General Civil and Domestic Relations Case Filing Information … · 2020. 6. 15. · ☐ Medical Malpractice Tort ... Housing Authority of Savannah who operates a principal place

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RECEIVED FOR FILING, STATE COURT CLERK CHATHAM CO. GA, 6/1/2020 5:04 PM

STCV20-0087406-01-2020

1

IN STATE COURT OF CHATHAM COUNTY

STATE OF GEORGIA

Deontray Grant, individually as the

surviving next of kin of Shawntray Grant,

deceased, and as the Administrator of the

estate of Shawntray Grant,

Plaintiff,

v.

Housing Authority of Savannah,

Hitch Phase II, L.P.,

Envolve Community Management, LLC,

Hunt Companies, Inc.,

No Punches Pulled Security,

Earline W. Davis,

Yolanda Fontaine,

Irvenia Brooks,

Robert Marshall,

ABC Corporations 1-3, and

John Does 1-3.

Defendants.

CIVIL ACTION

FILE NO.:

JURY TRIAL DEMANDED


STCV20-00874

2

SUMMONS—HOUSING AUTHORITY OF SAVANNAH

TO THE ABOVE-NAMED DEFENDANT: Housing Authority of Savannah (“HAS”) operates a

principal place of business at 1407 Wheaton St. Savannah, GA. HAS can be served via personal

service on its executive director Earline W. Davis. The Housing Authority of Savannah is hereby

summoned, required to file with the clerk of said Court, and serve upon Plaintiff’s attorney, whose

name and address is:

The Mance Law Firm, LLC

Chadrick A. Mance

24 Commerce Place, Suite C

Savannah, GA 31406

Tel: (912)574-4529

an answer to the complaint that is herewith served upon you, within 30 days after the service of

this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default

will be taken against you for the relief demanded in the complaint.

This 1st day of June, 2020.

Clerk of Chatham County State Court

Deputy Clerk

By:

To Defendant upon whom this petition is served:

This copy of complaint and summons was served upon you ____________________, 2020.

____________________________________________, Deputy Sheriff


/s/ Joann Darden

3


STATE OF GEORGIA





Plaintiff,

v.






Earline W. Davis,

Yolanda Fontaine,

Irvenia Brooks,

Robert Marshall,


John Does 1-3.

Defendants.

CIVIL ACTION

FILE NO.:

JURY TRIAL DEMANDED


STCV20-00874

4

SUMMONS—ENVOLVE COMMUNITY MANAGEMENT, LLC

TO THE ABOVE-NAMED DEFENDANT: Envolve Community Management, LLC (Formerly

LEDIC Management Group, LLC) operates a principal place of business at 555 Perkins Ext., Floor

2 Memphis, TN 38117. Envolve can be served via personal service on its registered agent

Corporate Service Company, 40 Technology Parkway South, Suite 300 Norcross, Gwinnett

County, GA 30092. Envolve Community Management, LLC is hereby summoned, required to file

with the clerk of said Court, and serve upon Plaintiff’s attorney, whose name and address is:


Chadrick A. Mance


Savannah, GA 31406

Tel: (912)574-4529






Deputy Clerk

By:



____________________________________________, Deputy Sheriff


/s/ Joann Darden

5


STATE OF GEORGIA





Plaintiff,

v.






Earline W. Davis,

Yolanda Fontaine,

Irvenia Brooks,

Robert Marshall,


John Does 1-3.

Defendants.

CIVIL ACTION

FILE NO.:

JURY TRIAL DEMANDED


STCV20-00874

6

SUMMONS—HUNT COMPANIES, INC.

TO THE ABOVE-NAMED DEFENDANT: Hunt Companies, Inc. is the foreign limited liability

corporation who operates a principal place of business at 4401 North Mesa El Paso, TX 79902-

1107. She also resides in Savannah, GA. Hunt can be served via personal service on its registered

agent for service Capitol Corporate Services, Inc., located at 3675 Crestwood Parkway, N.W.,

Suite 350, Duluth, Gwinnett County, Ga 30096. Hunt Companies, Inc. is hereby summoned,

required to file with the clerk of said Court, and serve upon Plaintiff’s attorney, whose name and

address is:


Chadrick A. Mance


Savannah, GA 31406

Tel: (912)574-4529






Deputy Clerk

By:



____________________________________________, Deputy Sheriff


/s/ Joann Darden

7


STATE OF GEORGIA





Plaintiff,

v.






Earline W. Davis,

Yolanda Fontaine,

Irvenia Brooks,

Robert Marshall,


John Does 1-3.

Defendants.

CIVIL ACTION

FILE NO.:

JURY TRIAL DEMANDED


STCV20-00874

8

SUMMONS—HITCH PHASE II, L.P.

