UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TENNESSEE

AT CHATTANOOGA

WILL HUNT and LOGAN HUNT, as )

parents, next of kin, and next friends of )
WARREN ANDERSON HUNT, a )
deceased minor, )
)
Plaintiffs, )
) CASE NO. 1-18-CV-00025
v. )
) JURY DEMAND
CHILD DEVELOPMENT SCHOOLS, )
INC., d/b/a CHILDCARE NETWORK, )
)
Defendant. )

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

1. This is a civil action seeking damages against Defendant, Child Development

Schools, Inc. d/b/a Childcare Network, for the wrongful death of Warren Anderson Hunt, deceased,

brought pursuant to Tenn. Code Ann. § 20-5-106(a) and § 20-5-110(a).

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

Lane, Chattanooga, Tennessee 37411.

1
Case 1:18-cv-00025-RLJ-CHS Document 1 Filed 02/05/18 Page 1 of 7 PageID #: 1
 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,

Columbus, Georgia 31909.

JURISDICTION AND VENUE

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

a citizen of the State of Georgia.

6. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(a)(2) because a substantial

part of the offense or omissions giving rise to this claim occurred in this judicial district.

ALLEGATIONS OF FACT AND WRONGFUL DEATH

7. Defendant operates approximately 150 child care centers located throughout the

southeastern United States.

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

July 14, 2017.

2
Case 1:18-cv-00025-RLJ-CHS Document 1 Filed 02/05/18 Page 2 of 7 PageID #: 2
 11. On or about September 5, 2017, Warren Hunt was placed in the care of Defendant

under a commercial arrangement for child care services.

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

experiences emergency health issues while in Defendant’s custody and care.

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

blanket or bedding on the floor of the Childcare Network facility.

16. After having been placed on the floor as described above, one or more caregivers then

noticed Warren Hunt flip onto his stomach.

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).

3
Case 1:18-cv-00025-RLJ-CHS Document 1 Filed 02/05/18 Page 3 of 7 PageID #: 3
 21. Defendant, however, failed to provide adequate CPR training to the staff members

who discovered Warren Hunt unresponsive.

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

the facility to investigate what was happening.

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

medical care provided to Warren Hunt.

25. Warren Hunt was transported by ambulance to Children’s Hospital at Erlanger in

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

“asphyxiation due to bedding.”

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

immediately implement CPR upon the discovery of an unresponsive child.

4
Case 1:18-cv-00025-RLJ-CHS Document 1 Filed 02/05/18 Page 4 of 7 PageID #: 4
 28. Defendant’s negligent, reckless, and/or intentional conduct constituted a breach of the

duty owed by Defendant to provide competent child care to Warren Hunt.

29. Defendant’s negligent, reckless, and/or intentional actions and/or omissions were the

proximate cause of Warren Hunt’s death.

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

their son, Warren Hunt.

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

quantify their pain and suffering and other non-economic damages.

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

5
Case 1:18-cv-00025-RLJ-CHS Document 1 Filed 02/05/18 Page 5 of 7 PageID #: 5
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.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs demand judgment against Defendant as follows:

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

trial by jury on all issues;

C. That this Court enter an order awarding Plaintiffs judgment against Defendant for

punitive or exemplary damages;

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

Million Dollars ($5,000,000.00);

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,

as allowed by law; and

F. For such other, further, special, extraordinary, and general relief to which Plaintiffs are

entitled in law and/or equity under the circumstances of this cause.

