Family members of a father of four killed at a south Fulton County Waffle House have sued the restaurant chain and a cook accused of shooting him.

Adrian Mosley, a former truck driver, was shot to death in June 2014 at the Waffle House restaurant on Fulton Industrial Boulevard. Quintavius Martin, who was an on-duty cook, fatally shot Mosley during an argument, The Atlanta Journal-Constitution reported.

A “verbal altercation” occurred between Martin and Mosley, Fulton police spokeswoman Cpl. Kay Lester said at the time. “At some point, the male employee retrieved a weapon and fired upon the customer.” Mosley died at the scene.

“It was murder,” family attorney L. Chris Stewart said at a Thursday news conference announcing the suit. “Plain and simple.”

The family is resorting to a civil suit because they feel like they didn’t get justice from the Fulton district attorney’s office. Charges against Martin were eventually dropped, Stewart said.

The lawsuit, filed Wednesday in Fulton County State Court, accused the restaurant chain and the employee of wrongful death and negligence.

Mosley’s family members are seeking punitive and compensatory damages, according to the lawsuit, as well as burial and medical costs. No specific dollar amount of damages was requested.

Waffle House “breached their duty to exercise ordinary and diligent care for the safety and protection of its guests and tenants,” the lawsuit said.

Waffle House spokeswoman Kelly Thrasher-Bruner said Wednesday that the company does not comment on pending litigation.

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