IN THE UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF TENNESSEE

NASHVILLE DIVISION
MARCIA RICHARDSON and
JAMES RICHARDSON

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Plaintiffs,
v.
CONTEMPORARY SERVICES
CORPORATION
Defendant.

Case No.
JUDGE_____________
MAGISTRATE____________
JURY DEMAND

COMPLAINT
Plaintiffs James Richardson and Marcia Richardson, by and through counsel,
hereby state their claims against Defendant as follows:
PARTIES
1.

The Plaintiff, James Richardson (hereinafter Mr. Richardson), is a

citizen and resident of Tennessee.

2.

The Plaintiff, Marcia Richardson (hereinafter Mrs. Richardson), is a

citizen and resident of Tennessee.

3.

The Defendant, Contemporary Services Corporation (hereinafter

CSC) is a Foreign Corporation whose principal address is 17101 Superior St.,

Northridge, CA 91325-1961.

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SUBJECT MATTER JURISDICTION

4.

The parties to this action are citizens of different states, and the

amount in controversy, exclusive of interest and costs, exceeds $75,000.

5.

This Court has jurisdiction over the subject matter of this action

pursuant to 28 U.S.C.A. 1332.

6.

Venue is proper in this Court pursuant to 28 U.S.C.A. 1391.

FACTS

7.

On December 11, 2011, Marcia Richardson sustained a fall at a gate

while entering into LP stadium. The Richardsons have been loyal supporters of the
Tennessee Titans and have owned club seats since the stadium opened.
8.

On December 11, 2011, while entering Gate 7, Ms. Richardson was

tripped by a CSC worker who had either intentionally or inadvertently stepped into
the path of Ms. Richardson.
9.

At the previous game, Titans grocery bags were given out to fans,

including Ms. Richardson. On December 11, many of those same fans brought their
bags back filled with items such as blankets, jackets and other gear.
10.

The CSC guards searching bags were throwing out the Titans grocery

bags and refusing fans from taking them into the stadium. Ms. Richardson was one
of these fans who attempted to enter into the stadium with a Titans grocery bag.
Ms. Richardson was refused entry in line at Gate 7.
11.

Mr. Richardson had successfully entered the Gate and waited for his

wife. Ms. Richardson was hassled about her bag at the Gate, and ultimately allowed

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security to throw away the Titans grocery bag which allowed her to enter the
stadium. Ms. Richardson put on the coat that was in the bag, and carried the other
items.
12. As Ms. Richardson was finally admitted through the gate, the security
officer blocked part of the entryway where she tripped and fell. Mr. Richardson ran
and tried to catch her, but was unable. Ms. Richardsons head bounced off the
concrete.
13.

The guard who had caused the fall never even looked at the

Richardsons nor offered to help them as Ms. Richardson laid on the ground. People
were stepping over, and around Ms. Richardson as she laid on the ground. Mr.
Richardson protected her from further injury.
14.

The Richardsons were finally offered an ambulance, but Mr.

Richardson wanted to take her to the hospital himself. Unable to walk, Ms.
Richardson was placed in a golf cart and taken to their car in the parking lot. But,
Mr. Richardson could not get Ms. Richardson into his auto, so they requested an
ambulance which took her to Williamson Medical Center where she was treated for
her injuries.
15.

Ms. Richardson suffered substantial injuries. Unfortunately, Ms.

Richardson has suffered from various health issues which exacerbated the injuries
that she sustained at the gate. On December 11, 2011, Ms. Richardson broke her
patella and suffered trauma to her face which resulted in dental fractures, but
luckily no facial fractures.

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16.

As a result of the injuries, Ms. Richardson was immobile for

approximately 1 month. She missed many days of work and lost work productivity
during the time she was working from her home. Because of the time of year this
injury took place, December, she was unable to participate in Christmas or New
Year celebrations with family and friends. She had facial bruising almost 9 months
after the incident. She missed multiple Titans games. She was unable to attend
Vanderbilt basketball games, the Richardsons are long time holders of season
tickets. Her husband was forced to take time off of his job to attend to Ms.
Richardson. Ms. Richardson suffered greatly from pain as a result of the accident
and was forced to take narcotic pain medication.
17.