TO THE ABOVE-NAMED DEFENDANT: Hitch Phase II, L.P., operates a principal place of

business at 4401 North Mesa, Attn: Legal Department, El Paso, TX 79902-1107. HAS can be

served via personal service on its registered agent Capitol Corporate Services, Inc., located at 3675

Crestwood Parkway, N.W., Suite 350, Duluth, Gwinnett County, Ga 30096. Hitch Phase II, L.P.

is hereby summoned, required to file with the clerk of said Court, and serve upon Plaintiff’s

attorney, whose name and address is:


Chadrick A. Mance


Savannah, GA 31406

Tel: (912)574-4529






Deputy Clerk

By:



____________________________________________, Deputy Sheriff


/s/ Joann Darden

9


STATE OF GEORGIA





Plaintiff,

v.






Earline W. Davis,

Yolanda Fontaine,

Irvenia Brooks,

Robert Marshall,


John Does 1-3.

Defendants.

CIVIL ACTION

FILE NO.:

JURY TRIAL DEMANDED


STCV20-00874

10

SUMMONS—NO PUNCHES PULLED SECURITY

TO THE ABOVE-NAMED DEFENDANT: No Punches Pulled Security operates a principal place

of business at 1715 Derry Avenue Atlanta, GA 30377/PO Box 94181 ATL, GA 30377. It can be

served via personal service on its owner, Hassan Rashid at 1715 Derry Avenue Atlanta, GA 30377.

No Punches Pulled Security is hereby summoned, required to file with the clerk of said Court, and

serve upon Plaintiff’s attorney, whose name and address is:


Chadrick A. Mance


Savannah, GA 31406

Tel: (912)574-4529






Deputy Clerk

By:



____________________________________________, Deputy Sheriff


/s/ Joann Darden

11


STATE OF GEORGIA





Plaintiff,

v.






Earline W. Davis,

Yolanda Fontaine,

Irvenia Brooks,

Robert Marshall,


John Does 1-3.

Defendants.

CIVIL ACTION

FILE NO.:

JURY TRIAL DEMANDED


STCV20-00874

12

SUMMONS—EARLINE W. DAVIS

TO THE ABOVE-NAMED DEFENDANT: Earline W. Davis is the Executive Director of The

Housing Authority of Savannah who operates a principal place of business at 1407 Wheaton St.

Savannah, GA. She also resides in Savannah, GA. She can be served via personal service at either

her residence or The Housing Authority’s place of business. Earline W. Davis is hereby

summoned, required to file with the clerk of said Court, and serve upon Plaintiff’s attorney, whose

name and address is:


Chadrick A. Mance


Savannah, GA 31406

Tel: (912)574-4529






Deputy Clerk

By:



____________________________________________, Deputy Sheriff


/s/ Joann Darden

13


STATE OF GEORGIA





Plaintiff,

v.






Earline W. Davis,

Yolanda Fontaine,

Irvenia Brooks,

Robert Marshall,


John Does 1-3.

Defendants.

CIVIL ACTION

FILE NO.:

JURY TRIAL DEMANDED


STCV20-00874

14

SUMMONS—YOLANDA FONTAINE

TO THE ABOVE-NAMED DEFENDANT: Yolanda Fontaine is the Director of Property

Management of The Housing Authority of Savannah who operates a principal place of business at

1407 Wheaton St. Savannah, GA. She also resides in Savannah, GA. She can be served via

personal service at either her residence or The Housing Authority’s place of business. Yolanda

Fontaine is hereby summoned, required to file with the clerk of said Court, and serve upon

Plaintiff’s attorney, whose name and address is:


Chadrick A. Mance


Savannah, GA 31406

Tel: (912)574-4529






Deputy Clerk

By:



____________________________________________, Deputy Sheriff


/s/ Joann Darden

15


STATE OF GEORGIA





Plaintiff,

v.






Earline W. Davis,

Yolanda Fontaine,

Irvenia Brooks,

Robert Marshall,


John Does 1-3.

Defendants.

CIVIL ACTION

FILE NO.:

JURY TRIAL DEMANDED


STCV20-00874

16

SUMMONS—IRVENIA BROOKS

TO THE ABOVE-NAMED DEFENDANT: Irvenia Brooks is the Property Manager of The View

at Oglethorpe which operates a principal place of business at 280 Randolph St.. Savannah, GA.

She also resides in Savannah, GA. She can be served via personal service at either her residence

or The View’s place of business. Irvenia Brooks is hereby summoned, required to file with the

clerk of said Court, and serve upon Plaintiff’s attorney, whose name and address is:


Chadrick A. Mance


Savannah, GA 31406

Tel: (912)574-4529






Deputy Clerk

By:



____________________________________________, Deputy Sheriff


/s/ Joann Darden

17


STATE OF GEORGIA





Plaintiff,

v.






Earline W. Davis,

Yolanda Fontaine,

Irvenia Brooks,

Robert Marshall,


John Does 1-3.

Defendants.

