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NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
REQUEST FOR SERVICE
July 11,2022 11:01
By: JOSEPH J. DARWAL 0092456
Confirmation Nbr. 2597527
ADEBANJO ALATISE CV 22 964769
vs.
Judge: DANIEL GAUL
MIDWEST ENTERTAINMENT VENTURE, LLC, ET AL.
Pages Filed: 10
Electronically Filed 07/11/2022 11:01 / SERVICE / CV 22 964769 / Confirmation Nbr. 2597527 / CLCMF
Common Pleas Court of Cuyahoga County, Ohio
Nailah K. Byrd, Clerk of Courts
INSTRUCTIONS FOR SERVICE
Adebanjo Alatise Case Number cv-j?2-964769
Plaintiff(s)
Judge: Daniel Gaul
Vs.
Midwest Entertainment Venture, LLC, et al. Date: 7/11/22
Defendants(s)
Method of Service Requested:
Certified Mail Servicel | Ordinary Mail Service Federal Express Service | |
«
i
Personal Service by the Sheriff of County
Residence Service by the Sheriff of County
Personal Service By Process Server
Residence Service by Process Server
Ngme(s) and Address(es) of Parties to Serve:
Park Social Lounge, JasmineTorres, Manager, 1299 W. 9th St, Cleveland, OH 44113
^Additional Instructions:
Please Serve the above Defendants with the Complaint via regular U.S. mail
Filing Party Name:Joseph J- Darwal Supreme Court ID if applicable: 0092456
Phone Number: 216-529-9377
For Use by Sheriff or Process Server Only
Number of Service Attempts:
Address for Service if Different from address included above:
Electronically Filed 07/11/2022 11:01 / SERVICE / CV 22 964769 / Confirmation Nbr. 2597527 I CLCMF
NAILAHK. BYRD i
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street j
Cleveland, Ohio 44113 F
Court of Common Pleas
New Case Electronically Filed: COMPLAINT
-------- .Tunc 15,2022 15:21--------------------- 1
i
By: JOSEPH J. DARWAL 0092456 Fi
Cunliriiialiuii Nbr. 2577364
ADEBANJO ALATISE CV 22964769 t
1
J
vs. i
Judge-DAN I EL CALL L
MIDWEST ENTERTAINMENT VENTURE, LLC, ET AL.
I
f
i
Pages Filed: 8 ■
SEKVCE/1CV£2188476@1/ CtohWtMMaeOWWtfr/ 2597527 / CLCMF
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
ADEBANJO ALATISE ) CASE NO.
365 E. 262nd Street
)
Euclid, Ohio 44132, ) JUDGE
)
Plaintiff, ) COMPLAINT i
r
) I
-vs- ) (Jury Demand Endorsed Hereon)
)
MIDWEST ENTERTAINMENT L
)
VENTURE, LLC d/b/a )
THE PARK SOCIAL LOUNGE )
c/o John Torres, Statutory Agent )
12840 Big Creek Ridge Drive )
Chardon, Ohio 44024, J_________________ tL
) 1
I
and )
i
)
PARK SOCIAL LOUNGE ITC__ )-----------------
c/o Burton Lawrence Restaurant )
Enterprises, Inc., Statutory Agent )
35910 Brushwood Drive )
Solon, Ohio 441.39 )
)
---- and- —•----- ■--- t— - --- ------- ---
)
THE PARK SOCIAL LOUNGE )
c/o Midwst Entertainment Venture, )
LLC, Statutory Agent )
1299 W. 9th Street
)
Cleveland, Ohio 44113
QBRAL, SILK
and
&
ML, LLC
ATrORM! ¥8 AT t, AW
55 AibHn S*pKirB
thHk fj-nm
CtawtalQlifo
2IG-LAWYURS
Electronica lly Filed 03/15/2022 15:01 / SERVJCEer-sCVfEe^erffFieeErtConfilrmatfOn^Nbr./aSBIZBffT I CLCMF
1299 W. 9th, LLC )
c/o ACFB INCORPORATED, )
Statutory Agent )
200 Public Square, Suite 2300 )
Cleveland, Ohio 44114, )
)
and )
)
JOHN DOES #140 )
WHOSE EXACT IDENTITY CANNOT )
BE ASCERTAINED AT PRESENT, )
)
Defendants. )
ftftftftftftftftftftft ftftftftftAftftftftftftftftftftftftftftftftftftftftftftftftftft
Now comes the Plaintiff, Adebanjo Alatise, by and through undersigned counsel, and
for his Complaint states as follows:
1. All activities giving rise to this Complaint occurred within the City of Cleveland, County
■i
-- of Cuyahoga and State of Ohio,------------------------------------
2. At all times relevant hereto, the Plaintiff resided at the address captioned above in Cuyahoga
County, Ohio.
