On August 26, 2021 a
Answer
was filed
involving a dispute between
Queen F Harris,
and
Michael Howell,
for TORT-M.V. ACCIDENT
in the District Court of Cuyahoga County.
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NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
ANSWER OF...
September 22,2021 09:37
By: IAMBS M. LYONS 0023500
Confirmation Nbr. 2356747
QUEEN E HARRIS CV 21 952273
vs.
Judge: BRIAN I. CORRIGAN
MICHAEL HOWELL
Pages Filed: 3
Electronically Filed 09/22/202109:37/ANSWERS / CV 21 952273 / Confirmation Nbr. 2356747 / BATCH
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
QUEEN F. HARRIS, ) CASE NO. CV 21 952273
)
Plaintiff, ) JUDGE BRIAN J. CORRIGAN
)
vs. )
)
MICHAEL HOWELL ) ANSWER OF DEFENDANT
) MICHAEL HOWELL
Defendant. )
) JURY DEMAND ENDORSED HEREON
Now comes Defendant, Michael Howell, and for his answer to Plaintiff's Complaint
states as follows:
1. Defendant is without knowledge regarding the allegations contained in Paragraph
1 of Plaintiff's Complaint.
2. Defendant denies the allegations contained in Paragraph 2 of Plaintiff's
Complaint.
3. Defendant denies the allegations contained in Paragraph 3 of Plaintiff's
Complaint.
4. All allegations of Plaintiff's Complaint not expressly herein admitted as true are
denied.
FIRST DEFENSE
5. To the extent applicable, Defendant preserves the defense of comparative
negligence and if applicable, Plaintiff's recovery, if any, should be reduced and/or barred.
Electronically Filed 09/22/202109:37 / ANSWERS / CV 21 952273 / Confirmation Nbr. 2356747 / BATCH
SECOND DEFENSE
6. To the extent applicable, Defendant preserves the defense of failure to mitigate
and if applicable, Plaintiff's recovery should be reduced and/or barred.
THIRD DEFENSE
7. To the extent applicable, Defendant hereby preserves the defense of failure to join
necessary and indispensable parties and, if applicable, Plaintiffs Complaint should be dismissed.
FOURTH DEFENSE
8. To the extent applicable, Defendant preserves the defense of superseding and
intervening causes.
FIFTH DEFENSE
9. To the extent applicable, Defendant states that if Plaintiff sustained injury or
damage, such injury or damage was proximately caused by the negligence or other culpable conduct
of persons or entities other than this Defendant, regardless of whether or not a party at the time of
trial. Each such person’s fault is to be determine by the jury pursuant to R.C. §2307.23(A).
SIXTH DEFENSE
10. To the extent applicable, there has been a failure of service of process.
SEVENTH DEFENSE
11. To the extent applicable, there has been an insufficiency of service of process.
WHEREFORE, Defendant, Michael Howell, demands judgment in his favor and that
Plaintiff’s Complaint be dismissed. Defendant further demands all costs of this action.
Respectfully submitted,
/s/James M. Lyons, Jr., Esq._______________
James M. Lyons, Jr., Esq. (#0023500)
HANNA, CAMPBELL & POWELL, LLP
3737 Embassy Parkway, Suite 100
Electronically Filed 09/22/202109:37 / ANSWERS / CV 21 952273 / Confirmation Nbr. 2356747 / BATCH
Akron, Ohio 44333
Ofc.: 330-670-7319
Fax: 330-670-7449
Email: jlyons@hcplaw.net
Counselfar Defendant Michael Howell
JURY DEMAND
A trial by jury is hereby demanded on all issues.
