CJ-2026-00112 - SAV Express, Inc. v. Schellenburg Enterprises, Inc. d/b/a Diamond S. Trucking

What's This Case About?

Let’s be real: this is not a murder mystery, there’s no missing body, no secret affair, no twist ending involving a long-lost twin. But what we do have? A truck limping down the Turner Turnpike at less than 10 miles per hour like it’s auditioning for a post-apocalyptic zombie movie—while the driver, allegedly aware his rig is falling apart, decides, “Nah, I’ll just keep going.” And then—bam—a collision so catastrophic it racks up $143,408.90 in damages, triggers a federal court case, multiple legal claims, and enough legal jargon to make your head spin faster than a semi-truck tire on black ice. Welcome to the wild world of commercial trucking, where negligence isn’t just a slap on the wrist—it’s a six-figure lawsuit.

So who are these people? On one side: SAV Express, Inc., a trucking company that just wanted its driver, William Edward Templeman, to deliver his load and go home in one piece. On the other: Schellenburg Enterprises, Inc., doing business as Diamond S. Trucking—a company name that sounds like a rejected country band, but in reality, is allegedly the employer of Donald Love Allen, Jr., the man behind the wheel of a malfunctioning semi-tractor trailer that should’ve been in the shop, not on the highway. And then there’s Great West Casualty Company, the insurance giant that stepped in like a financial superhero when Templeman got hurt, paying out over $68,000 in workers’ comp. Now, they all want someone to pay—preferably Diamond S. Trucking.

Here’s how this slow-motion disaster unfolded. On August 17, 2019, Donald Love Allen, Jr. was barreling—or, more accurately, crawling—eastbound on the Turner Turnpike near Kellyville, Oklahoma, behind the wheel of a Diamond S. Truck rig. According to the filing, things started going sideways when Allen’s truck began experiencing “mechanical issues.” Now, any reasonable person with a malfunctioning 80,000-pound vehicle might think: Hey, maybe I should pull over and call for help. And Allen did pull over—once, on the shoulder, about 1.3 miles before the crash. But instead of waiting for a tow, he decided to “limp” the truck to the next exit. Over the next stretch of highway, he stopped at least three more times, presumably to let the engine catch its breath like an asthmatic marathon runner. All while driving in the right lane at less than 10 mph. That’s slower than most people bike.

Meanwhile, William Templeman, a driver for SAV Express, was minding his own business, hauling cargo in the same direction. The filing says that, upon information and belief, Templeman suffered a medical emergency—possibly lost consciousness—and veered off course, striking Allen’s barely-moving truck from behind. The impact was brutal. Templeman had to be extricated from his cab and rushed to the hospital. His truck? Wrecked. The cargo? Damaged. The cleanup? Costly. And the total tab for SAV? Over $75,000 in property damage, downtime, towing, storage—you name it.

Now, you might be thinking: Wait, wasn’t Templeman the one who crashed? Why is Allen’s company getting sued? Ah, dear reader, welcome to the beautiful, convoluted world of civil liability. The plaintiffs aren’t saying Allen caused the crash directly. They’re saying he created a dangerous situation by driving an unsafe vehicle at a dangerously low speed on a high-speed interstate. And they’ve got four legal claims to prove it.

First up: Negligence. SAV and Great West argue that Allen failed to operate his truck safely—didn’t keep a proper lookout, didn’t pull over completely, didn’t act prudently. Classic “you’re supposed to drive like a human, not a speed bump” stuff. Second: Negligent Maintenance. This one’s juicy. Federal regulations (yes, there are federal rules about how well you maintain your semi) require that trucks be in safe operating condition. The plaintiffs allege Diamond S. Trucking—or Allen—failed to maintain the rig so it could even meet minimum highway speeds. So not only was the truck broken, but someone let it on the road anyway. Third: Negligent Entrustment. Fancy term, simple idea: if you give a dangerous vehicle to a driver you know is reckless or unqualified, you’re on the hook. The filing claims Diamond S. Trucking either knew or should’ve known Allen wasn’t fit to operate a commercial vehicle—though it doesn’t say why he might’ve been unqualified. (We’re left to imagine a DMV record full of “excessive honking” and “emotional driving.”) Fourth: Negligence Per Se, which means Allen allegedly broke a specific traffic law—47 O.S. §11-801, Oklahoma’s “driving without due care and attention” statute—and that violation automatically counts as negligence in court. So if the law says “don’t drive like a human roadblock,” and you do it anyway, boom—legal liability.