E
Park Social Lounge was a for-profit corporation located in Cuyahoga County, Ohio.
!
4. At all times relevant hereto, Park Social Lounge LLC was a for-profit corporation i
i
located in Cuyahoga County, Ohio.
5. At all times relevant hereto, The Park Social Lounge was a for-profit corporation
1
CBRAL, SILK
&
PAL, LLC
ATIUUNHY^ATLAW located in Cuyahoga County, Ohio
SSJWilta bcpuiic
Clclnlsm^ Olio 4411 i
3lG-LA¥VYimB 6, At all times relevant hereto, Defendant 1299 W. 9ltl, LLC was the owner of the property
Filed 0711/2022 11:01 I SERVCEg-CVS20527507 I CLCMF
located at 1299 W. 9th Street, located in Cuyahoga County, Ohio.
7. Venue in Cuyahoga County is proper under Ohio Law.
COUNT I; CLAIM OF ADEBANJO ALATISE
8. Plaintiff incorporates the facts and allegations contained in paragraphs 1through 7 as if
fully rewritten herein.
9. Plaintiff states that on June 19, 2021 he was an invitee at Defendant The Park Social
Lounge.
10. Plaintiff states that on June 19,2021, the business named Park Social Lounge is owned and
operated by Defendant Midwest Entertainment Venture, LLC, and/or Defendant Park
Social Lounge LLC, and/or Defendant The Park Social Lounge, and/or Defendant 1299 W.
9th, LLC collectively referred to as “Defendants Park Social Lounge”,
11. Plaintiff further states that on said date. Defendant John Does 1-10, who were in the scope
—of their employment with Defendants Park Social Lounge, throw Plaintiff over a railing.
Upon information and belief. Defendant John Does 1-10 are/were employed by Defendants
in various capacities including security “bouncers,”
-5
and reckless acts of the Defendant John Does 1-10, he sustained injuries to his person;
experienced pain, suffering and disability.
13. Plaintiff believes that his injuries are significant and permanent in nature and that he will
continue to experience pain, suffering and disability and incur further medical expenses for
OBRAL, SILK
Ik
PAL, LLC his care and treatment.
ATT0KNEYSATI.AW
55 Public Square
SiilfeNl^OU
Cl«WUblil,0hIb>HII5
Ufi-IAW™
Electronic: iy Filed 00/15/2022 15:21 I SERVCEt/CV 2 (964769tftConfltmaiSntHM (2397507 I CLCMF
1
COUNT II: RESPONDEAT SUPERIOR AND AGENCY
14. Plaintiff incorporates the facts and allegations contained in paragraphs 1 through 13 as if
fully rewritten herein.
15. Plaintiff states that Defendant John Does 1-10 committed the negligent, willful, wanton and
reckless acts while in the course and scope of their employment and/or agent with
Defendants Park Social Lounge and, therefore, Defendants Park Social Lounge are 1
i
responsible for the negligent, willful, wanton and reckless acts pf Defendant John Does 1
10.
16. Plaintiff further states that as a direct and proximate result of the negligent, willfill, wanton
and reckless acts of the Defendant John Does 1-10 while in the course and scope of the
--- F
employment and/or agency with Defendants Park Social Lounge, he sustained injuries to
t
17. Plaintiff believes that his injuries are significant and permanent in nature and that he will
continue to experience pain, suffering and disability and incur further medical expenses for
i
1
— Wrjare^and^eatoeift:------- ’ ““ . *
i
E
COUNT III: NEGLIGENT HIRING.
