Commercial Truck Insurance in Dalton, GA

Virginia-headquartered Western Sizzlin Corp. filed a lawsuit against five defendants — including several Dalton restauranteurs — on Dec. 19.

The filings submitted in the United States District Court’s Northern District of Georgia seek a jury trial “for injunctive relief, monetary damages and all other appropriate remedies” against Georgia Service System LLC; D&S Service Systems LLC: Johnny D. Miller; Dion Johnston; and Sarah Johnston.

“After doing business as a Western Sizzlin franchise for decades, the defendants acting in concert removed the ‘Western Sizzlin’ sign where it stood and put the name of another steak buffet in its place,” the complaint alleges. “They did so despite clear contractual obligations preventing that very action and with full knowledge of the business garnered from the goodwill, information, methods and processes perfected by Western Sizzlin and learned by the former franchisee GSS.”

The lawsuit seeks a temporary restraining order and a preliminary and permanent injunction against the alleged “wrongful and unlawful use of Western Sizzlin’s protected trademarks and trade dress.”

The civil action also seeks enforcement of “the post-termination obligations set forth in the franchise agreement entered into by and between GSS and Western Sizzlin.”

Per the 50-page complaint, Western Sizzlin initially entered into a 20-year franchise agreement with David F. Burris Sr. in 1994 to operate a restaurant in Dalton.

The complaint indicates Burris transferred the franchise agreement rights, title and interest to Miller in 1999.

“On or about Dec. 27, 1999, Miller executed a personal guaranty with Western Sizzlin, in which Miller bound himself as the individual guarantor of GSS, the sole named franchisee,” the claim reads. “On or about Dec. 12, 2003, GSS executed an addendum to (the) franchise agreement, agreeing to extend the term of the franchise agreement until Dec. 12, 2023.”

The claim alleges that Western Sizzlin emailed Miller on Nov. 9, 2023, and asked him if GSS was interested in renewing the franchise agreement. A follow-up email was sent on Nov. 20, 2023.

The complainant indicates that neither Miller or GSS responded to either message.

“Upon information and belief, on or about Dec. 1, 2023, GSS attempted to transfer its interest in the franchise agreement to D&S,” the lawsuit claims. “GSS did not notify Western Sizzlin of this transfer or provide written notice that it did not intend to renew the franchise agreement.”

In mid-December, the complainants allege that D&S “began removing all Western Sizzlin signage from the Dalton location” and replaced them with signage for Yellowstone Steak and Buffet.

“Upon information and belief, D&S’ Yellowstone is advertising and offering a menu substantially the same as that offered by the original Western Sizzlin,” the complaint reads. “Upon information and belief, D&S is also offering other menu items created from Western Sizzlin proprietary recipes, including but not limited to rolls, honey butter and ranch dressing.”

The complaint alleges that the defendants “continue to use the Western Sizzlin marks, trade dress and Western Sizzlin system in connection with the operation of Yellowstone to market and promote Yellowstone through the use of Western Sizzlin marks, trade dress and Western Sizzlin proprietary products and to pass off Yellowstone and its unapproved products offered by Yellowstone as being authorized by Western Sizzlin when they are not.”

The lawsuit accuses GSS and Miller of “breach of contract” and accuses D&S of “trademark infringement,” “federal trade dress infringement,” “common law trade dress infringement” and “common law unfair competition.”

The complainant also alleges all of the named defendants in the suit purportedly violated Georgia’s Unfair Competition Statute.

“As a direct and proximate result of (the) defendants’ unfair competition, Western Sizzlin has been and is likely to be substantially injured in its business, including its goodwill and reputation, resulting in lost revenues and profits and diminished goodwill,” the suit alleges.

The lawsuit also alleges that the named defendants purportedly violated the state’s Trade Secrets Act.

“GSS has failed to return the operations manual or any proprietary products to Western Sizzlin upon termination of the franchise agreement,” the suit claims. “Upon information and belief, GSS has transferred or shared the operations manual with D&S with access to proprietary Western Sizzlin information, including recipes.”

Yet another accusation in the suit alleges that D&S and the Johnstons have been “unjustly enriched,” with Western Sizzlin purportedly suffering “damages” as a result.

