BYRON EDWARD EVANS and * CRYSTAL J. EVANS, Plaincites pee wo. 20-1014 FIFTY PLUS RACING FOUNDATION, eee Go cae Ge eee CHATTANOOGA HOTORCAR FESEIVME * Sams temeorr, and Tames 6. CULLEN, : Defendants * COMPLAINT Plaintiffs would respectfully show to the Court as follows: 1. Plaintiffs, Byron Edvard Evans and Crystal J. Bvans, are husband and wife and are citizens and residents of Polk County, Tennessee. Plaintiff alleges on information and belief that the Defendant, Fifty Plus Racing Foundation, Inc., is a corporation licensed and doing business in Tennessee; Defendant, Sports Car Club of America, is a corporation Licensed and doing business in Tennessee; defendant, Chattanooga Motorcar Festival, is an unknown entity having its|Principal place of business in Chattanooga, Tennessee; Defendant, Dennis Olthoff, is a resident of the state of North] Carolina; Defendant, James =. Cullen, is a resident of the| State of Georgia. 2. These parties and this cause are within and are subject to the jurisdiction of the State of Tennessee and this court. 3. On or about October 11, 2019 plaintiff, Bryon Béward Evans, was a course worker and pedestrian at a sport car event known as the Chattanooga Motorcar Festival in Chattanooga, Tennessee. Plaintiffs allege on information and belief that Defendants, Fifty Plus Racing Foundation, Inc., Sports Car Club of anerica, and the Chattanooga Motorcar| Festival either jointly own, operate, sponsor and/or control the racing and other motor car activities and are thereby jointly and severally responsible and liable for the actions and conduct which is the subject of this Complaint. 4, At the same time and place the defendant, Dennis! Olthoff, was operating a race car in the Chattanooga Motorcar Festival near where the plaintiff was standing when suddenly the defendant Olthoff lost control of his vehicle and crashed into the barriers and wall, striking the plaintiff in a vicious collision. 5. As a result of being struck by the race car, Plaintiff sustained severe personal injuries, has suffered great pain of body and mind, has been unable to engage in anygainful employment, and has incurred substantial medical bills| for the care and treatment of her injuries. Plaintiff furthe: alleges he will suffer future losses of income and willl continue to incur medical expenses in connection with the| injuries he sustained. Plaintiff further alleges that he may| never fully recover fron her injuries and that this will result] in some degree of permanent physical impairment. 6. Plaintiff charges the defendant-driver withl negligence in failing to properly maintain his lane of travel, failed to operate his vehicle in a safe and lawful manner. 7. Plaintiff alleges that the defendant, vames 6. Cullen, is the owner of the vehicle which struck the plaintiff! and is vicariously lable under the statutory and common law of the State of Tennessee and is responsible for the actions of his driver, Additionally the defendant/owner is liable for entrusting an untrained or poorly trained, unskilled and unsafe driver to operate his motor vehicle. 8. Plaintiff would further show that the defendants, FLfty Plus Racing Foundation, Inc., Sports Car Club of Anerica,| and Chattanooga Motorcar Festival, were negligent in the operation, control and management of the racing event by failing to maintain proper course control and safety measures! to protect the general public and the plaintifs. 9. Plaintiff alleges that the defendants, and all off then, breached their duties collectively and independentiy| owed to the plaintiff and others similarly situated, and as|described herein, and further that the acts of commission and| omission of the defendants, as set forth in this Complaint, constitute the sole, direct and proximate cause of the motor vehicle crash and the resulting injuries sustained by the| plaintifs. WHEREFORE, plaintiffs, for just, fair and equitable compensation to be determined by the Court after hearing the proof and evidence in this case but not to exceed $150,000.00, plus interest, prejudgment interest, discretionary costs and other costs and expenses as the Court deems appropriate, and the plaintiffs denand a trial on the issues when joined. BYRON EDWARD EVANS and CRYSTAL J. EVANS, Plaintiffs om A RUSSELL Banc, Attorney for Plaintiffs Shallowford Law Center 130 Jordan Drive Chattanooga, TN 37421-6748, (423) 490-0911 B.P.R. #1614