Now, what do they want? SAV is asking for over $75,000 in property damages and related costs. Great West wants reimbursement for the $68,408.45 it paid in workers’ comp to Templeman. That’s a lot of money—especially when you consider we’re talking about a single crash on a stretch of Oklahoma highway that didn’t involve fatalities or multiple vehicles. But in trucking, “a lot” is relative. A single commercial truck can cost over $150,000. Downtime means lost revenue—drivers aren’t getting paid, companies aren’t delivering goods. And workers’ comp payouts? They add up fast when a driver suffers serious injuries. So while $143k might sound insane for a fender-bender, in this world, it’s just another Tuesday.

And here’s our take: the most absurd part isn’t the lawsuit. It’s the sheer audacity of deciding to drive a broken-down semi at 10 mph down a high-speed turnpike. This isn’t like pushing a car with a dead battery down a neighborhood street. We’re talking about a multi-ton vehicle moving slower than traffic, creating a deadly obstacle in the right lane—the very lane other trucks use to merge, exit, or pass. It’s like setting up a folding chair in the middle of a racetrack and saying, “I’ll just scoot along.” And the fact that Allen stopped multiple times but kept going? That’s not “limping to safety.” That’s a rolling hazard. Was Templeman impaired? Possibly. Did he veer into Allen? Yes. But if you’re a trucker and your rig can’t maintain highway speeds, the responsible move is to stop. Call for help. Wait. Don’t turn yourself into a human (well, vehicle) speed bump.

We’re not saying Allen caused the crash—again, Templeman may have had a medical episode. But the plaintiffs have a strong argument that Allen and his company created the conditions for disaster. And while we don’t root for lawsuits, we do root for common sense. And common sense says: if your truck can’t go faster than a golf cart, pull over and stay there. The highway isn’t a DIY repair zone.

So while this case may not have blood, it’s got drama, dollar signs, and a lesson every trucker should know: when your rig starts acting like a senior citizen on a mobility scooter, it’s time to stop. Because in trucking, slow isn’t safe. Slow, on a fast road, is a time bomb. And this one exploded—to the tune of over $140,000.

Case Overview

Jury Trial Petition

Jurisdiction

District Court, Oklahoma

Filing Attorney

Daniel K. Jones

Miller Johnson Jones

Relief Sought

$84,308 Monetary

Plaintiffs

SAV Express, Inc. business
Rep: Miller Johnson Jones
Great West Casualty Company business
Rep: Miller Johnson Jones

Defendants

Schellenburg Enterprises, Inc. d/b/a Diamond S. Trucking business

Claims

#	Cause of Action	Description
1	Negligence of Donald Love Allen, Jr.	SAV Express, Inc. and Great West Casualty Company allege that Donald Love Allen, Jr. was negligent and that his employer, Schellenburg Enterprises, Inc. d/b/a Diamond S. Trucking, is vicariously liable for his actions.
2	Negligent Maintenance	SAV Express, Inc. and Great West Casualty Company allege that Schellenburg Enterprises, Inc. d/b/a Diamond S. Trucking and/or Donald Love Allen, Jr. were negligent in maintaining the semi-tractor trailer.
3	Negligent Entrustment of Diamond S. Trucking	SAV Express, Inc. and Great West Casualty Company allege that Schellenburg Enterprises, Inc. d/b/a Diamond S. Trucking was negligent in entrusting the semi-tractor trailer to Donald Love Allen, Jr.
4	Negligence per se of Donald Love Allen, Jr.	SAV Express, Inc. and Great West Casualty Company allege that Donald Love Allen, Jr. was negligent per se for violating 47 O.S. §11-801.

