IN THE CIRCUIT COURT FOR WILSON COUNTY, TENNESSEE

A AT LEBANON

JACKIE GREENWALT, ^TILED

' f I LSZ.U )

Plaintiff,
JUN 1 4 2022 )P.IVL
v. Docket No
•
DEBB1E MOSS,.CIRCUIT CQU
WiLSuiN COUNTY,
WILSON buurii , TN
...
r} CLERKJURY.DEMANDED
SPEEDWAY, LLC (Qualified Under Assumed’ )
Name), a.k.a. Speedway (Tennessee) LLC, )
) Notice: Written discovery is being served
Defendant, ) contemporaneously with this Complaint.

COMPLAINT

Comes now the Plaintiff, Jackie Greenwait (hereinafter '‘Plaintiff’ or “M’s. Greenwall”).

for her cause of action against the Defendant, Speedway, LLC (Qualified Under Assumed Name),

a.k.a. Speedway (Tennessee) LLC, shows unto this Honorable Court as follows:

1. The Plaintiff is a resident of Brownsville, Edmondson County, Kentucky.

i

2. Defendant Speedway, LLC (Qualified Under Assumed Name), a.k.a. Speedway

(Tennessee) LLC (hereinafter “Defendant” or “Speedway”), is a foreign limited liability company,

authorized to do business in the Stale of Tennessee, with a principal address of 3200 Hackberry

Road, Irving, Texas 75063-0131. Speedway may be served through its Tennessee Registered

Agent for Service of Process, Corporate Creations Network, Inc., 205 Powell Place, Brentwood,

Tennessee 37027-7522. Defendant Speedway has been properly and timely served with this

Complaint in accordance to Tennessee law.

3. Defendant Speedway owns, operates, controls, and maintains a Speedway location

at 1135 Murfreesboro Road, Lebanon. Wilson County, Tennessee 37000, Store No. #7124

(hereinafter '’the premises” or “the Lebanon Speedway”).

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 4. Plaintiffs cause of action arises in tort under and by virtue of the laws of the State

of Tennessee for the damages she sustained as a result of injuries she sustained at the premises of

(he Lebanon Speedway.

5. The events giving rise to Plaintiffs causes of action occurred at Defendant’s

Speedway store located at 1135 Murfreesboro Road, Lebanon, Wilson County, Tennessee 37090,

Store No. #7124.

6. Subject matter jurisdiction over this action is proper pursuant to T.C.A. § 16-10-

101.

7, Venue is proper in part by virtue of T.C.A, § 20-4-102 because the cause of action

arose in Wilson County, Tennessee.

8. On or about June 18, 2021, Ms. Greenwait was at the Lebanon Speedway as a

customer/invitee when she entered the restroom and fell on a clear substance believed to be water

on the floor.

9. The fall caused Ms. Greenwait injuries to her entire body as a whole including, but

not limited to, a right patellar fracture, both knees, lower extremities and body as a whole.

10. At all times relevant hereto, Defendant’s actions and inactions caused the floor in

the bathroom pf the premises to be wet, slippery, untreated, not adequately maintained, inherently

dangerous for wet conditions and/or otherwise not safe, thereby creating a dangerous and/or

defective condition.

11. At all times relative hereto, the Defendant had actual and/or constructive

knowledge of said dangerous and/or defective condition.

12. At all times pertinent hereto, the Defendant’s knowledge of said dangerous and/or

defective condition was superior to that of Ms. Greenwait.

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 13. At all times pertinent hereto, Ms. Greenwait exercised an appropriate degree of care

for her own safety.

14. The wet floor existed long enough that the Defendant knew or should have known

of the dangerous condition yet did not act with reasonable care in a reasonable amount of time to

address .the dangerous condition by cleaning up the substance creating the dangerous condition

that caused Ms. Greenwait to fall.

15. The Defendant’s failure, by and through their employee(s) and agents, to clean up

the substance with reasonable care in a reasonable amount of time was a negligent act that created

a dangerous condition that caused Ms, Greenwait to fall.

16. Ms. Greenwait believes and therefore alleges that the Defendant has/had possession

of video footage from one or more of the several cameras that cover the area of the store after the

fall took place and the video evidences the timeframe in which the Defendant knew of dangerous

condition and failed to address the dangerous condition by cleaning it up.

17. Ms. Greenwait believes and therefore alleges that Defendant has/had possession of

the video footage but has not disclosed the footage, as requested by Counsel for the Plaintiff,

because it evidences that Defendant, by and through its employees and agents, was negligent in its

failure to clean up the substance with reasonable care in a reasonable amount of time given their

knowledge and notice of the condition.

18. A copy of the spoliation letter sent by Counsel for Ms. Greenwait, requesting

preservation of evidence, is attached hereto as Exhibit A,

19. A copy of the Defendant’s response is attached hereto as Exhibit B.

20. Ms. Greenwait’s injuries include, but are not limited to, a right patellar fracture, both

knees, lower extremities and body as a whole. Ms. Greenwait has not concluded her medical

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treatment as of the date of this tiling, she has not reached maximum medical improvement, and

she is still incurring medical expenses.

21. Defendant, through its employee(s) and agent(s), had actual knowledge that the

floor in the women’s bathroom was wet with a clear substance.

22. Defendant, through its employeefs) and agent(s), had knowledge that the floor in

the women’s bathroom had a wet, clear substance creating a dangerous condition for

customer/invitees.