The complaint includes a verification statement from Western Sizzlin Corp. Vice President and CEO Robyn Mabe.

As for “relief,” the lawsuit seeks “that GSS account and pay over to Western Sizzlin all consideration received in exchange for GSS transfer of its franchise agreement to D&S” and “that Miller, Dion Johnston and Sarah Johnston each account and pay over to Western Sizzlin all profits it has made from the Yellowstone restaurant since Dec. 13, 2023.”

Georgia voters went to the polls Tuesday for several special elections.

Polls closed at 7:00pm in Georgia.

Dalton Mayor Annalee Harlan Sams took on an increasingly relevant — and some might say perilous — topic at a Greater Dalton Young Professionals luncheon on Jan. 30: social media-borne disinformation.

“There are some frightening things that have gone on in our country in the past few years with misinformation,” she said. “But I think we need to be responsible, and people in this room need to say ‘I’m going to be accountable and I’m going to hold all of my social media network friends accountable for not putting misinformation out there.’”

The luncheon at the Mack Gaston Community Center was cosponsored by the United Way of Northwest Georgia Young Leaders Society.

“We have a responsibility to tell the real facts about community and not do anything to not paint us in a good light,” Sams continued. “We’re a wonderful place, great people, and we need to talk well about ourselves and our neighbors.”

Sams noted that for many residents, their primary “news” source is hardly a news source at all — i.e., gossip, hearsay and scuttlebutt on platforms like Facebook and Instagram.

“I have had it up to here with misinformation being a threat to our community,” she said. “One could probably argue that it is a threat to our whole world, but let’s think locally and act locally … you need to think about what’s going on in your own community and be mindful of what’s happening on a larger scale.”

There’s one significant problem with social media chatter, Sams said — namely, that all of the “information” bandied about on the platforms is without any actual references.

Which means the “news” in question isn’t factually vetted.

“We’re going to do better in delivering the news of our community in a factual, responsible and positive way,” Sams said. “We need all of you to be the example in your professional groups and your friend groups and even your own household to say ‘Is what I’m sharing, is it factual?’”

Therein lies another hazard of the social media landscape, Sams contended.

“People will lose respect for you and your position of employment if you’re a spreader of misinformation,” she said. “It is a threat and it will happen to your own business, it will hurt our own community, so be above it, don’t be a part of it.”

Every resident of the community, Sams said, could play a role in curbing the spread of social media misinformation.

Or they could exacerbate it.

“Find that factual, refereed information that you want to get,” she said. “Think twice about the things you share and what you contribute to.”

As for the city’s finances, Sams noted that sales tax revenues outgrossed property tax revenues for the first time last year.

“With inflation being at an all-time high, that means we’re paying more for goods and services and we’re going to collect more,” she said. “But still, that’s important — that means from a retail standpoint, we’re thriving as a community.”

Dalton, she said, remains a prominent player not only in Georgia’s economy, but the economy of the entire Southeast.

“And much of that has to do with floorcovering, but there are all the other parts that go along with it,” she said. “Floorcovering could not exist, and more importantly it could not thrive, if it didn’t have all the support services from education to healthcare.”

On the local level, Sams said there is certainly a balancing act between service and overreach.

“We hear people talk about ‘Well, I want my city to do all these things for me,' but then when we look at private property rights all of a sudden everybody kind of backs up and says ‘Well, I don’t know if I want that or not,'” she said.

With little in the way of large tracts of land for significant economic investments, Sams said conversations have arisen with state legislators regarding “retention bonuses” for industries.

“We’re right here next to the Tennessee state line so how can we be competitive with a place that doesn’t have a state income tax?” she said. “As elected people, we can’t be passive … we have to work to find the best way to allow our industry to remain competitive.”

As for housing, Sams said she believes local government has to be “as friendly as we can” with developers, but remain responsible stewards of property.

“Stormwater is a big deal when you live in a community like we do, we have some very low-lying areas,” she said. “We have spent and invested millions of dollars into stormwater management and I’m very, very proud of what we’ve done so far — and we’re doing more, and that impacts those job opportunities.”

Sams noted that the Mill Line Trail project, initially scheduled to open on Feb. 1, is now targeting an early spring opening.