Ms. Richardson has Lupus. This trauma caused her Lupus to flare up.

Until such time, it had been under control for the most part, but the trauma caused
a severe flare up of the previously existing medical condition.
18.

Ms. Richardson had to do physical therapy to recover from the

incident. She was unable to golf for 4 months after the incident. She was unable to
drive for 6 weeks.
19.

Ms. Richardson would not have fallen but for the actions of the CSC

security guard at the stadium. Ms. Richardson clearly suffered much, both
physically and emotionally due to the negligence of the security guard. While her
frailty may have exacerbated her injuries, CSC is charged with the safety of all
patrons in the Titans stadium.

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COUNT I
Negligence
20.

Plaintiff reallege and reincorporate Paragraphs 1 through 19 of their

Complaint.
21.

CSC failed to use ordinary and reasonable care. Its employ failed to

provide a safe entry into the Titans Stadium by either intentionally or negligently
caused Ms. Richardson to fall which caused substantial damages to Ms. Richardson.

COUNT II
WILLFULL OR WANTON MISCONDUCT
22.

Plaintiffs reallege and reincorporate Paragraphs 1 through 21 of their

Complaint.

23.

CSC intentionally, with knowledge that serious bodily injury to

another may occur, or with wanton and reckless disregard for the possible results,
caused substantial damages to Ms. Richardson.
COUNT III
GROSS NEGLIGENCE
24.

Plaintiffs reallege and reincorporate Paragraphs 1 through 23 of their

Complaint.

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25.

With an utter lack of concern for the safety of Ms. Richardson, or with

an act done with such reckless disregard for the rights of Ms. Richardson that a
conscious indifference to the consequences can be implied by the jury, Ms.
Richardson suffered substantial damages.
COUNT III
RESPONDEAT SUPERIOR, NEGLIGENT HIRING, SUPERVISION, RETENTION,
and TRAINING
26.

Plaintiffs reallege and reincorporate Paragraphs 1 through 25 of their

Complaint.

27.

CSC, as the employer of the gate worker who injured Ms. Richardson,

CSC is responsible for its employees acts which give rise to this cause of action. CSC
is at fault for the acts of its employees and its own negligence in hiring, retaining,
supervision, and failure to train its employee who caused damages to Ms.
Richardson.

COUNT III
FAILURE TO RENDER AID
28.

Plaintiffs reallege and reincorporate Paragraphs 1 through 27 of their

Complaint.
29.

A special relationship existed between CSC and Ms. Richardson and

said relationship created a duty to render aid to Ms. Richardson. The duty to render

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aid created by the special relationship is the duty to use reasonable care under the
circumstances.
30.

CSC had a duty to render aid to Ms. Richardson and it failed to do so.

As a result, Ms. Richardson suffered substantial damages.

COUNT III
Loss of Consortium
31.

Plaintiffs reallege and reincorporate Paragraphs 1 through 30 of their

Complaint.
32.

Mr. Richardson is entitled to damages for loss of services and

consortium. Mr. Richardson has suffered damages as a result of the damages

suffered by his wife. This claim of Mr. Richardson is separate and independent of
Mrs. Richardson and can stand on its own if damages are proven against the
Defendant.

WHEREFORE, Plaintiffs respectfully request:

1. That this Court enter judgment for Plaintiffs and against Defendant for
compensatory and punitive damages in an amount to be proven at trial but not less
than $75,100 for each category of damages;
2. That this Court award Plaintiffs such other and further relief as to which
they are entitled;
3. That jury hear this case; and
4. That this Court tax all costs and expenses against the Defendant.

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Respectfully submitted,
__________________________
Kenneth R. Jones, Jr. (BPR #7278)
William B. Hawkins III (BPR #20117)
Jones Hawkins & Farmer, PLC
150 Fourth Avenue North, Suite 1820
Nashville, Tennessee 37219
(615) 726-0050 (phone)
(615) 726-5177 (fax)
kjones@joneshawkinsfarmer.com
whawkins@joneshawkinsfarmer.com
Counsel for James and Marcia Richardson

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