/s/James M. Lyons, Jr., Esq.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the foregoing Answer was sent via email
and/or regular U.S. mail pursuant to Civil Rule 5(b)(2) this 22nd day of September, 2021, to:
Brian P. Scherf Counselfor Plaintiff
Sergey K. Kats
675 Northfield Road
Bedford, OH 44146
Email: docketing@katslaw.com
/s/James M. Lyons, Jr., Esq.______
James M. Lyons, Jr., Esq. (#0023500)
<>
Electronically Filed 09/22/202109:37 / ANSWERS / CV 21 952273 / Confirmation Nbr. 2356747 / BATCH
Document Filed Date
September 22, 2021
Case Filing Date
August 26, 2021
Category
TORT-M.V. ACCIDENT
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NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas ANSWER OF... September 22,2021 09:37 By: IAMBS M. LYONS 0023500 Confirmation Nbr. 2356747 QUEEN E HARRIS CV 21 952273 vs. Judge: BRIAN I. CORRIGAN MICHAEL HOWELL Pages Filed: 3 Electronically Filed 09/22/202109:37/ANSWERS / CV 21 952273 / Confirmation Nbr. 2356747 / BATCH IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO QUEEN F. HARRIS, ) CASE NO. CV 21 952273 ) Plaintiff, ) JUDGE BRIAN J. CORRIGAN ) vs. ) ) MICHAEL HOWELL ) ANSWER OF DEFENDANT ) MICHAEL HOWELL Defendant. ) ) JURY DEMAND ENDORSED HEREON Now comes Defendant, Michael Howell, and for his answer to Plaintiff's Complaint states as follows: 1. Defendant is without knowledge regarding the allegations contained in Paragraph 1 of Plaintiff's Complaint. 2. Defendant denies the allegations contained in Paragraph 2 of Plaintiff's Complaint. 3. Defendant denies the allegations contained in Paragraph 3 of Plaintiff's Complaint. 4. All allegations of Plaintiff's Complaint not expressly herein admitted as true are denied. FIRST DEFENSE 5. To the extent applicable, Defendant preserves the defense of comparative negligence and if applicable, Plaintiff's recovery, if any, should be reduced and/or barred. Electronically Filed 09/22/202109:37 / ANSWERS / CV 21 952273 / Confirmation Nbr. 2356747 / BATCH SECOND DEFENSE 6. To the extent applicable, Defendant preserves the defense of failure to mitigate and if applicable, Plaintiff's recovery should be reduced and/or barred. THIRD DEFENSE 7. To the extent applicable, Defendant hereby preserves the defense of failure to join necessary and indispensable parties and, if applicable, Plaintiffs Complaint should be dismissed. FOURTH DEFENSE 8. To the extent applicable, Defendant preserves the defense of superseding and intervening causes. FIFTH DEFENSE 9. To the extent applicable, Defendant states that if Plaintiff sustained injury or damage, such injury or damage was proximately caused by the negligence or other culpable conduct of persons or entities other than this Defendant, regardless of whether or not a party at the time of trial. Each such person’s fault is to be determine by the jury pursuant to R.C. §2307.23(A). SIXTH DEFENSE 10. To the extent applicable, there has been a failure of service of process. SEVENTH DEFENSE 11. To the extent applicable, there has been an insufficiency of service of process. WHEREFORE, Defendant, Michael Howell, demands judgment in his favor and that Plaintiff’s Complaint be dismissed. Defendant further demands all costs of this action. Respectfully submitted, /s/James M. Lyons, Jr., Esq._______________ James M. Lyons, Jr., Esq. (#0023500) HANNA, CAMPBELL & POWELL, LLP 3737 Embassy Parkway, Suite 100 Electronically Filed 09/22/202109:37 / ANSWERS / CV 21 952273 / Confirmation Nbr. 2356747 / BATCH Akron, Ohio 44333 Ofc.: 330-670-7319 Fax: 330-670-7449 Email: jlyons@hcplaw.net Counselfar Defendant Michael Howell JURY DEMAND A trial by jury is hereby demanded on all issues. /s/James M. Lyons, Jr., Esq. CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the foregoing Answer was sent via email and/or regular U.S. mail pursuant to Civil Rule 5(b)(2) this 22nd day of September, 2021, to: Brian P. Scherf Counselfor Plaintiff Sergey K. Kats 675 Northfield Road Bedford, OH 44146 Email: docketing@katslaw.com /s/James M. Lyons, Jr., Esq.______ James M. Lyons, Jr., Esq. (#0023500) <> Electronically Filed 09/22/202109:37 / ANSWERS / CV 21 952273 / Confirmation Nbr. 2356747 / BATCH