SUPERVISION. TRAINING AND RETENTION:
i
18. Plaintiff incorporates the facts and allegations contained in paragraphs 1 through 17 as if
j
fully rewritten herein. L
OBRAL. SILK i
& 19. At all times relevant herein. Defendant John Does 1-10 were employed and/or was
PAU LLC
AlTOKNmAJl.AW
Ki4taiKi> otherwise an employee of Defendants Park Social Lounge. Further, at all times relevant
tlfnwland, Ohls 44113
21G-LAWY1II13
4.
^^3/07/11/20221 11201 //SERVICED CV m6flr7®atfc®dtitirtfa&i5fl3Elbr/ (2697527 / CLCMF
herein, Defendant John Does 1-10 acting within the course and scope of their employment
at the time of the conduct and actions causing the injuries alleged herein.
20. Plaintiff believes and therefore avers, that during all times relevant herein:
a. There existed an employment relationship between die Defendants Park Social
Lounge and Defendant John Does 1-10;
i
b. That the employee John Does 1-10 was incompetent; I'
1
1
t1
c. That the Defendants Park Social Lounge had actual and/or constructive
knowledge of John Does 1-10’s incompetence;
d. That the Defendant John Does 1-10’s acts or omissions caused the Plaintiff’s
injuries as alleged herein;
e. Defendants Park Social Lounge, as the employer of John Doe 1-10. were
negligent in hiring or retaining the employee/defendant, John Doe; and
f. That thn pmnlnvpr\ »n<4 PimnlrwrAA’c tiAcrlipfcner was a nrcximatfl nanfia ni'thp— i
Plaintiff’s injuries.
21, The Plaintiff further states that the Defendants Park Social Lounge had a duty to properly
j
^_ evttluate;screeirrandmi>14l]3
llfr-I.AWVfSHK constructive knowledge of that incompetence.
5.
Electronic lly Filed 07/18202218:01 / SERVICE6'/Ci0$2/96i4ff’69/Cn^fcmatinnNb»./25BE®27 / CLCMF
24. The Defendants Park Social Lounge were negligent and/or reckless in ignoring Defendant
John Does 1-10’s incompetence.
25. As a direct and proximate result of the Defendants Park Social Lounge’s negligent and or
reckless, willful/wanton conduct in hiring, supervision and retention of its employees such
as Defendant John Does 1 -10, the Plaintiff sustained injuries and damages as previously set
forth herein.
26. As a direct and proximate result of the Defendants’ negligence as stated herein, the Plaintiff
sustained serious and lasting injuries to his mind and body; experienced pain, suffering,
disability and mental anguish, and has incurred and will continue to incur medical expenses
for his care and attention.
COUNT’ IV: CLAIM AGAINST JOHN DOE DEFENDANTS
27. Plaintiff incorporates the facts and allegations contained in paragraphs 1 through 26 as if
-- hilly rewritten herein.--------------------------------------------
28. Defendant John Does 1-10 are individuals whose names and addresses are presently
unknown and could not be discovered prior to the filing of this Complaint with reasonable
™Hnd=duediligenee?'l4icPlaintifl'statcsthatthe^coiTdiictofithe-Johnr)oe^Dufendmitsntray^=
have caused or contributed to the injury complained of and forming the basis of this
Complaint and for which contribution may be apportioned. If, in fact, evidence discloses a
claim to be asserted against on or more of the John Doe Defendants, the Complaint will be
OBRAL, SILK
amended pursuant to applicable Rule of Civil Procedure upon identification of such
A
PAU LLC
ATTDBW8A71.AYJ individual or entity.
S3- PubHs Square
SUM I TOO
CkvfilMJ,ai£o44l 13
2-ICi-l.AWYBRS
6.
Eleetroniei ly Filed 07/11/2022 11:21 / ?ERVCE&CV 2 tg&ffiGft/tCanfiimlion' / clcmf
COUNT VI: PUNITIVE DAMAGES
29. Plaintiff incorporates the facts and allegations contained in paragraphs 1 through 28 as if
fully rewritten herein.
