IN THE CHANCERY COURT OF KNOX COUNTY, TENNESSEE Eric Fitzgerald Plaintiff, vs. Jessica Fitzgerald Defendant. ) ) ) ) ) No.

15-027h ) ) ) ) ) COMPLAINT TO THE HONORABLE CHANCELLORS OR CHANCERY COURT OF KNOX COUNTY, TENNESSEE Eric Fitzgerald (Husband), by and through its undersigned counsel, sues the Defendant, Jessica Fitzgerald (Wife) and for its causes of action states as follows: INTRODUCTION 1. This is an action by Husband to recover all damages caused intentionally and negligently

deriving from Wifes erecting and display of Christmas decorations before Thanksgiving and nearly a full month before celebration of the actual holiday. 2. In the alternative, Husband requests an injunction under the equitable theory of restoring

Husband to status quo ante, estopping Wife from erecting any more Christmas decorations until a more reasonable date and time, preferable no sooner than December 10, 2013. PARTIES, JURISDICTION & VENUE 3. 4. Husband and Wife are both citizens and residents of Knoxville, TN. This court has subject matter jurisdiction over this civil matter pursuant to Tenn. Code

Ann. 16-11-101.

5.

Venue is proper in the Chancery Court of Knox County pursuant to Tenn. Code Ann.

20-4-101. FACTUAL ALLEGATIONS 6. On or about November 25, 2013, Wife began knowingly erecting and displaying

numerous Christmas decorations in the marital home. 7. These decoration were items including but not limited to, Christmas themed trees,

photographs, wreaths, and other various festive, Santa-related or otherwise jolly items. COUNT 1: Intentional Infliction of Emotional Distress 8. Wife intentionally put Christmas items up a full month before the holiday with the

knowledge that is still was warm outside and no time for festive, Christmas cheer. 9. These intentional actions were outrageous and so extreme in degree, as to go beyond all

possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. 10. These intentional actions were the direct and proximate cause of Husbands severe

emotional distress which has manifested itself in numerous ways. 11. Therefore, Husband has been and will be harmed and disadvantaged in such a manner

that he cannot adequately be compensated by money damages alone. 12. Husband will suffer immediate, incalculable, and irreparable injury, loss or damage if

Jessica Fitzgerald is not restrained and enjoined from erecting anymore Christmas items, at least until December 10, 2013. WHEREFORE, Plaintiff prays:

a. Awards for Husbands damages in an amount to be proven at trial, but not less than $1,000 or, in the alternative, for the immediate issuance of a temporary restraining order, restraining Jessica Fitzgerald from erecting anymore Christmas items, until December 10, 2013, pending notice and a hearing; b. For the issuance of process to be served on Jessica Fitzgerald, requiring her to answer in the time and manner required by law; c. For the Taxes, costs of this case, and all attorneys fees to be assessed against the Defendant. d. For such damages and other relief at law as may be shown at trial; e. For such other and further damages and other relief as may be just.

Respectfully submitted,

By:

________________________________ Andrew Ingalls, #013452 1400 Demorb Centre Chattanooga, TN 37450 423-745-2345 (phone) 423-345-3456 (fax) Attorney for Plaintiff