IN THE CIRCUIT COURT OF HAMILTON COUNTY, TENNESSEE GEORGE W. WALLS, JR., TRUSTEE f/blo GEORGE W. WALLS, JR. TRUST. Plaintiff, 4C SONS, LLC d/b/a CHEEBURGER ) ) ) ) ) vs. ) DIV CHEEBURGER ) ) ) Defendant. COMPLAINT COMES NOW, Plaintiff, George W. Walls, Jr., Trustee f/b/o George W. Walls, Jr. Trust, by and through counsel, and files this Complaint against Defendant, 4C Sons, LLC d/b/a Cheeburger Cheeburger, for damages arising from his actions, as explained herein. In support, Plaintiff states as follows: PARTIES 1 Plaintiff resides at, and/or operates out of, 7 Pelican Lane, Flagler Beach, Florida, 32136. 2. Defendant, 4C Sons, LLC d/b/a Cheeburger Cheeburger has its principal place of business located at 138 Market Street, Suite 102, Chattanooga, Tennessee, 37402, Hamilton County, and can be served via their registered agent, Charles D. Eich, at the same address. JURISDICTION AND VENUE 3. This Court has jurisdiction pursuant to Tenn, Code Ann. § 16-10-101 et seq. 4, Venue is proper pursuant to Tenn. Code Ann. § 20-4-101 et seq.GENER, ALLEGATIONS AND FACTS 5. Plaintiff owns the building located at 128 Market Street, Chattanooga, Tennessee, 37402. 6. Bigger, Better, LLC entered into a lease with Plaintiff for use of Unit A on November 12, 1997 (hereinafter referred to as the “Leased Premises’ 7. The lease ran from April 1, 1998 to April 1, 2003, and was available for renewal in three-five (3-5) year increments, upon written notice (hereinafter “Lease Agreement”) 8. Defendant is a successor lessee under the Lease Agreement, formerly doing business under the name Bigger, Better Il, LLC. 9, Defendant elected to extend this lease time and again, most notably on September 28, 2012, when the Defendant, by written notice, exercised their right to renew the lease term to run from April 1, 2013 to April 1, 2018. 10, Accordingly, the parties were bound by the Lease Agreement at all times relevant to the actions described herein. 11, Plaintiff provided Defendant with 30 days notice, on March 10, 2017, to repair a broken plate glass at the front of the business, as well as the crumbling front exterior wall, which Defendant was bound under the Lease Agreement to cure. 12, To wit, the Section 5 of the Lease Agreement provides, in pertinent part: LESSEE SHALL BE RESPONSIBLE FOR MAINTAINING IN GOOD ORDER THE ROOF, EXTERIOR WALLS, ABUTTING SIDEWALKS, AND HEATING, WATER, SEWER, ELECTRICAL, AND FIXTURES PERTAINING TO SUCH SYSTEMS. 13, The plain language of the Lease Agreement, by no uncertain terms, puts the responsibility to maintain the roof, exterior walls, and abutting sidewalks on the Lessee—in this case, Defendant.14, At least as early as March 10, 2017, Defendant was on notice that defects existed in the front exterior wall that were in need of repair, pursuant to the 30 day notice it received from Plaintiff. 15. Defendant also received a Correction Notice from the City of Chattanooga on March 14, 2017, 16. Rather, instead of repair the front exterior wall, Defendant, elected to assert that Plaintiff was responsible for the repairs, as evidenced in its March 21, 2017 letter to Plaintiff, in direct contravention to the plain terms of the Lease Agreement. 17. Defendant negligently, recklessly, and/or with wanton disregard, elected to not, repair the front exterior wall of the Leased Premises. 18. On March 29, 2017, the entirety of the front exterior wall fell and/or collapsed, exposing the entire interior of the building. 19, The Chattanooga Fire Department responded to the scene and was forced to demolish other portions of the building for public safety purposes, pursuant to an Order From the Fire Marshall and the Building Official of the City of Chattanooga invoking Chattanooga City Code § 17-25. 20. Asa result of Defendant's actions Plaintiff has suffered real and quantifiable 21. Defendant’s election to not remedy the issues with the front exterior wall Jed to damages, attorney's constituted a breach of the Lease Agreement for which Plaintiff is e {fees resulting from bringing this litigation, and/or indemnification from any and all costs, fees, and/or lawsuits which may arise as a result of said breach,COUNT I- NEGLIGENCE 22. Paragraphs 1 through 21 are incorporated by reference as if fully restated herein, 23, Defendant owed a duty to Plaintiff to maintain the exterior wall of the property, including causing any and all repairs to be done. 24. Defendant breached this duty when he failed to make the necessary repairs to the front exterior wall, even after Plaintiff put him on notice that such repairs were necessary. 25. It was foreseeable that if Defendant failed to make the necessary repairs to the front exterior wall that harm would come to the building and/or Plaintiff. 26. Said failure to make necessary repairs resulted in the front exterior wall separating from the building in its entirety. 27. Defendant’s failure to make the necessary repairs to the front exterior wall was the but for and proximate cause of the collapse and any and all damages stemming therefrom. 