30. Defendant John Does 1-10’s behavior on June 19, 2021 demonstrated, by clear and
convincing evidence, that their actions showed willful misconduct, malice, wantonness,
oppression or the entire want of care which would raise the presumption of conscious 1
- -
indifference to consequences. £
31. Further, the behavior of Defendant John Does 1-10 on June 19, 2021, demonstrates that i-
they acted with the specific intent to cause harm such that there is no limitation regarding
i
the amount which may be awarded as punitive damages against Defendant John Does 1-10. t-
j-
WHEREFORE, Plaintiff prays for judgment against Defendants, jointly and severally,
i
for compensatory damages in an amount in excess of TWENTY-FIVE THOUSAND
|=
DOLLARS ($25,000); punitive damages in an amount in excess of TWENTY-FIVE i
!
THOUSAND DOLLARS ($25,000); together with interest, costs, reasonable attorney fees and
any other such legal and equitable relief deemed just and appropriate.
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1
j
JOSEPH J. DARWAL (0092456)
OBRAL, SILK & PAL, LLC
OBRAL.SI1K
55 Public Square, Suite 1700
& Cleveland, Ohio 44113
PAL, LLC
ATTORNEYS AT LAW (216) LAWYERS (529-9377)
S5 Fuhlk
Sutofli™ (216) 696-3228 - Facsimile
CkwAuidOHkiMIIJ
116-LAWYIiRS idarwalO12161awvers.com
7.
Electronic Illy Riled 0/0/2022 SERVICE=/4CV22C9atf7a®/tiC®nfijmaEiJniMbt/2997527 / CLCMF
JURY DEMAND
The Plaintiff respectfully requests a trial by the maximum number of jurors permitted
by Ohio Law. ”
JOSEPH J. DARWAL (0092456)"
ATTORNEY FOR PLAINTIFF
OBRAL, SILK & PAL, LLC
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1
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OBRAL.SJLK
Jt !
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PAL, LLC
ATTOHNHYSaTlaw i
55 Puldtc Stpam
MiVITM
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CteVcInnrl, (Hn44l 13
E
216-LAWYIKS j
8.
Electronic lly Filed 05/13/2022 13:01 / S£WVICE0'CV©2Q64ff89rtCnnfltamSt6OnNbt./25eEE27 / CLCMF
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Preview
NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas REQUEST FOR SERVICE July 11,2022 11:01 By: JOSEPH J. DARWAL 0092456 Confirmation Nbr. 2597527 ADEBANJO ALATISE CV 22 964769 vs. Judge: DANIEL GAUL MIDWEST ENTERTAINMENT VENTURE, LLC, ET AL. Pages Filed: 10 Electronically Filed 07/11/2022 11:01 / SERVICE / CV 22 964769 / Confirmation Nbr. 2597527 / CLCMF Common Pleas Court of Cuyahoga County, Ohio Nailah K. Byrd, Clerk of Courts INSTRUCTIONS FOR SERVICE Adebanjo Alatise Case Number cv-j?2-964769 Plaintiff(s) Judge: Daniel Gaul Vs. Midwest Entertainment Venture, LLC, et al. Date: 7/11/22 Defendants(s) Method of Service Requested: Certified Mail Servicel | Ordinary Mail Service Federal Express Service | | « i Personal Service by the Sheriff of County Residence Service by the Sheriff of County Personal Service By Process Server Residence Service by Process Server Ngme(s) and Address(es) of Parties to Serve: Park Social Lounge, JasmineTorres, Manager, 1299 W. 9th St, Cleveland, OH 44113 ^Additional Instructions: Please Serve the above Defendants with the Complaint via regular U.S. mail Filing Party Name:Joseph J- Darwal Supreme Court ID if applicable: 0092456 Phone Number: 216-529-9377 For Use by Sheriff or Process Server Only Number of Service Attempts: Address for Service if Different from address included above: Electronically Filed 07/11/2022 11:01 / SERVICE / CV 22 964769 / Confirmation Nbr. 2597527 I CLCMF NAILAHK. BYRD i CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street j Cleveland, Ohio 44113 F Court of Common Pleas New Case Electronically Filed: COMPLAINT -------- .Tunc 15,2022 15:21--------------------- 1 i By: JOSEPH J. DARWAL 0092456 Fi Cunliriiialiuii Nbr. 2577364 ADEBANJO ALATISE CV 22964769 t 1 J vs. i Judge-DAN I EL CALL L MIDWEST ENTERTAINMENT VENTURE, LLC, ET AL. I f i Pages Filed: 8 ■ SEKVCE/1CV£2188476@1/ CtohWtMMaeOWWtfr/ 2597527 / CLCMF IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO ADEBANJO ALATISE ) CASE NO. 365 E. 262nd Street ) Euclid, Ohio 44132, ) JUDGE ) Plaintiff, ) COMPLAINT i r ) I -vs- ) (Jury Demand Endorsed Hereon) ) MIDWEST ENTERTAINMENT L ) VENTURE, LLC d/b/a ) THE PARK SOCIAL LOUNGE ) c/o John Torres, Statutory Agent ) 12840 Big Creek Ridge Drive ) Chardon, Ohio 44024, J_________________ tL ) 1 I and ) i ) PARK SOCIAL LOUNGE ITC__ )----------------- c/o Burton Lawrence Restaurant ) Enterprises, Inc., Statutory Agent ) 35910 Brushwood Drive ) Solon, Ohio 441.39 ) ) ---- and- —•----- ■--- t— - --- ------- --- ) THE PARK SOCIAL LOUNGE ) c/o Midwst Entertainment Venture, ) LLC, Statutory Agent ) 1299 W. 9th Street ) Cleveland, Ohio 44113 QBRAL, SILK and & ML, LLC ATrORM! ¥8 AT t, AW 55 AibHn S*pKirB thHk fj-nm CtawtalQlifo 2IG-LAWYURS Electronica lly Filed 03/15/2022 15:01 / SERVJCEer-sCVfEe^erffFieeErtConfilrmatfOn^Nbr./aSBIZBffT I CLCMF 1299 W. 9th, LLC ) c/o ACFB INCORPORATED, ) Statutory Agent ) 200 Public Square, Suite 2300 ) Cleveland, Ohio 44114, ) ) and ) ) JOHN DOES #140 ) WHOSE EXACT IDENTITY CANNOT ) BE ASCERTAINED AT PRESENT, ) ) Defendants. ) ftftftftftftftftftftft ftftftftftAftftftftftftftftftftftftftftftftftftftftftftftftftft Now comes the Plaintiff, Adebanjo Alatise, by and through undersigned counsel, and for his Complaint states as follows: 1. All activities giving rise to this Complaint occurred within the City of Cleveland, County ■i -- of Cuyahoga and State of Ohio,------------------------------------ 2. At all times relevant hereto, the Plaintiff resided at the address captioned above in Cuyahoga County, Ohio. E Park Social Lounge was a for-profit corporation located in Cuyahoga County, Ohio. ! 4. At all times relevant hereto, Park Social Lounge LLC was a for-profit corporation i i located in Cuyahoga County, Ohio. 5. At all times relevant hereto, The Park Social Lounge was a for-profit corporation 1 CBRAL, SILK & PAL, LLC ATIUUNHY^ATLAW located in Cuyahoga County, Ohio SSJWilta bcpuiic Clclnlsm^ Olio 4411 i 3lG-LA¥VYimB 6, At all times relevant hereto, Defendant 1299 W. 9ltl, LLC was the owner of the property Filed 0711/2022 11:01 I SERVCEg-CVS20527507 I CLCMF located at 1299 W. 9th Street, located in Cuyahoga County, Ohio. 7. Venue in Cuyahoga County is proper under Ohio Law. COUNT I; CLAIM OF ADEBANJO ALATISE 8. Plaintiff incorporates the facts and allegations contained in paragraphs 1through 7 as if fully rewritten herein. 9. Plaintiff states that on June 19, 2021 he was an invitee at Defendant The Park Social Lounge. 10. Plaintiff states that on June 19,2021, the business named Park Social Lounge is owned and operated by Defendant Midwest Entertainment Venture, LLC, and/or Defendant Park Social Lounge LLC, and/or Defendant The Park Social Lounge, and/or Defendant 1299 W. 9th, LLC collectively referred to as “Defendants Park Social Lounge”, 11. Plaintiff further states that on said date. Defendant John Does 1-10, who were in the scope —of their employment with Defendants Park Social Lounge, throw Plaintiff over a railing. Upon information and belief. Defendant John Does 1-10 are/were employed by Defendants in various capacities including security “bouncers,” -5 and reckless acts of the Defendant John Does 1-10, he sustained injuries to his person; experienced pain, suffering and disability. 