CIVIL ACTION

FILE NO.:

JURY TRIAL DEMANDED


STCV20-00874

18

SUMMONS—ROBERT MARSHALL

TO THE ABOVE-NAMED DEFENDANT: Robert Marshall is the Director of Facilities

Management for The Housing Authority of Savannah who operates a principal place of business

at 1407 Wheaton St. Savannah, GA. He also resides in Savannah, GA. He can be served via

personal service at either his residence or The Housing Authority’s place of business. Robert

Marshall is hereby summoned, required to file with the clerk of said Court, and serve upon

Plaintiff’s attorney, whose name and address is:


Chadrick A. Mance


Savannah, GA 31406

Tel: (912)574-4529






Deputy Clerk

By:



____________________________________________, Deputy Sheriff

I


/s/ Joann Darden

19

N STATE COURT OF CHATHAM COUNTY

STATE OF GEORGIA





Plaintiff,

v.






Earline W. Davis,

Yolanda Fontaine,

Irvenia Brooks,

Robert Marshall,


John Does 1-3.

Defendants.

CIVIL ACTION

FILE NO.:

JURY TRIAL DEMANDED

COMPLAINT


STCV20-00874

20

Deontray Grant, individually, as surviving next of kin of Shawntray Grant, and as Administrator

of Shawntray Grant’s estate, (“Plaintiff”) files this Complaint and shows the following:

I. INTRODUCTION

1. Dangerous low-income housing is a big business in which corporations receive hundreds of

millions in governmental assistance to provide safe housing to vulnerable populations.

2. Defendants are part of the big business of low-income housing in America.

3. Defendants valued profits over the safety of The View at Oglethorpe (“The View”), a

property owned, managed, funded or controlled by them.

4. The View is a Housing Authority of Savannah (“HAS”) apartment complex located in an

area plagued by violent crime.

5. The View’s inadequate security created an ideal incubator for violent crimes.

6. For decades, HAS tolerated a vicious cycle of violence and crime in its neighborhoods.

7. For decades, based upon information and belief, HAS, Hitch Phase II (“Hitch”), Envolve

Community Management, LLC (“Envolve”), and Hunt Companies, Inc., (“Hunt”),

collectively received hundreds of millions in governmental assistance from similar housing

arrangements but allowed The View to become an epicenter for crime harming generations

of innocent people.

8. To comply with safety requirements, Defendants took minimal steps to keep The View

reasonably safe from preventable crime, despite their multitude of resources.

9. Based on age, sex, location, race, and weapon, Shawntray Grant’s death in a dangerous

neighborhood with minimal security was foreseeable and avoidable according to

governmental statistics

10. On June 15, 2018, three opportunistic criminals tragically and horrifically robbed and


21

gunned-down anti-violence activist Shawntray Grant in The View’s parking lot.

11. Plaintiff sues Defendants for Shawntray Grant’s preventable, foreseeable, wrongful death

claiming damages in excess of $100,000,000.00.

II. PARTIES, JURISDICTION, AND VENUE1

12. Shawntray Grant died without a will on June 15, 2018. He left no surviving spouse, children,

or parent. Plaintiff is entitled, under O.C.G.A. § 51-4-5, to bring this action for Shawntray’s

next of kin, namely, Deontray Grant, Angela Grant Mack, Kaiisha Simmons Williams,

Clarence Singleton, Terry Grant, Erika Jenkins, Robert A. Grant, Clarence Grant Jr., Willie

Earl Simmons Jr., Terry K. Grant, and Tara E. Grant (siblings).

13. A citizen and resident of Chatham County, Georgia, Plaintiff is the Administrator under The

Temporary Letters of Administrator and Order Appointing him as administrator, executed by

the Chatham County Probate Court. (See Exhibit A-Temporary Letters of Administration and

Order, May 19, 2020.) As the next of kin and Administrator, Plaintiff is the proper party to

bring an action for, recover, and hold the amount recovered for the benefit of Shawntray’s

next of kin.

14. The Housing Authority of Savannah (“HAS”), is an owner, occupier, and landlord of The

View (formerly Robert Hitch Village) and other dangerous housing within a 2-mile radius of

The View. HAS is a public housing authority and body politic organized under Title 8 of the

Official Code of Georgia. HAS may be served with a copy of the Summons, Complaint and

1 All foreign Corporate Defendants, should they have no registered agent or their registered

agents cannot be served with reasonable diligence, can be served by registered or certified mail

or statutory overnight delivery, return receipt requested, addressed to the chief executive officer,

chief financial officer, or secretary of the foreign corporation, or a person holding a position

comparable to any of the foregoing, at their principal office shown in the later of their

applications for a certificate of authority or their most recent annual registration.


22

discovery by leaving a copy with its Executive Director, Earline W. Davis, at 1407 Wheaton

St. Savannah, GA 31404.

15. Envolve Communities2 (“Envolve”) (Formerly “LEDIC Management Group, LLC”) was

hired/retained by Hunt Companies, Inc. and HAS, as the “management agent” of The View.

It is a foreign limited liability company whose principal office address is located at 555

Perkins Ext., Floor 2 Memphis, TN 38117. It may be served by leaving a copy of the

Summons, Complaint, and discovery with its registered agent, Corporate Service Company,

40 Technology Parkway South, Suite 300 Norcross, Gwinnett County, GA 30092.

16. Hunt Companies, Inc. served as The Housing Authority of Savannah’s development partner

for The View. Hunt Companies, Inc. is a foreign limited liability corporation. Hunt may be

served by leaving a copy of the Summons and Complaint with its registered agent Capitol

Corporate Services, Inc. located at 3675 Crestwood Parkway, N.W., Suite 350 Duluth,

Gwinnett County, GA 30096.