6
Case 1:18-cv-00025-RLJ-CHS Document 1 Filed 02/05/18 Page 6 of 7 PageID #: 6
 Respectfully submitted,

EVANS HARRISON HACKETT PLLC

By: /s/Maury Nicely

Maury Nicely (BPR No. 018997)
By: /s/ Christopher T. Varner
Christopher T. Varner (BPR No. 018260)
835 Georgia Avenue, Suite 800
Chattanooga, TN 37402
Phone: 423.648.7890
Fax: 423.648.7897
mnicely@ehhlaw.com
cvarner@ehhlaw.com

Counsel for Plaintiffs

7
Case 1:18-cv-00025-RLJ-CHS Document 1 Filed 02/05/18 Page 7 of 7 PageID #: 7
0133456789
  

(670%163%3,-7#7)66!!6&6"#)$%"8"
6$!&&'#
"#($(7$6"#%$,6-%"6606)$%$6#"1
'/ 6$6&6(6#$66$&"!)6((2$
6'6

"6$"1""#6"6&!$$*16#($"%6',
% !66763 &3(/!6#%6+$)*!6%&""66()#!(66!&#"!661
+)646%,&-1
#)./
&60"6(6"#!
"

()(!6&$"#"$*"67%46"!66"8567789:6;<=>;9?:68?:8:7@;8ABC78?D8;E968D?<FGH
IJKLMNOPP QPOQNO
º»¼¼½¾¿À½¼Á¾¿½ÃÄ¿ÅƽÇȽÉÇÊËÌÍÈƽÌËÎͽÏнÑÒÌƽÇÌÓ½ÌËÎͽÐÊÒËÌÓȽÏÐ Üû¼À½ÀÕçÕ¼ÁÛèտŽÖÜÃÁÁ¼Öƽ»¿Üé½ÓêëêǽÜû¼ÀܾÔÕ½
º¾ÔÔÕ¿½¾¿ÀÕÔÖÁ¿½ÃÄ¿ÅƽǽÓË×ËÇÈËÓ½ØÒÌÏÊ ¿ÕźÁÔì
JRL1)$"-&56!%6$6&S!"T!"6%U#$"&& ÃÇØÒ
Ù
ÍÏÌ 1)$"-&56!%6$6&S!"T!"6%V6&6$%#$" èáÈ×ÏàË˽ÜÏáÌÍíƽ¾
57@>7A;89:8=G6G8AWB9:;9DD8>B676H 59:8=G6G8AWB9:;9DD8>B6768?:WXH
YZ[\ `[ ]YT^YV
1ZYV[_Y^] ZY1^1[1/21[`[TZ1^]ZYZS
5^1ZST^YV]YaZTa[V8

ÕÚJÇbÌL
Ƚ^"
ÃÇ"ÊÊ$ÒÈ6-Ï!Ì5½Dc
de8
ÃÇ ×:f
ÑËegÍͽh8Û¼
Bii¼
dgÜ
jjh8fki8;glgmnokg8:peqgdH ^""$6-!59r8skotkH
ÝÞß½ÂËÏÊàÒǽ¾ÚËÌáËƽÖáÒÍ˽Ýââ
ÜãÇÍÍÇÌÏÏàÇƽſ½Þäåâæ
IuNPvwQO5Alfxg8fk8y@z8ck8?kg8{o|8?kl}H I5~OMPMOMNMN85Alfxg8fk8y@z8ck8?kg8{o|8rod8Alfckcrr
Dod8€cgdjc}8>fjgj8?kl}H 8888888888888888888888888888888888888888888888888888fki8?kg8{o|8rod8€grgkifkH8
‚ 2818ƒ76$'6$" ‚ „ S6%6#…)6!"$ MP QP MP QP
U#$"&& 5=G6G8Cogdkegk8:o8f8Afd}H
1"†6$&!1"#"6 ‚  ‚  ]$(#"6%odU$(#U#6 ‚ 3 ‚ 3
&‡)!$6!!]$!1"#"6
‚ ˆ2818ƒ76$'6$" ‚ 3 V76!"- 1"†6$&^$"61"#"6 ‚ ˆ ‚ ˆ ]$(#"6%fkiU$(#U#6 ‚ ‰ ‚ ‰
V6&6$%#$" 59kicxfg8>ccŠgkjncm8or8Afdcgj8ck89ge8999H &‡)!$6!!]$^$"61"#"6
1"†6$1),‹6"&# ‚ „ ‚ „ S6*$Y#"$ ‚
‚