23. Defendant, through its employee(s) and agent(s), created the condition that led to

Ms. Greenwait’s injuries.

24. Defendant owed a duty of care to .Ms. Greenwait as a customer and/or business

invitee upon its premises. These duties include: (I) the duty to exercise due care under all

the circumstances; (2) the duty to act with reasonable care to invitees and/or licensees; (2) the duty

to maintain the premises in a reasonably safe condition; (3) the duty to inspect the premises to

discover dangerous conditions reasonably recognizable by common experience and ordinary

prudence; (4) the duty either to remove or warn of the dangerous condition the possessor knows

or should reasonably know about; and (5) the duty not to cause or create a condition which leads

to injury.

25. Defendant’s agent(s) and employee(s) breached the duties owed to

customer/invitee Ms. Greenwall by leaving the bathroom floor wet without notice or warning in

the bathroom, which created an inherently dangerous condition and fall risk.

26. Defendant is responsible for the maintenance and upkeep of the business premises

of the Lebanon Speedway. Defendant is liable for the acts and omissions of its employee(s),

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 agent(s), and/or servant(s) under theories of vicarious liability, agency, and/or respondeat

superior.

27. As a direct and proximate result of the breach of duties owed by Defendant and/or

their employee/agent, Ms. Greenwait suffered a painful and permanent injuries which required or

will require medical treatment, past and future.

28. As a direct and proximate result of breach of duties owed and negligence of the

Defendant, Ms. Greenwait suffered past, present, and future: medical expenses, bodily injuries,

pain and suffering, incidental expenses, inconvenience, mental, and interruption of home life, in a

specific amount not yet determined due to the Plaintiff’s continuation of medical treatment, but

greater than Fifty Thousand and 00/100 ($50,000.00) Dollars.

29. As a direct and proximate result of breach of duties owed and negligence of the

Defendant, Ms. Greenwait suffered lost wages and loss of future earning capacity in an amount

greater than One Hundred Twenty Thousand and 00/100 ($120,000.00) Dollars.

30. Ms. Greenwait, as a direct and proximate result of breach of duties owed of

the Defendants and negligence, seeks fair and reasonable recovery from the Defendants in an

amount not yet determined due to the Plaintiffs continuation of medical treatment, for past,

present, and future: medical expenses and bodily injuries incurred and will incur, pain and

suffering, incidental expenses, inconvenience, mental anguish, interruption of home life, and all

other damages allowed under Tennessee law in a specific amount not yet determined due to the

Plaintiffs continuation of medical treatment, but greater than Fifty Thousand and 00/100

($50,000.00) Dollars.

31. Ms. Greenwait, as a direct and proximate result of breach of duties owed of

the Defendants and negligence, seeks fair and reasonable recovery from the Defendants in an

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amount greater than One Hundred Twenty Thousand and 00/100 ($120,000.00) Dollars for lost

wages and loss of future earning capacity.

32. Ms. Greenwait, as a direct and proximate result of breach of duties owed of

the Defendants and negligence, seeks recovery from the Defendant, in an amount greater than

Thirty-Five Thousand Dollars and 00/100 ($35,000.00), for loss of enjoyment of life, including

but not limited to, not being able to actively and publicly participate as a Champion Sponsor for

the 202 1 Tennessee Walking Horse Celebration, which was a lifelong goal.

33. Ms. Greenwait avers that no third party has fault or liability as it relates to the facts

and circumstances surrounding this lawsuit.

Wherefore, Plaintiff Demands:

1. That proper process issue requiring Defendant to Answer this Complaint in the

lime prescribed by T.R.C.P. Rules 8 and 12;

2. Pursuant to T.R.C.P. Rule 55.01, Plaintiff hereby moves this Court and respectfully

request an Order granting Default Judgment against Defendant should it fail to Answer this

Complaint pursuant to T.R.C.P. Rule 12;

3. Damages be awarded to Ms. Greenwait, in the form ofcompensatory damages from

the Defendant for her injuries and damages, past, present, and future: medical expenses, bodily

injuries, pain and suffering, incidental expenses, inconvenience, mental anguish, and interruption

of home life, and all other damages allowed under Tennessee law in a specific amount not yet

determined due to the Plaintiff’s continuation of medical treatment, but greater than Fifty

Thousand and 00/100 ($50,000.00) Dollars;

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 4. Damages be awarded to Ms. Greenwait, in the form of compensatory damages from

the Defendant for her lost wages and loss of future earning capacity in an amount greater than One

Hundred Twenty Thousand and 00/100 ($120,000.00) Dollars;

5. Damages be awarded to Ms. Grcenwalt in the form of compensatory damages from

the Defendant, in an amount greater (han Thirty-Five Thousand Dollars and 00/100 ($35,000.00),

for loss of enjoyment of life, including but not limited to, not being able to actively and publicly

participate as a Champion Sponsor for the 202 1 Tennessee Walking Horse Celebration, which was

a lifelong goal;

6, Pre-judgment and post judgment interest;

7. An award of all discretionary costs and court costs;

8. That a jury be empaneled to try this mailer; and

9. For any and all general relief to which the Plaintiffs are entitled to under the laws

of the State of 'Tennessee.

Respectfully submrt^4,--^

Jasi &Denton, BPR No. 22579

RO IELLE, McCULLOCH & AULDS, PLLC
IO1/Castle 1 (eights Avenue North
Lebanon, TN 37087
P: (615) 443-8780
F: (615) 443-8775
identon@rma-law.com
Attorneyfor Plaintiff

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