Petition Text

1,420 words

IN THE DISTRICT COURT OF CREEK COUNTY STATE OF OKLAHOMA SAV EXPRESS, INC. and GREAT WEST CASUALTY COMPANY, Plaintiffs, v. SCHELLENBURG ENTERPRISES, INC., d/b/a DIAMOND S. TRUCKING, Defendant, PETITION COME NOW Plaintiffs SAV Express, Inc. and Great West Casualty Company, by and through their undersigned counsel of record, and file this Petition pursuant to 12 O.S. §100. Plaintiffs allege and state as follows: Procedural Background 1. This lawsuit initially stems from a case filed in the District Court of Creek County, State of Oklahoma on October 26, 2020, Case Number CJ-2020-255, and assigned to Judge Lawrence Parish. 2. That lawsuit was removed to the United States District Court for the Northern District of Oklahoma on December 29, 2020. 3. On February 9, 2021, Defendant SAV Express, Inc. (hereinafter “SAV”) filed its Motion for Leave to Assert a Counterclaim. On the same date, Great West Casualty Company (hereinafter “GWCC”) filed a Motion to Intervene. 4. On April 5, 2021, the Court granted SAV’s Motion for Leave to Assert a Counterclaim. SAV filed its counterclaim on April 6, 2021. 5. On April 7, 2021, the Court granted GWCC’s Motion to Intervene. GWCC filed its Complaint in Intervention on April 8, 2021. 6. Following extensive litigation, a number of parties settled out of the lawsuit, and the only claims remaining in active litigation were SAV Express, Inc.’s Counterclaim and Great West Casualty Company’s Complaint in Intervention against Defendant Schellenburg Enterprises, Inc. d/b/a Diamond S. Trucking. SAV and GWCC dismissed the counterclaim and Petition in Intervention without prejudice on April 2, 2025. Jurisdiction & Venue 7. The Court has jurisdiction over the subject matter in this case and the parties hereto. 8. The venue is proper in this Court pursuant to 12 O.S. §133. Factual Allegations 9. On August 17, 2019, Donald Love Allen, Jr. was operating a semi-tractor trailer owned and/or operated by Diamond S. Trucking, on eastbound Turner Turnpike near Kellyville, Oklahoma. Allen began experiencing mechanical issues with his vehicle causing him to significantly reduce his speed. 10. Allen pulled over on the shoulder of the Turner Turnpike approximately 1.3 miles from the collision site. Allen waited on the shoulder and then began driving at an extremely low speed. Allen stopped at least three more times (presumably on the shoulder of the Turnpike) prior to the collision with William Edward Templeman. 11. The semi-tractor trailer operated by Allen was moving at a low speed at the time of the collision. 12. Although there was significant space and opportunity to safely park his vehicle away from the Turnpike and call for emergency assistance, Allen and Diamond S. Trucking negligently and recklessly made the decision for Allen to limp his vehicle to the next exit. 13. William Templeman was driving a semi-tractor trailer owned and operated by SAV eastbound on Turner Turnpike, in the course and scope of his employment with SAV, when he encountered Allen driving less than 10 miles per hour in the right lane. 14. Upon information and belief, William Templeman suffered a medical emergency, lost consciousness, and departed his lane to the right, striking Allen from the rear. 15. The collision caused significant damage to SAV’s semi-tractor, trailer, and cargo. Templeman suffered serious injuries in the collision and had to be extricated from the vehicle and transported via ambulance for emergency treatment. 16. At the time of the collision, Templeman was acting in the course and scope of his employment with SAV. 17. GWCC provided workers’ compensation insurance to Templeman as an employee/agent of SAV. 18. As a result of the injuries Templeman sustained in the collision, GWCC has paid in excess of $68,408.45 in workers' compensation benefits. 19. SAV sustained significant property damages, loss of use expenses, downtime, and incidental damages including towing, clean-up, and storage fees, totaling in excess of $75,000.00. First Cause of Action (Negligence of Allen) 20. The collision and the resulting damages were directly and proximately caused by one or more negligent acts and/or omissions of Allen, including, but not limited to: a. Failing to devote full time and attention to operating a motor vehicle; b. Failing to keep a proper look-out for the safety of others; c. Failing to operate a motor vehicle in a careful and prudent manner under the circumstances; d. Operating a motor vehicle in a careless and wanton manner without regard for the rights and safety of persons and property in violation of 47 O.S. §§11-801 and 11-901. e. Knowingly operating an unsafe vehicle on the Interstate in violation of Oklahoma Statutes and Federal Regulations. 