S6*$1)$"-
IONw
ON
Pw5Alfxg8fk8y@z8ck8?kg8{o|8 ?kl}H
PPwŒMON
1466&\Y#")6&1)"1%6V6!("$!8
uNOŽwM Nw
‚ 9]$!)#$6 MONOvw MONOvw ‚
ˆ‰V)*56#"6%16†)6 ‚ 3ˆˆ^((6#ˆ211‰ ‚ „ ‰S#!61#'!^"
‚ ˆ9_#$6 ‚„9^(#$6 ‚ „
‰U6!$#]$‹)- &U(6"-ˆ211 ‚ 3ˆ„‘"%#.# ‚ „
…)#'4„211
‚ „9_6^" ‚„‰^(#$6U%)" U%)"T#,"- ‚
39Z"6 ˆ211‰ „ ˆ34#
‚ 39Y6*"#,6]$!")'6$" T#,"- ‚ „
`6#"1#6 ‚ 3991"#"656#(("$'6$"
‚ ‰95676-&Z76(#-'6$" ‚„ˆ9^!!#)"/T,6’ U#'#6)"# MM“ ‚ 39^$"")!"
’[$&6'6$"&0)%*'6$" 1#$%6 U6!$#]$‹)- ‚ ˆ91(-*"! ‚ 3„9‡#$4!#$%‡#$4$*
‚ ‰_6%#6^" ‚„„9S6%6#['(-6!” U%)"T#,"- ‚ „9U#"6$" ‚ 3‰91''66
‚ ‰ˆ5676-&V6&#)"6% T#,"- ‚ „
^!,6!"!U6!$# ‚ „‰U#"6$"^,,67#"6% ‚ 3
9V6("#"$
1")%6$"T#$! ‚„39_#$6 ]$‹)-U%)" Y6.V)*^((#"$ ‚ 3 95#46"66]$&)6$6%#$%
4[0)%6!a6"6#$! ‚„3‰_#$6U%)" T#,"- ‚ 39#%6'#4 1 )("Z*#$†#"$!
‚ ‰„5676-&Z76(#-'6$" T#,"- MONMM Nu Nw ‚ 391$!)'616%"
&a6"6#$”!‡6$6&"! ‚„‰9_"a66 ‚ „ 9Z"6S#)% ‚ 9S#T#,1"#$%#%! ‚ 
`]^4„3‰&& ‚ 3391#,61#"a
‚ 
91"4%6!”1)"! ‚„‰‰_"a66 ‚ „ )"$T6$%$* ^" ‚ 
ˆ‡#4T)$*43ˆ„ ‚ ‰916)"6!1''%"6!
‚ 39Z"61$"#" U%)"T#,"- ‚ „9Z"6U6!$# ‚ ˆ9T#,_#$#*6'6$" ‚ 
„V]‘1V]‘‘439‰4* [0#$*6
‚ 3‰1$"#"U%)"T#,"- ‚„
9Z"6U6!$# U(6"-V#'#*6 56#"$! ‚ 
311]V"6•a] ‚ 39Z"61"#")"-^"$!
‚ 3
S#$!6 ]$‹)- ‚ „‰U(6"-V#'#*6 ‚ 395#.#-T#,^" ‚ 
‰51]439‰4* ‚ 3^*)")#^"!
‚„
ˆU6!$#]$‹)- U%)"T#,"- ‚ ‰S#'-#$%_6%# ‚ 3„[$7$'6$"#_#""6!
_6%#_#(#"6 T6#76^" ‚ 3‰S66%'&]$&'#"$
NMM “ MOMO ‚ 39Z"6T#,T"*#"$ PQNN–w ^"
‚ ˆ9T#$%1$%6'$#"$ ‚339Z"6175*"! KR—K˜™š›œ˜ ‚ 3['(-6656"6'6$" ‚  9#06!42818U#$"&& ‚ 3
^,"#"$
‚ ˆˆ9S6!)6 ‚33a"$* ‚ 3
„^6$V6"#$66 ]$'616)"-^" V6&6$%#$" ‚ 33^%'$!"#"76U6%)6
‚ ˆ„956$"T6#!6’[‹6"'6$" ‚33ˆ['(-'6$" ‚ ‰9_"$!"a##"6 ‚  ]51ž%U#"- ^"5676.^((6#&
‚ ˆ39"!"T#$% ‚33„`)!$* 16$"6$6 ˆ
211
93 ^*6$-V6!$
‚ ˆ3‰"U%)"T#,"- ^''%#"$! ‚ ‰„9ƒ6$6# ‚ 3‰91$!"")"$#"-&
‚ ˆ39^Z"656#U(6"- ‚33‰^'68.V!#,"6!‚ ‰„‰V6#"U6$#"- ŸŸ“NO 1"#"61"#")"6!
['(-'6$"  ¡—š ‚ 3
ˆY#")#†#"$^((#"$
‚33
^'68.V!#,"6!‚ ‰39_#$%#')!’Z"6 ‚ 3
‰Z"6]''*#"$
Z"6 ‚ ‰‰9175*"! ^"$!
‚33[%)#"$ ‚ ‰‰‰U!$1$%"$
‚ ‰
917V6"#$66
1$%"$!&
1$&$6'6$"
I“O5Alfxg8fk8y@z8ck8?kg8{o|8?kl}H
‚ UZ*6$6#%$* ‚ˆ56
1"#' 76%)&"' ‚ „ 56
"61 ^('#
(6$#%"66%1
&)'" ‚ 356
56$(!6"$#"66%% ‚‰ 6%!"&'" ‚
T
#$"!&66V _)"*"#%"!"$" ‚
T
 _)
"*"#%"!"$"