17. Hitch served as the tenant at The View, pursuant to Ground Lease Agreement. Hitch

subleased the premises to tenants such as Shawntray Grant. It is a Georgia domestic limited

partnership. Its principal office address is 4401 North Mesa, Attn: Legal Department, El

Paso, TX 79902-1107. It may be served through leaving a copy of the Summons, Complaint,

and discovery with its registered agent, Capitol Corporate Services, Inc., located at 3675

Crestwood Parkway, N.W., Suite 350, Duluth, Gwinnett County GA 30096.

18. No Punches Pulled Security is a private detective and security agency. It is a domestic

limited liability company owned by Hassan Abdul Rashid. Its principal office address is P.O.

Box 94181 ATL, GA 30377. It may be served by leaving a copy of the Summons, Complaint

2 Envolve is also owned by Hunt.


23

and discovery with its registered agent, Hassan Rashid, whose address is 1715 Derry Avenue,

Atlanta, GA 30310.

19. Earline W. Davis is the Executive Director of the Housing Authority of Savannah. She is a

resident of Savannah, Chatham County, GA. Davis may be personally served by hand-

delivering a copy of the Summons, Complaint, and discovery to her.

20. Yolanda Fontaine is the Director of Property Management for the Housing Authority of

Savannah. She is a resident of Savannah, Chatham County, GA. She may be personally

served by hand-delivering a copy of the Summons, Complaint, and discovery to her.

21. Irvenia Brooks is Property Manager at The View. She is a resident and citizen of Chatham

County, GA. She may be personally served by hand-delivering a copy of the Summons,

Complaint, and discovery to her.

22. Robert Marshall is the Director of Facilities Management for the Housing Authority of

Savannah. He is a resident and citizen of Chatham County, GA. He may be personally served

by hand-delivering a copy of the Summons, Complaint, and discovery to him.

23. ABC Corporations 1-3 are corporations serving as agents, contractors or employees who

oversaw or administered the maintenance, repair, inspection or security for The View and

Defendants on or before the date of Grant’s death. Their identities are presently unknown to

Plaintiff but are known to Defendants. They may be served by hand-delivering a copy of the

Summons, Complaint, and discovery to their registered agents.

24. John Does 1-3 are employees, agents or contractors of corporations named as Defendants

(“Corporate Defendants”) in this case. These employees were responsible for maintenance,

repair, inspection, or security at The View. Their names are presently unknown to Plaintiff


24

but known to Defendants. They may be served by hand delivering a copy of the Summons,

Complaint, and discovery to them.

25. This action is based upon tortious acts or omissions in Savannah, Chatham County, Georgia.

26. Venue and jurisdiction are proper in this Court.

III. FACTS

A. HISTORY, LOCATION, AND VIOLENCE AT THE VIEW

27. Since the 1930s, business leaders, politicos, and citizens have gathered to provide safe,

secure housing to citizens earning lower income in Savannah, GA by forming HAS.

28. Furthering that mission, HAS constructed Robert Hitch Village (“Hitch Village”).

29. Over the years, Hitch Village devolved into a hotbed of violence, crime, and dangerous

conditions for its residents.

30. To reverse the vicious cycle of crime and poverty in Hitch Village, HAS, Hunt, and Hitch

built The View located where Hitch Village once stood3.

31. HAS, Hitch, Hunt, and Envolve maintained an ownership interest in The View and received

millions4 in government assistance to create safe housing.

32. Envolve managed The View’s property.

33. Envolve and HAS created a lease for residents at The View.

34. Although The View’s lease disclaims any responsibility for the security of residents, HAS

historically assumed responsibility for its residents’ safety.

❖ HAS was formed to address the shortage of safe housing in Savannah, GA.

❖ HAS’s First Cooperation Agreement with the City of Savannah assures that

residents receive police protection.

❖ HAS was required to collaborate with Savannah Police to create a specific safety

plan under 24 CFR 903.7(m).

3 Demolished in 2010, Hitch Village3 was one of the most crime-ridden neighborhoods in Savannah, GA.

4 Upon information and belief, Plaintiff believes HAS received as much as 51 million dollars per

year in government assistance to operate its low income housing.


25

❖ HAS received federal funds5 to improve safety at The View.

35. Many of the most dangerous public housing complexes in Savannah are within less than a 2-

mile radius of The View: Herbert Kayton Homes (1.7 miles away), Simon Frazier Homes

(1.7 miles away), Yamacraw Village (1.4 miles away), River Point I and II (formerly Fred

Wessels Homes) (0.5 miles away).

36. Over 3 years before Grant’s death, a plethora of violent crimes occurred at The View:

❖ 9/4/15, aggravated assault, man was struck and pummeled during an altercation.

