF

26. As a proximate consequence and result of the aforesaid negligence and breaches

of duty of care by the Defendants herein, Allison and Alex Conaway were killed and their

wrongful death beneficiaries are entitled to recover all damages under the Mississippi

Wrongful Death Statute. Chloe and Chelsea Conaway have suffered personal injuries

and damages, including, but not limited to, pain and suffering, mental pain and anguish,

permanent injuries and medical expenses thereby entitling Plaintiffs to compensatory

damages and punitive damages in an amount to be determined by a jury and any other

damages to which the trier of fact deems appropriate.

27. Moreover, the Plaintiffs seek a declaratory judgment construing the contract of

insurance to cover the claim issued by Atlantic Casualty to City Motor Company of Pearl

LLC.

28. Plaintiffs demand trial by jury.

WHEREFORE, PREMISES CONSIDERED, Plaintiffs bring this suit and

demand trial by jury, judgment of and from the said defendants, Beth Ann White, Billy

McQueen and Billy McQueen d/b/a City Motor Company LLC of actual damages and

punitive damages in the sum to be determined by a jury and costs incurred in bringing

this action. Plaintiffs demand trial by jury.

This the 14th day of March 2022.

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/s/ Rayford G. Chambers

RAYFORD G. CHAMBERS, MSB# 10503
CHAMBERS & GAYLOR
Post Office Box 12393
Jackson, MS 39236
(601) 914-0248
(601) 914-0255 (fax)
ATTORNEYS FOR THE PLAINTIFFS

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