^$
5jmgxcr}H #$!&6 V6"S6
1"6"62818171"#")"6)$%6.-)#6&$*¢£¤¥¦¤§¥̈©§ª¥«¬­©®¯©¨§©¤¦°±¥®§°§¬§ª®¥¬¦±ª®®¥̄©²ª­®©§³H\
INwPNO ‡æÝ6½Äé ÖéÜé½î½ïÞÞæðÇñ½ÇÌÓ½æݽÄéÖéÜé½î½ïÞòïðÇñðæñ
&%6!("$&#)!6\
ºÊÏÌàÐáÙ½ÓËÇÍã
I´wQO ‚ 1`[1µ ]S`]1]1^NNO QŸNOQ¶ 1`[1µ·[1$-&%6'#$%6%$'(#$"\
ŸMNO 2YV[552T[ˆ„/S858178U8 ßÆâââÆâââéââ vwQŸNOQ ‚ ·6! ‚Y
INQNJL 56gg8ckjdpxcokjH¸
PNO 02Vƒ[ VZ1µ[Y2_‡[5
V^[ 1]ƒY^25[ZS^Z5Y[·ZS5[1Z5V
âæêâßêæâïÝ
PPPwO
ÈêèÇáÊí½¿Ò×ËÙí
5[1[]U¹ Case 1:18-cv-00025-RLJ-CHS
^_Z2Y ^UDocument
UT·]Yƒ]SU 1-1 Filed 02/05/18
02Vƒ[ Page 1 of_^ƒ8
1 02Vƒ[
PageID #: 8
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the
Eastern District
__________ DistrictofofTennessee
__________

WILL HUNT and LOGAN HUNT, as parents, next of )

kin, and next friends of WARREN ANDERSON )
HUNT, a deceased minor )
)
Plaintiff(s) )
)
v. Civil Action No. 1:18-cv-00025
)
CHILD DEVELOPMENT SCHOOLS, INC. d/b/a )
CHILDCARE NETWORK )
)
)
Defendant(s) )

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

A lawsuit has been filed against you.

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

Case 1:18-cv-00025-RLJ-CHS Document 1-2 Filed 02/05/18 Page 1 of 2 PageID #: 9

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 1:18-cv-00025

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

u I personally served the summons on the individual at (place)

on (date) ; or

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 I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

u I returned the summons unexecuted because ; or

u Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

Case 1:18-cv-00025-RLJ-CHS Document 1-2 Filed 02/05/18 Page 2 of 2 PageID #: 10