28. Asa result of Defendant's failure to make said repairs, Plaintiff has suffered real and quantifiable damages, as further elaborated below. COUNT Il — RECKLESSNESS 29. Paragraphs 1 through 28 are incorporated by reference as if fully restated herein, 30. Defendant owed a duty of care to Plaintiff to maintain the exterior wall of the property, including causing any and all repairs to be done. 31. Defendant knew or should have known that, as a result of its failure to make the necessary repairs to the front exterior wall, harm would come to the building and/or Plaintiff. 32. Defendant recklessly, and with wanton disregard for Plaintiff or the safety of the public, breached this duty when it refused to make the necessary repairs to the front exterior wall, even after Plaintiff put it on notice that such repairs were necessary.33. Said failure to make necessary repairs resulted in the front exterior wall separating from the building in its entirety. 34. Defendant’s failure to make the necessary repairs to the front exterior wall was the but for and proximate cause of the collapse and any and all damages stemming therefrom, 35. Asa result of Defendant's failure to make said repairs, Plaintiff has suffered real and quantifiable damages, as further elaborated below. COUNT III — BREACH OF CONTRACT 36. Paragraphs 1 through 35 are incorporated by reference as if fully restated herein. 37. Defendant owed a duty under the Lease Agreement, as described above, to maintain and repair any and all damages to the exterior walls of the Leased Premises, 38. Plaintiff provided notice on March 10, 2017, that Defendant had 30 days to comply with Section 5 of the Lease Agreement and cure the defects to the exterior wall and broken plate glass. 39. However, Defendant failed to make said repairs. 40. Instead, Defendant notified Plaintiff on March 21, 2017, via counsel, that it believed that Plaintiff was responsible for the repairs, even though its position was in direct contravention to the terms of the Lease Agreement. 41. Defendant’s failure to cure said defects constituted a breach of the Lease Agreement. 42. Plaintiff suffered damages as a result of said breach, as described herein. 43. This Defendant’s election to not remedy the issues with the front exterior wall constituted a breach of the Lease Agreement for which Plaintiff is entitled to damages, attorney’sfees resulting from bringing this litigation, and/or indemnification from any and all costs, fees, and/or lawsuits which may arise as a result of said breach. DAMAGES 44, Paragraphs 1 through 43 are incorporated by reference as if fully restated herein. 45. Asa direct and proximate result of Defendants actions, as described above and incorporated herein by reference, Plaintiff suffered harm, including, but not limited to, the following injuries and damages: a. Lost profits; . _ Remediation expenses; c. Property Damage; 4. Diminution of value; and fe. Expenses associated with rebuild and/or further demolition. 46. Inaddition to actual damages, Plaintiff seeks punitive damages against Defendant because Defendant's acts and/or omissions proximately caused the damage to the Leased Premises constitute recklessness and/or wanton disregard. Defendants’ conduct constitutes reckless, wanton disregard, and/or omissions, and, when viewed objectively at the time of the occurrence, involved an extreme degree of risk, considering the probability and magnitude of the potential harm to others. Despite its actual, subjective awareness of the risk involved, it proceeded with conscious indifference to the rights, safety, and welfare of others. Accordingly, Plaintiff seeks punitive damages under Tennessee law. 47. Asadirect and proximate result of the recklessness and wanton disregard of Defendant, Plaintiff is entitled to punitive damages in accordance with Tennessee law.48. To the extent they are recoverable, Plaintiff is entitled to any and all attorney’s fees associated with bringing this cause of action, 49. Pursuant to the Lease Agreement, in the event that any third party claims damages as a result of the incident alleged herein, Defendant is obligated to indemnify and hold harmless Plaintiff as against any and all damage to persons or property while on the Leased Premises, and to indemnify and hold harmless Plaintiff for any and all other such matters as required or implied by law. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays that this Complaint be served on Defendant and demand judgment against this Defendant for an award damages in the amount of One Million Dollars ($1,000,000.00), plus any and all other relief as this Court deems appropriate. Respectfully submitted, LUTHER-ANDERSON PLLP or. te DANIEL J. ER Tenn. BPR Nd. 15642 CHARLES W. GILBREATH II Tenn, BPR No, 033644 Attorneys for Plaintiff P.O. Box 151 Chattanooga, TN 37401-0151 (423) 756-5034IN THE CIRCUIT COURT OF HAMILTON COUNTY, TENNESSEE GEORGE W. WALLS, JR., TRUSTEE) f/blo GEORGE W. WALLS, Jr. TRUST ) ) Plaintiff, ) pocket os _/7C4/7 ) vs. ) DIV ) 4C SONS, LLC d/b/a CHEEBURGER ——) CHEEBURGER ) JURY DEMANDED ) o Defendant. ) COST BOND 2, ‘The undersigned, Luther-Anderson, PLLP, acknowledges and hereby binds the undersigned for the payment of all costs in this court which may at any time be adjudged against Plaintiff (hereinafter “Principal”) in the event said Principal shall not pay the same if so ordered by this Court, Luther-Anderson, PLLP DANIEL J. RIPPER, #15642 CHARLES W.4ILBREATH, I #33644