“It’s going to be amazing and then we’re going to work to see where we go next,” she said. “It’s just going to add to what keeps Dalton having good things happen and making us an excellent community — you have to have the right outdoor outlets for people, to make sure they’re able to get their kids out and just enjoy being in a safe space to recreate.”

She also brought up plans for renovations to the John Davis Recreation Center along Civic Drive.

“The silver lining here is that we’re actually getting a rebuild and not just a refurbishment,” she said. “We’re really excited about what that’s going to bring and add, and also what it’s going to be is a catalyst to continue to drive a lot of progress in the community that is contiguous to the property itself.”

Site work on the project began in March 2023, with completion now anticipated for the spring/summer 2025 time frame.

Sams also touched upon plans for a new downtown streetscape project.

“A private property owner and business owner in downtown has persistently pushed for the Downtown (Dalton) Development Authority and the city of Dalton to make streetscape happen on Cuyler Street,” she said. “This is a gateway into our downtown … it goes right in front of the new Carpentry hotel, so that’s exciting.”

She described the long-discussed project as something of a deferred maintenance issue.

“We found the funding to have this make the most sense,” she said. “We didn’t just open our checkbook and go shopping … and hopefully, we’ll be able to expand it outside these boundaries, as well.”

The city, she said, could definitely improve its walkability scores.

“You’re going to see that improve, where you’re a little less afraid to be on the sidewalk or a little less afraid to maybe ride your bike,” Sams said. “Because when the Mill Line opens soon, I think that’s just going to inspire people to be like ‘I just want to be out more.’”

CNN —

A Whitfield County grand jury has indicted five Department of Juvenile Justice employees in connection with an August 2022 in-custody death at the Dalton Youth Detention Center, according to a news release from the Georgia Bureau of Investigation (GBI).

The indictments were issued Monday, just over a year after 16-year-old Alexis Sluder of Ellijay, Georgia, died while in custody at the Dalton Youth Detention Center, the release stated. Dalton, Georgia, is located approximately 30 miles south of Chattanooga, Tennessee.

According to GBI, the five people charged include the detention center director, David McKinney. McKinney is facing one count of second-degree cruelty to children. Also named in the indictment were Sergeant Maveis Brooks, Officer Rebecka Phillips and Cadet Russell Ballard, who were all charged with two counts of first-degree cruelty to children and one count of second-degree cruelty to children, according to the release. A fifth person, Monica Headrick, a nurse at the Dalton facility was also charged with one count of second-degree cruelty to children.

According to the indictment, the defendants in this case are accused of “maliciously causing Alexis Marie Sluder, a child under the age of 18 years, cruel and excessive physical pain by depriving said child of the necessary medical care she needed while in the lawful custody of said defendants by not contacting emergency medical authorities in a timely manner.”

The Georgia Department of Juvenile Justice (DJJ) said it “is committed to the well-being and safety of the individuals entrusted to our care. We remain deeply saddened by this tragic incident and continue to hold heartfelt thoughts and prayers for the family of the deceased.”

Whitfield County Coroner Greg Bates told CNN affiliate WTVC last year that Sluder had only been at the detention facility less than 24 hours prior to her death. Bates said the teen was transferred from Gilmer County Friday night prior to the incident. Bates also stated that Sluder became unresponsive while at the Dalton Youth Detention Center and was rushed to a local hospital where she was pronounced dead early Saturday morning.

Authorities have not released an official cause of death for the teen, however in a statement to WTVC at the time, Georgia Department of Juvenile Justice Commissioner Tyrone Oliver said the victim had an adverse reaction to an illegal substance she had ingested prior to being admitted to the facility.

“We are all saddened by the passing of this youth here at DJJ. We send our deepest condolences to the youth’s family and our Dalton Detention Center Staff,” Oliver said.

The Whitfield County District Attorney’s Office is prosecuting this case, according to the GBI release. When contacted by CNN, a spokesperson for the DA’s office said they would not be making any comment on this case.

Dalton High School's swim team took first place in a meet in its home pool over the weekend, securing first in both boys and girls standings to take the overall title at the North Georgia Regions meet.

Dalton won an event filled with local competitors. Dalton's 513 overall team points more than doubled second-place Habersham Central at 251.