13. Plaintiff believes that his injuries are significant and permanent in nature and that he will continue to experience pain, suffering and disability and incur further medical expenses for OBRAL, SILK Ik PAL, LLC his care and treatment. ATT0KNEYSATI.AW 55 Public Square SiilfeNl^OU Cl«WUblil,0hIb>HII5 Ufi-IAW™ Electronic: iy Filed 00/15/2022 15:21 I SERVCEt/CV 2 (964769tftConfltmaiSntHM (2397507 I CLCMF 1 COUNT II: RESPONDEAT SUPERIOR AND AGENCY 14. Plaintiff incorporates the facts and allegations contained in paragraphs 1 through 13 as if fully rewritten herein. 15. Plaintiff states that Defendant John Does 1-10 committed the negligent, willful, wanton and reckless acts while in the course and scope of their employment and/or agent with Defendants Park Social Lounge and, therefore, Defendants Park Social Lounge are 1 i responsible for the negligent, willful, wanton and reckless acts pf Defendant John Does 1 10. 16. Plaintiff further states that as a direct and proximate result of the negligent, willfill, wanton and reckless acts of the Defendant John Does 1-10 while in the course and scope of the --- F employment and/or agency with Defendants Park Social Lounge, he sustained injuries to t 17. Plaintiff believes that his injuries are significant and permanent in nature and that he will continue to experience pain, suffering and disability and incur further medical expenses for i 1 — Wrjare^and^eatoeift:------- ’ ““ . * i E COUNT III: NEGLIGENT HIRING. SUPERVISION. TRAINING AND RETENTION: i 18. Plaintiff incorporates the facts and allegations contained in paragraphs 1 through 17 as if j fully rewritten herein. L OBRAL. SILK i & 19. At all times relevant herein. Defendant John Does 1-10 were employed and/or was PAU LLC AlTOKNmAJl.AW Ki4taiKi> otherwise an employee of Defendants Park Social Lounge. Further, at all times relevant tlfnwland, Ohls 44113 21G-LAWY1II13 4. ^^3/07/11/20221 11201 //SERVICED CV m6flr7®atfc®dtitirtfa&i5fl3Elbr/ (2697527 / CLCMF herein, Defendant John Does 1-10 acting within the course and scope of their employment at the time of the conduct and actions causing the injuries alleged herein. 20. Plaintiff believes and therefore avers, that during all times relevant herein: a. There existed an employment relationship between die Defendants Park Social Lounge and Defendant John Does 1-10; i b. That the employee John Does 1-10 was incompetent; I' 1 1 t1 c. That the Defendants Park Social Lounge had actual and/or constructive knowledge of John Does 1-10’s incompetence; d. That the Defendant John Does 1-10’s acts or omissions caused the Plaintiff’s injuries as alleged herein; e. Defendants Park Social Lounge, as the employer of John Doe 1-10. were negligent in hiring or retaining the employee/defendant, John Doe; and f. That thn pmnlnvpr\ »n<4 PimnlrwrAA’c tiAcrlipfcner was a nrcximatfl nanfia ni'thp— i Plaintiff’s injuries. 21, The Plaintiff further states that the Defendants Park Social Lounge had a duty to properly j ^_ evttluate;screeirrandmi>14l]3 llfr-I.AWVfSHK constructive knowledge of that incompetence. 