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COMPLAINT
COME NOW Plaintiffs, Will Hunt and Logan Hunt, as parents, next of kin, and next friends
of Warren Anderson Hunt, a deceased minor, by and through counsel, and for their complaint against
Defendant Child Development Schools, Inc. d/b/a Childcare Network, allege as follows:
INTRODUCTION
Schools, Inc. d/b/a Childcare Network, for the wrongful death of Warren Anderson Hunt, deceased,
PARTIES
2. Plaintiffs, Will Hunt and Logan Hunt, and the decedent, Warren Anderson Hunt, were
at all times herein citizens of the State of Tennessee with their residence located at 4924 Marylin
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3. Defendant, Child Development Schools, Inc. d/b/a Childcare Network, is a Georgia
corporation with its principal place of business located at 6053 Veterans Parkway, Building 300,
4. This Court has subject matter jurisdiction over this matter pursuant to 28 U.S.C. §
1332(a) because this is a civil action between citizens of different states and the amount in
controversy exceeds the sum or value of $75,000.00, exclusive of interest and costs.
5. There is complete diversity between the parties because, for the purpose of
determining diversity of citizenship, Plaintiffs are citizens of the State of Tennessee and Defendant is
part of the offense or omissions giving rise to this claim occurred in this judicial district.
7. Defendant operates approximately 150 child care centers located throughout the
8. One of the child care centers owned and operated by Defendant is located at 4108
Bennett Road, East Ridge, Tennessee 37412, and operates under the name “Childcare Network.”
9. The East Ridge, Tennessee Childcare Network facility is a licensed facility operating
subject to the Licensure Rules for Childcare Centers administered by the Tennessee Department of
Human Services.
10. Will and Logan Hunt are the parents of Warren Anderson Hunt, who was born on
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11. On or about September 5, 2017, Warren Hunt was placed in the care of Defendant
12. Defendant had the duty, among others, to provide staff and employees adequately
trained and qualified to observe and care for minor children and to take appropriate steps if a child
13. On November 9, 2017, Warren Hunt was placed in the care of Defendant for the day.
14. Defendant was under a duty to provide Warren Hunt with competent care at all times.
15. At some point on the afternoon of November 9, 2017, Warren Hunt was placed on a
16. After having been placed on the floor as described above, one or more caregivers then
17. Due to the recognized dangers of leaving an infant unsupervised while lying on
his/her stomach, recognized childcare standards provide that a child, at minimum, must not be left to
nap on his/her stomach and/or must be closely supervised at all times while lying on the stomach.
18. Nevertheless, on November 9, 2017, one or more both caregivers turned their
attention to other tasks, leaving Warren Hunt unsupervised while lying on his stomach.
19. When one or more of the caregivers subsequently checked on Warren Hunt, he was
found unresponsive.
20. Tennessee Licensure Rules for Child Care Centers require that caregivers be provided
with additional and ongoing training on a number of topics, including cardiopulmonary resuscitation
(CPR).
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21. Defendant, however, failed to provide adequate CPR training to the staff members
22. Upon discovering Warren Hunt unresponsive, one or more caregivers in Warren
Hunt’s room called out in alarm, picked up Warren Hunt, and, lacking the ability to perform CPR on
an infant, began to run out of the room with Warren Hunt, which caused the Executive Director of
23. The Executive Director then belatedly performed CPR on the unresponsive child on a
changing table.
24. The above-referenced lack of training and/or failure to commence performing CPR on
Warren Hunt immediately upon discovering him unresponsive caused an unnecessary delay in the
Chattanooga, Tennessee, where he died approximately a month later, on or about December 10,
2017.
26. The cause of Warren Hunt’s death was identified by the Hamilton County Coroner as
27. Relative to the events of November 9, 2017, involving Warren Hunt, The Tennessee
Department of Human Services, Adult and Family Services Division, found that Defendant had
committed four violations of the Tennessee Licensure Rules for Child Care Centers involving
inadequate supervision of a napping child, the failure to properly train staff, and the failure to
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28. Defendant’s negligent, reckless, and/or intentional conduct constituted a breach of the
29. Defendant’s negligent, reckless, and/or intentional actions and/or omissions were the
30. As a direct and proximate result of the negligence, reckless, and/or intentional acts or
omissions of Defendant, Warren Hunt suffered injury, including, but not limited to, his death.
31. As a further direct and proximate result of the breaches of the duty owed by
Defendant, Will Hunt and Logan Hunt were caused to lose the consortium, society, and services of
32. As a further direct and proximate result of the breaches of the duty owed by
Defendant, Will Hunt and Logan Hunt incurred medical, funeral, and other final expenses.
33. The Tennessee Constitution in Article 1, § 6, entitled “Trial by jury; jurors,” states
that “the right of trial by jury shall remain inviolate, and no religious or political test shall ever be
required as a qualification for jurors.” The Tennessee General Assembly, however, has violated this
right to a jury trial by arbitrarily determining in T.C.A. § 29-39-102 that Plaintiffs’ pain and
suffering, or “non-economic damages.” shall not exceed $750,000 per plaintiff. Plaintiffs contend
such an artificial limitation on their pain and suffering damages is arbitrary, not based on quantifiable
or objective factors, and is an unconstitutional interference with Plaintiffs’ right to have a jury
34. Plaintiffs show that there is a conflict between their Tennessee constitutional right to
an inviolate trial by jury and the Tennessee General Assembly’s unconstitutional and arbitrary
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limitation of the jury’s right to determine noneconomic damages, and that it is necessary for this
Court to determine the respective rights of the parties pursuant to T.C.A. §§ 29-14-101, et seq.
A. That proper process be issued and served upon Defendant and that Defendant be
required to answer this Complaint within the time period provided by law;
B. That, in accordance with the Federal Rules of Civil Procedure, Plaintiffs be granted a
C. That this Court enter an order awarding Plaintiffs judgment against Defendant for
D. That this Court enter an order granting Plaintiffs a judgment against Defendant for
compensatory damages including, but not limited to, damages for wrongful death in the amount of Five
E. That this Court enter an order granting Plaintiffs pre- and post-judgment interest, along
with the attorney fees and costs, including, but not limited to, discretionary and non-discretionary costs,
F. For such other, further, special, extraordinary, and general relief to which Plaintiffs are
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Respectfully submitted,
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5[1[]U¹ Case 1:18-cv-00025-RLJ-CHS
^_Z2Y ^UDocument
UT·]Y]SU 1-1 Filed 02/05/18
02V[ Page 1 of_^8
1 02V[
PageID #: 8
AO 440 (Rev. 06/12) Summons in a Civil Action
To: (Defendant’s name and address) CHILD DEVELOPMENT SCHOOLS d/b/a CHILDCARE NETWORK
6053 Veterans Parkway, Building 300
Columbus, Georgia 31909
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: Maury Nicely
Christopher T. Varner
EVANS HARRISON HACKETT PLLC
835 Georgia Avenue, Suite 800
Chattanooga, Tennessee 37402
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
u I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
u Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
Date:
Server’s signature
Server’s address