Coahulla Creek took third in girls and fifth in boys to grab a fourth-place overall finish in combined scores. Northwest Whitfield was third in boys and sixth in girls to take fifth place in combined scores. Southeast was sixth in boys and ninth in girls, finishing ninth overall. The new program at Dalton Academy fields just two swimmers and finished 10th in girls and 11th in boys, taking 11th place in the 11-team field.

For Dalton, the boys 200-yard relay team of Franco Valdez, Luc Chenard, Francis Cuaresma and Peyton Bearden grabbed first place. Alejandro Paniagua finished third in boys 200-yard freestyle. Dalton went one, two, three in the boys 200-yard individual medley. Valdez took first, Cuaresma was second and Chenard was third. Bearden was first and Braxton Johnson second in boys 50-yard freestyle. Cuaresma was first and Paniagua third in boys 100-yard butterfly. Dalton took the top three again in boys 100-yard freestyle, with Bearden first, Johnson second and Julio Pinacho Cruz third. Jackson Callaway finished first in boys 500-yard freestyle. Two different Dalton squads finished one and two in boys 200-yard freestyle relay. Johnson, Chenard, Pinacho Cruz and Paniagua were on the team that finished first, and Seth Beam, Callaway, Holden Horn and Avery Loftis finished second. Valdez was first in boys 100-yard backstroke. Chenard and Loftis went one, two in boys 100-yard breaststroke. The boys 400-yard freestyle relay team (Bearden, Cuaresma, Johnson and Valdez) finished first, and another Dalton squad (Callaway, Pinacho Cruz, Paniagua and Kenneth Escobar) finished third. Seth Beam was second and Charlie Anderson finished second and third in boys 1-meter diving.

Dalton's AmyLynn Hoeng won the girls 200-yard freestyle and girls 500-yard freestyle. Rebecca Rios was second in girls 200-yard individual medley, while Melissa Rios was third in the event. Georgia Grace Brackett took first in girls 50-yard freestyle and first in girls 100-yard freestyle. Rebecca Rios finished second in girls 100-yard butterfly. The girls 200-yard freestyle relay team of Brackett, Hoeng, Rios and Rios finished first. Melissa Rios finished second in girls 100-yard backstroke. Leola Bethel took second place in girls 100-yard breaststroke. The girls 400-yard freestyle relay team, made up of Brackett, Hoeng, Rios and Rios, took first. Maddie Breeden was second in girls 1-meter diving.

Coahulla Creek's Jonah Ogas took second place in boys 200-yard freestyle and third in boys 100-yard backstroke, qualifying for the GHSA state meet with the latter result. Coahulla Creek's girls 200-yard medley relay team of Anna-Kate Gordon, Teyah Riegel, Hope Miller and Ella Foster took second. McKinley Floyd was third in girls 100-yard backstroke. Riegel was third in girls 100-yard breaststroke. Floyd, Foster, Miller and Riegel finished third in girls 400-yard freestyle relay, setting a new school record.

Northwest Whitfield's 200-yard medley relay team of Gillilan Ainsley, Havyn Gleaton, Natalie Edds and Leila Triana finished third. Matthew Owen was fourth in boys 200-yard individual medley and boys 100-yard backstroke, and Edds was third in girls 200-yard individual medley. Cyrus McGuire took third in boys 500-yard freestyle.

Southeast Whitfield's Boys 200-yard medley relay squad, consisting of Jake Hastey, Gio Alvarez, Hunter Summers and Tony Munoz, finished fourth. The boys 200-yard freestyle relay team of Hastey, Summers, Munoz and Isaac Lopez finished third.

The Dalton Academy's Luke Mederios finished fifth in both boys 200-yard individual medley and boys 100-yard freestyle, accounting for 16 points in the team standings. Chloe Phillips, the only other Puma swimmer, qualified for the finals in girls 200-yard freestlye, finishing 11th.

Editor's Note: The Dalton Daily Citizen's high school sports coverage is powered by the reporting of game results by the coaching staffs at each local school. To submit results from high school sporting events for publication, coaches are encouraged to send an email to sports@dailycitizen.news or leave a voicemail for the sports desk at 706-272-7742.