❖ 5/30/16, aggravated assault, victim found with blood on his shirt and the back of

his head.

❖ 7/30/16, aggravated assault, man choked until he suffered subconjunctival

hemorrhaging in his eyes and urinated on himself.

❖ 12/17/17 (parking lot crime), vehicle damaged and broken into. Items stolen, rear-

view mirror on the ground, damage to windshield that was hit with an object in 2

spots.

❖ 4/14/18, simple battery, two women (1 with a knife) attacked a woman holding a

baby in her home.

❖ 5/22/18 (Less than 1 month before Grant’s death), woman jumped by 15-20 other

women, 6 gunshots fired, car damaged with passenger door shot and window

shattered. (parking lot crime)

37. Although many more crimes occurred, these provide an illustration of the violent

environment that desperately commanded more security.

38. Directly across the street from The View crime persisted.

39. For example, on 6/9/18 (6 days before Grant’s death), 8 rounds were fired from a .45 caliber

in middle of the street in front of Apts 220A and B at Fred Wessels Homes (now River

Point).

40. The same patterns of crime persisted at other HAS properties located within a 2-mile radius

of The View.

5 In 2012, HAS was awarded the Choice Neighborhood Initiative Grant. This grant was used to

“transform” the old Robert Hitch Village (now “The View”) into a neighborhood of opportunity. The

grant required HAS, in large part, to re-engineer Hitch Village into a multi-income neighborhood that

would be safe.


26

41. These patterns of crime made it reasonably foreseeable that Grant’s death would occur at the

time, place, and location that it did.

B. INADEQUATE SECURITY AND PROPERTY MANAGEMENT

42. On or before June 15, 2018, The View and Corporate Defendants failed to:

❖ Hire enough active or qualified security to patrol, detect, inspect, warn of and

remove unreasonably violent crime and safety threats.

❖ Install adequate surveillance systems6.

❖ Implement adequate crime deterrents.

❖ Disseminate security notices informing residents of crime.

❖ Track, measure, and assess crime.

43. The View’s property management company, Envolve7 presented an equally troubling safety

history for its workers and residents throughout Georgia:

6 Upon information and belief, the only visible camera at The View on the date of Grant’s death

was located on the inside of a stairwell, making it barely visible to potentially dangerous criminal

assailant targeting innocent residents. 7 Recently, LEDIC rebranded itself as “Envolve” presumably to avoid the stigma associated with

its unsafe history.

Source: https://www.peopleclaim.com/complaint-history/ledic-management-group---headquarters-memphis-tn-283892


27

44.

45. Envolve was previously sued for poor security which should have also placed Corporate

Defendants on notice that Envolve would unsafely manage The View:

❖ Ross v. Nations Bank Community and LEDIC Mgmt Group, et. al.,

94VS0093683, Fulton County, Filed on 12/5/1994

❖ Brown v. Atlanta Affordable Housing and LEDIC Mgmt Group, et. al.,

99VS0154307, Fulton County, Filed on 6/15/1999.

❖ Johnson v. LEDIC Mgmt Group et. al., 01VS020571, Fulton County, Filed on

7/23/2001

❖ James v. LEDIC Mgmt Group et. al., 16EV002828, Filed on June 16, 2016

46. Envolve’s unsafe property management and lawsuits in Atlanta, GA---years before Grant’s

death--- made it reasonably foreseeable to HAS, Hitch, and other Corporate Defendants that

Envolve would unsafely manage The View.

C. STATISTICAL FORESEEABILITY OF GRANT’S DEATH

47. Based on the sex, age, race, location, and murder weapon used in Grant’s death, Shawntray

Grant’s death was statistically foreseeable and preventable.

48. The Georgia Department of Public Health (DPH) concluded that murder victims are

disproportionately male (Shawntray’s sex):

Source: https://www.indeed.com/cmp/Ledic-Management-Group/reviews?start=40


28

49. Shawntray’s age made him more vulnerable to homicide; DPH also concluded that the

overall age-specific death rate was highest among Shawntray’s age group (25-34):

50. Shawntray Grant was highly vulnerable to dying from gun violence in Savannah ,which had

the second highest number of violent deaths in Georgia in 2012:

Source: Fitzgerald, O’Neal, Drenzek, Bayakly, and Ryan, Georgia Department of Public Health, “Violent Deaths in Georgia, 2008-2012:

Georgia Violent Death Reporting System, 2014”




29

51. HUD reports that violent crime is geographically concentrated in certain neighborhoods and

in more localized areas known as hotspots8 (The View is surrounded by 5 of the most

dangerous housing complexes in its 2-mile radius).

52. It was highly likely that Shawntray could die a violent death in a parking lot; DPH concluded

that parking lots had the 5th most frequent number of violent deaths between 2008 and 2012:

53. HUD, via FBI statistics, also concludes that African Americans (Shawntray’s race) are more

likely to be victims of murder:

8 See https://www.huduser.gov/portal/periodicals/em/summer16/highlight2.html






30

54. It was highly probable that Shawntray would die from a firearm:

55. These governmental statistics were published as of 2014 (4 years before Grant’s death) and

freely available to Corporate Defendants.

