SREE v. Champaneria8/24/2005
Plaintiff, SREE, was a Tennessee general partnership which on January 1, 1992, entered into a Franchise Agreement with Econo Lodges International, Inc. relative to the operation of an Econo Lodge Hotel located at 970 Murfreesboro Road, Nashville, Tennessee, 37217. The Franchise Agreement was executed on behalf of SREE by its then general partner, Dileep M. Patel, with all individual partners of SREE also executing the Franchise Agreement on behalf of SREE. On July 15, 1993, SREE partners entered into a Management Agreement with Jacqubhai (Jack) K. Champaneria. This Agreement was executed on behalf of SREE by Dileep M. Patel, partner. The duties of Champaneria under the Management Agreement included record keeping, repairs on the premises, the employ and discharge of employees, compliance with building codes and regulations, and, of particular significance:
XII. Insurance Coverage - The manager shall remit directly to such providers and carriers the premiums on all existing policies of insurance by which company maintains coverage for the motel premises, including, but not necessarily limited to workman's compensation , fire, contents, public liability insurance, dram shop, fire and extended coverage insurance.
The term of the Contract was for one (1) year unless extended by written agreement of the parties.
While the Contract was in effect and while Champaneria was managing the Econo Lodge Motel, one Jennifer Michelle Jones, a minor and guest of the Motel, was shot to death on January 19, 1994, resulting in a wrongful death action in the United States District Court for the Middle District of Tennessee styled Anita Stevens, as surviving custodial parent of Jennifer Michelle Jones, a minor plaintiff, v. Choice Hotels International, Inc., Pradeep Kakkad, Krishnalal Patel, Sashan Natarajan, Vijaychandra M. Patel, Chilakammari Yeshwant, Mohammad Ghani, Dileep Patel, Sushil Bagri, both individually and dba a partnership, and SREE, partnership, case #3-94-0358. On September 24, 1996, SREE filed the present case in the Circuit Court of Davidson County Tennessee charging Champaneria with breach of the Management Agreement for, among other things, failing to maintain proper insurance on the premises which would have covered the wrongful death suit relative to Jennifer Michelle Jones.
The plaintiff is represented in this case by Phillip L. Davidson of the Davidson County Bar.
On December 23, 1996, Champaneria answered with general denials of breach of contract, affirmative defenses and a counter-complaint charging material misrepresentations as to the solvency and condition of the Econo Lodge Hotel. Defendant was represented by Honorable Gail P. Pigg of the Davidson County Bar.
On January 27, 1997, SREE answered the counter-claim with general denials and an affirmative defense to the averments of fraud of the applicable statute of limitations.
From this point in the proceedings, it becomes evident that lines of communication between attorney and client on both sides progressively deteriorate. On March 14, 1997, Plaintiff moved to amend the complaint following the dissolution in Davidson County Chancery Court on March 6, 1997, of the SREE partnership and the discharge of its receiver. The amendment sought to substitute the individual former partners as plaintiffs in succession of the dissolved partnership. The only former partner not included in the Motion to Amend the Complaint is the former managing partner Dileep Patel.
On May 16, 1997, the trial court entered an order allowing the plaintiff to amend the complaint with an observation in the order that "the court further noted that the absence of Dileep Patel t
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