Dollar General says contractor breached lease

By Whitney Brakken | Feb 10, 2014

FAYETTEVILLE -- A local business faces suit after allegedly breaching terms of a lease.

Dolgencorp LLC, doing business as Dollar General, filed a lawsuit Jan. 30 in the Fayette County Circuit Court against Garrett Construction Inc., citing breach of contract.

The complaint states on Feb. 14, 2007, the plaintiff entered into a lease agreement with the defendant for property at 402 Highway 61, Mt. Hope. The plaintiff says the lease agreement contained a clause stating the defendant would carry comprehensive general liability insurance to adequately protect the plaintiff from personal injuries. According to the complaint, on Dec. 30, 2011, a personal injury complaint was filed against the plaintiff and the plaintiff filed a third-party complaint against Garrett seeking defense and indemnification it was allegedly entitled to under the terms of the lease. Garrett denied it was responsible for defense and indemnification and the plaintiff states that this was a breach of the lease, according to the court document.

The plaintiff is seeking damages of $21,071.79, plus interest. Dolgencorp is being represented by attorneys Duane J. Ruggier II and Marc A. Rigsby of Pullin, Fowler, Flanagan, Brown & Poe PLLC.

Fayette Circuit Court case number 14-C-30.


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