56. Since HAS’s own governing agency and The State of Georgia predicted that persons

similarly situated to Shawntray were disproportionately predisposed to violent deaths like

Source: Federal Bureau of Investigation. “Murder Victims by Race, Ethnicity, and Sex, 2014” (ucr.fbi.gov/crime-

in-the-u.s/2014/crime-in-the-u.s.-2014/tables/expanded-homicide-

data/expanded_homicide_data_table_1_murder_victims_by_race_ethnicity_and_sex_2014.xls).

Accessed 7 August 2016.




https://ucr.fbi.gov/crime-in-the-u.s/2014/crime-in-the-u.s.-2014/tables/expanded-homicide-data/expanded_homicide_data_table_1_murder_victims_by_race_ethnicity_and_sex_2014.xls



31

Shawntray’s, Corporate Defendants reasonably should have known that Shawntray’s murder

was foreseeable and should have implemented reasonable security measures at The View

before Grant’s death.

D. GRANT’S DEATH, JUNE 15, 2018

57. As of June 15, 2018, Grant resided in his apartment at The View for a mere 7 days.

58. Grant won proceeds from The Emerald Princess Casino Boat earlier in the evening while

celebrating with several associates.

59. Around 2:10 AM, Grant dropped off his associates at their homes, the last of which lived in a

nearby apartment at The View.

60. After saying goodbye to his associate, Grant walked to his vehicle located in The View’s

parking lot.

61. Within a short time, loud, cannon-like gun shots were fired.

62. Police later found 33-year-old Grant lying motionless, unresponsive, with multiple gunshot

wounds, and no sign of life in The View’s parking lot, only a few doors away from where he

grew-up.

63. Authorities pronounced Grant dead on arrival.

64. The Chatham County District Attorney later indicted and tried several bad actors for Grant’s

murder.

65. The View was under re-development at the time of Grant’s killing.

66. A security guard from “No Punches Pulled Security,” presumably Hasan Rashid, guarded

“the developer’s (presumably Hitch’s) building supplies,” at or near the time of Grant’s

murder.

67. Upon information and belief, Rashid heard the gunshots but he refrained from calling the


32

police.

68. Upon information and belief, Rashid frequently heard gunshots in this area prior to Grant’s

death.

69. Defendants prioritized the protection of property and profits over the protection of people by

facilitating generational a cycle of violence culminating in Shawntray Grant’s wrongful

death.

E. GRANT’S LIFE


33

70. Grant’s vision was to end gun-violence a problem that has cost governmental entities,

corporations, and citizens billions in lost human and economic potential.

71. Fighting vigorously to save the youth and create safe zones of opportunity in impoverished

neighborhoods, Grant dreamed of a community in which violence was an after-thought and

opportunity was overflowing, even for the most unfortunate.

72. He was a deacon in his church, former drum major of Savannah High School, and left behind

thousands of admirers in Savannah.

73. His potential contribution to the world was limitless.

F. THE BIG BUSINESS OF LOW-INCOME HOUSING

74. As early as 1937, Corporate Defendants have profited greatly in size and wealth from

dangerous low -income housing.

75. HAS was the 4th largest public housing authority in GA.

76. HAS serves 4,700 families, primarily through public housing and housing choice voucher

(Section 8) programs.

77. Hunt, an international company, is a diversified, family-owned holding company that invests


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in operating businesses, real estate assets, and infrastructure assets.

78. Its scope and size grew substantially while gaining considerable expertise across multiple

real asset sectors.

79. Hunt is the 5th largest multifamily housing owner.

80. Hunt is the 10th largest U.S. Apartment syndicator.

81. Hunt and its affiliates have more than $13 billion in assets under management, including

144,583 multi-family housing units and 8.3 million square feet of office, retail and industrial

properties.

82. Hunts project costs have totaled more than $6.3 billion with more than $8.2 billion in

construction costs.

83. Hunt owns Envolve, the 8th largest affordable multifamily property management company.

84. Under the name LEDIC, Envolve was one of the top 50 largest management companies in

America.

85. Envolve is a vertically integrated owner and operator of multi-family housing.

86. Envolve’s portfolio consists of affordable, tax credit, conventional, layered, and HOME

communities.

87. Envolve touts the following accomplishments in industry leadership:

Source: https://www.envolve-csg.com/


https://www.envolve-csg.com/

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88. Envolve owns the properties that it manages.

89. Under the name LEDIC, Envolve was ranked No. 9 on the 2013 National Affordable

Housing Management Association Affordable 100 list.

90. Envolve’s ownership interests reach far and wide throughout the United States as indicated

by the states in blue:

91. The scope of dangers posed by Defendants’ unsafe housing ventures have numerous, lasting

effects on generations of low-income housing residents throughout the United States that

extend beyond the violence’s direct impact on a particular victim and associates.