21. As a result of Allen's negligence, SAV sustained significant property damages, loss of use expenses, downtime, as well as other incidental damages, including towing, clean-up, and storage fees, and GWCC paid insurance benefits to Templeman, all totaling in excess of $75,000.00. 22. At the time of the collision, Allen was acting in the course and scope of his employment/agency with Diamond S. Trucking, therefore, Diamond S. Trucking is vicariously liable for Allen's negligence and SAV's and GWCC's damages. Second Cause of Action (Negligent Maintenance) 23. Under 49 C.F.R. §§396.3, 396.7, and 396.13, Diamond S. Trucking and/or Allen had a duty to maintain the semi-tractor trailer Allen was operating at the time of the incident in a condition safe for the motoring public, including ensuring that the semi-tractor trailer was capable of maintaining the minimum speed required for safe travel on Turner Turnpike and mandated by Oklahoma State law. 24. Diamond S. Trucking and/or Allen negligently breached this duty by failing to properly maintain the semi-tractor in accordance with 49 C.F.R. §§396.3, 396.7, and 396.13. 25. Based on information and belief, Allen operated a semi-tractor trailer on Turner Turnpike with the knowledge and consent of Diamond S. Trucking without it being properly maintained to ensure that it could be operated at a minimum speed required for safe travel on Turner Turnpike, and these maintenance failures made it reasonably foreseeable that serious bodily injury and/or property damage would result. 26. The subject collision and resulting property damages sustained by SAV and GWCC were directly and proximately caused by the negligent maintenance of the semi-tractor trailer by Diamond S. Trucking and/or Allen. Third Cause of Action (Negligent Entrustment of Diamond S. Trucking) 27. Diamond S. Trucking had a duty to obey 47 O.S. §6-307, which assigns liability to the owner of a motor vehicle who knowingly permits such a motor vehicle to be operated by a person not qualified to safely do so. 28. 47 O.S. §6-307 is intended to protect the motoring public. 29. Diamond S. Trucking violated 47 O.S. §6-307 by failing to exercise ordinary care in selecting Allen to operate a commercial motor vehicle when it knew or should have known that Allen was an incompetent, unqualified, careless, and/or reckless driver. 30. The violation of 47 O.S. §6-307 by Diamond S. Trucking constitutes negligence per se. 31. In addition to its statutory duty, Diamond S. Trucking had a common law duty to use ordinary care to avoid entrusting its vehicle to an incompetent, reckless, careless, and/or unqualified driver. 32. Diamond S. Trucking knew or reasonably should have known that Allen was an incompetent, reckless, careless, and/or unqualified driver. 33. Diamond S. Trucking knew or reasonably should have known that Allen was an incompetent, reckless, careless, and/or unqualified driver. 34. Diamond S. Trucking breached its common law duty when it entrusted its semi-tractor trailer to Allen because it knew or reasonably should have known that Allen would use the vehicle in a manner involving unreasonable risk of property damage and/or bodily harm to others. Fourth Cause of Action (Negligence *per se* of Allen) 35. Allen had a duty to obey 47 O.S. §11-801. 36. The motoring public, including Templeman, are those intended to be protected by 47 O.S. §11-801. 37. Allen failed to observe the precautions imposed by 47 O.S. §11-801. 38. Allen violated 47 O.S. §11-801. 39. Allen’s violation of 47 O.S. §11-801 constitutes negligence *per se* for which Defendants are liable to SAV and GWCC. Request for Relief 40. SAV and GWCC seek judgment against Allen and Diamond S. Trucking for property damage, loss of use, downtime, reimbursement for workers’ compensation benefits paid by GWCC, and all incidental expenses arising therefrom, for attorney’s fees and costs, all interest allowed by law, and or all other relief that this Court deems just and equitable. 41. Plaintiffs SAV and GWCC demand that the above-captioned cause be tried before a jury. 42. Plaintiffs SAV and GWCC reserve the right to amend this Petition as further discovery is conducted in this case. MILLER JOHNSON JONES ANTONISSE & WHITE, PLLC [Signature] Daniel K. Jones, OBA # 16940 Mary Rogers-Hurst, OBA # 33602 Jimmie "Trey" Shelton, OBA #33051 500 N.W. 6th Street, Suite 300 Oklahoma City, Oklahoma 73102 (405) 896-4388-t (405) 609-2995-f [email protected] [email protected] [email protected] Attorneys for Plaintiffs