92. As HUD emphatically states:

❖ In dangerous neighborhoods people may avoid going outside, and a strong

relationship exists between perceived neighborhood safety and obesity rates … In

general, exposure to violence puts youth at significant risk for psychological,

social, academic, and physical challenges and also makes them more likely to

commit violence themselves. Exposure to gun violence can desensitize children,

increasing the likelihood that they act violently in the future.

Source: https://www.envolve-csg.com/

Source: https://www.huduser.gov/portal/periodicals/em/summer16/highlight2.html


https://www.envolve-csg.com/

https://www.huduser.gov/portal/periodicals/em/summer16/highlight2.html

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IV. LAW

COUNT I NUISANCE

93. Plaintiff incorporates by reference the preceding paragraphs as if fully restated here.

94. The View, plagued with excessive crime, constituted a nuisance.

95. The nuisance caused Shawntray Grant’s hurt, inconvenience, and death.

96. This nuisance’s inconvenience is not fanciful, but it is the type that affects an ordinary,

reasonable tenant.

97. Further, the nuisance produced actual, tangible, and substantial injury, in addition to special

damage to Grant.

COUNT II NEGLIGENCE PER SE


99. Defendants violated laws, principally, O.C.G.A. § 51-3-1 and 24 CFR 903.7(m) by failing to

use ordinary care to keep the premises and approaches reasonably safe and failing to

implement a reasonable safety plan in accordance with federal guidelines, among other

things.

100. These violations caused Grant’s death.

101. Such violations are negligence per se.

COUNT III NEGLIGENCE

102. Plaintiff incorporates the preceding paragraphs as if fully restated here.

103. HAS, Hitch, Hunt, Envolve, and their agents, were negligent. Their negligence actually

and proximately caused Grant’s death by:

❖ Violating O.C.G.A. § 51-3-1 when failing to use ordinary care to keep the

premises and approaches reasonably safe.


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❖ Failing to properly inspect and maintain the premises.

❖ Failing to warn of latent dangers on the premises.

❖ Failing to properly retain, entrust, hire, train and supervise their employees,

contractors, and agents.

❖ Failing to ensure business policies, systems, and security measures were

adequately followed and implemented concerning the following areas, among

others: investigating crime, reporting crime, warning of crime and maintaining

The View and its other properties in The View’s vicinity in a reasonably safe

manner.

❖ Failing to act to remove loiterers in the parking lot and premises.

❖ Failing to inspect, patrol, or appropriately monitor the parking lot and premises.

104. Defendants had actual and constructive knowledge of these dangers through the direct

knowledge of their employees or agents.

105. Defendants should have known that The View (and similarly situated HAS Complexes in

the 2-mile radius) were in a high-crime area.

106. Defendants should have known that their residents and others were victims of violent

crimes such as the ones mentioned above in the area at The View and other HAS Complexes

nearby.

107. Defendants should have known of a foreseeable risk of harm to their residents who

entered and exited their parking lot.

108. Defendants should have known that persons of Shawntray’s demographic profile were

extraordinarily vulnerable to death by violent crime, given the overwhelming statistical data

published years before Grant’s death.

109. Yet, Defendants negligently provided security (primarily near the developer’s supplies).

110. Security was negligently understaffed and inadequate in type, quantity, and measures9.

9 The U.S. Department of Housing and Urban Development recently stated: “Where crime and

vandalism are serious problems, security should be recognized as a significant element of

the capital and operating expenses of HUD-assisted multifamily housing. Where new

construction or rehabilitation is contemplated, financial feasibility analysis must take realistic


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COUNT IV GROSS NEGLIGENCE

111. Plaintiff incorporates by reference the preceding paragraphs as if fully restated.

112. Defendants were grossly negligent under O.C.G.A. § 51-1-4.

113. Defendants failed to exercise the slightest diligence.

114. This gross negligence caused Grant’s death.

COUNT V JOINT VENTURE/ENTERPRISE LIABILITY


116. Defendants HAS, Hitch, Hunt, and Envolve combined their property or labor in a joint

undertaking for profit.

117. Similarly, No Punches Pulled Security combined its property and labor with at least 1 of

the defendants to guard the developer’s property.

118. These defendants each had a right of mutual control over the enterprise which operated,

managed, maintained, or otherwise controlled The View.

119. Accordingly, these defendants are liable for their tortious conduct and their agents, which

is imputed to them as principals.

COUNT VI AGENCY AND RESPONDEAT SUPERIOR

120. Plaintiff incorporates by reference the preceding allegations as if fully restated herein.

121. Earnestine Davis, Irvenia Brooks, Yolanda Fontaine, Robert Marshall, John Does 1-3,

and ABC Corporations 1-3 committed acts or omissions causing Grant’s death.

account of the level of operating expense.”

https://www.hud.gov/sites/documents/74604C9PIHH.PDF (emphasis supplied)

Defendants should have known of this recommendation before Grant’s death.


https://www.hud.gov/sites/documents/74604C9PIHH.PDF

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122. These defendants acted within the course and scope of their agency and employment with

Corporate Defendants such as HAS, Hunt, Hitch, and Envolve.

123. They were staff members or contractors of Corporate Defendants.

124. They negligently, inspected, maintained, and managed The View.

125. Their acts and omissions as Corporate Defendants’ agents, contractors, or employees are

imputed to Corporate Defendants.

COUNT VII PERSONAL LIABILITY OF EMPLOYEES

126. Plaintiff incorporates by reference the preceding allegations as if fully restated herein.

127. Ernestine Davis (HAS Executive Director), Yolanda Fontaine (HAS Director of Property

Management), Irvenia Brooks (The View’s Property Manager), and Robert Marshall (HAS

Facilities Manager) are responsible for the management, maintenance, and inspection of The

View or nearby HAS complexes.

128. These employees are also responsible for warning residents of unreasonable dangers

posed by violent crime.

129. They are further responsible for removing any unreasonable dangers of crime.

130. They breached their duties to ensure that The View and its approaches were in a

reasonably safe condition.

131. They breached their duties by violating their employer’s internal policies and industry

standards.

132. These breaches constituted active negligence.

133. These employees, upon information and belief, further ratified tortious conduct leading to

Grant’s death.

134. Their conduct actually and proximately caused or contributed to Grant’s death.


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COUNT VIII NEGLIGENT HIRING, RETENTION, AND SUPERVISION

135. Plaintiff incorporates the preceding allegations as if fully restated here.

136. Corporate Defendants negligently hired, trained, supervised, entrusted, and retained their

employees and contractors of The View10.

137. Under O.C.G.A. § 51-1-4, all Corporate Defendants identified as employers are liable for

their contractors’ negligence because:

❖ The wrongful acts of the contractors violate statutory duties.

❖ Defendants retained the right to direct or control the time and manner of

executing the work or interefers and assumed control, creating the relation of

employer and employee.

❖ Defendants ratified and approved the unauthorized wrong leading to Grant’s

death.

138. Corporate Defendants’ combined negligence is the actual and proximate cause of Mr.

Grant’s death.

DAMAGES

139. Plaintiff is entitled to recover from Defendants for the intangible value of Shawntray

Grant’s life (from Shawntray’s perspective) in the sum of $100,000,000.00 under O.C.G.A. §

51-4-5.

140. Plaintiff is entitled to recover for the full value of Grant’s life.

141. Shawntray died at 33 years old, and his reasonable life expectancy was 41.75 years.

142. On the date of his death, Shawntray earned at least $2,000.00 per month from his

occupation.

10 HAS is also responsible for negligently leasing the premises to Hitch Phase II. Among the agents of

Hitch Phase II are Envolve entrusted with the management of the property, John Doe Construction

Company No Punches Pulled Security and its owner Hasaan Rashid (entrusted with the security of the

construction site). Envolve is responsible for the negligent hiring, training, supervision and retention of its

employees, contractors and entrustment of The View to its agents and employees.


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143. Plaintiff is entitled to a minimum of $1,002,000.00 in lost earnings.

144. Plaintiff is entitled to recover for Shawntray Grant’s pre-death mental and physical pain

and suffering and funeral expenses in an amount to be determined at trial.

PRAYER FOR RELEIF

WHEREFORE Plaintiff prays that he has a trial on all issues and judgment against

Defendants:

(a) Defendants are liable for the full value of the life of Shawntray Grant, especially its

intangible element (valued at $100,000,000.00).

(b) Defendants are liable for Grant’s minimum of $1,002,000.00 in lost earnings.

(c) Defendants are liable to Plaintiff for Grant’s funeral expenses.

(d) Defendants are liable to Plaintiff for Grant’s pre-death pain and suffering.

(e) Defendants are liable for punitive damages under O.C.G.A. § 51-12-5.1 in an amount to

be determined by the enlightened conscience of the jury for Defendants’ actions showing

willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care

which would raise the presumption of conscious indifference to consequences.

(f) Plaintiffs have a trial by jury.

(g) Defendants are liable for Plaintiff’s attorney’s fees and expenses for Defendants’ bad

faith, stubborn litigiousness, or unnecessary trouble and expense under O.C.G.A. § 13-

16-11.

(h) Defendants are liable for Plaintiff’s attorney’s fees for asserting a claim, defense, or other

position having a complete absence of justiciable law or fact under O.C.G.A. § 9-15-1411.

11 HAS and Envolve’s lease states that HAS is not responsible for their resident’s security, which

contravenes the duty of landlords under GA Law to provide reasonably safe premises and

approaches.


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(i) Defendants are liable for all general, special, compensatory, economic, punitive and other

permissible damages in accordance with the enlightened conscience of an impartial jury.

(j) Defendants are liable for such other relief as this Court deems just and appropriate.

This 1st day of June 2020.

THE MANCE LAW FIRM

__________________________________

Chadrick A. Mance

State Bar No. 703877

Attorney for Plaintiff



Savannah, GA 31406

[email protected]

Phone: 912-574-4529


mailto:[email protected]

Documents

General Civil and Domestic Relations Case Filing Information … · 2020. 6. 15. · ☐ Medical Malpractice Tort ... Housing Authority of Savannah who operates a principal place