5. Electronic lly Filed 07/18202218:01 / SERVICE6'/Ci0$2/96i4ff’69/Cn^fcmatinnNb»./25BE®27 / CLCMF 24. The Defendants Park Social Lounge were negligent and/or reckless in ignoring Defendant John Does 1-10’s incompetence. 25. As a direct and proximate result of the Defendants Park Social Lounge’s negligent and or reckless, willful/wanton conduct in hiring, supervision and retention of its employees such as Defendant John Does 1 -10, the Plaintiff sustained injuries and damages as previously set forth herein. 26. As a direct and proximate result of the Defendants’ negligence as stated herein, the Plaintiff sustained serious and lasting injuries to his mind and body; experienced pain, suffering, disability and mental anguish, and has incurred and will continue to incur medical expenses for his care and attention. COUNT’ IV: CLAIM AGAINST JOHN DOE DEFENDANTS 27. Plaintiff incorporates the facts and allegations contained in paragraphs 1 through 26 as if -- hilly rewritten herein.-------------------------------------------- 28. Defendant John Does 1-10 are individuals whose names and addresses are presently unknown and could not be discovered prior to the filing of this Complaint with reasonable ™Hnd=duediligenee?'l4icPlaintifl'statcsthatthe^coiTdiictofithe-Johnr)oe^Dufendmitsntray^= have caused or contributed to the injury complained of and forming the basis of this Complaint and for which contribution may be apportioned. If, in fact, evidence discloses a claim to be asserted against on or more of the John Doe Defendants, the Complaint will be OBRAL, SILK amended pursuant to applicable Rule of Civil Procedure upon identification of such A PAU LLC ATTDBW8A71.AYJ individual or entity. S3- PubHs Square SUM I TOO CkvfilMJ,ai£o44l 13 2-ICi-l.AWYBRS 6. Eleetroniei ly Filed 07/11/2022 11:21 / ?ERVCE&CV 2 tg&ffiGft/tCanfiimlion' / clcmf COUNT VI: PUNITIVE DAMAGES 29. Plaintiff incorporates the facts and allegations contained in paragraphs 1 through 28 as if fully rewritten herein. 30. Defendant John Does 1-10’s behavior on June 19, 2021 demonstrated, by clear and convincing evidence, that their actions showed willful misconduct, malice, wantonness, oppression or the entire want of care which would raise the presumption of conscious 1 - - indifference to consequences. £ 31. Further, the behavior of Defendant John Does 1-10 on June 19, 2021, demonstrates that i- they acted with the specific intent to cause harm such that there is no limitation regarding i the amount which may be awarded as punitive damages against Defendant John Does 1-10. t- j- WHEREFORE, Plaintiff prays for judgment against Defendants, jointly and severally, i for compensatory damages in an amount in excess of TWENTY-FIVE THOUSAND |= DOLLARS ($25,000); punitive damages in an amount in excess of TWENTY-FIVE i ! THOUSAND DOLLARS ($25,000); together with interest, costs, reasonable attorney fees and any other such legal and equitable relief deemed just and appropriate. i L i i i 1 j JOSEPH J. DARWAL (0092456) OBRAL, SILK & PAL, LLC OBRAL.SI1K 55 Public Square, Suite 1700 & Cleveland, Ohio 44113 PAL, LLC ATTORNEYS AT LAW (216) LAWYERS (529-9377) S5 Fuhlk Sutofli™ (216) 696-3228 - Facsimile CkwAuidOHkiMIIJ 116-LAWYIiRS idarwalO12161awvers.com 7. Electronic Illy Riled 0/0/2022 SERVICE=/4CV22C9atf7a®/tiC®nfijmaEiJniMbt/2997527 / CLCMF JURY DEMAND The Plaintiff respectfully requests a trial by the maximum number of jurors permitted by Ohio Law. ” JOSEPH J. DARWAL (0092456)" ATTORNEY FOR PLAINTIFF OBRAL, SILK & PAL, LLC i ‘ r i i 1 i j OBRAL.SJLK Jt ! f PAL, LLC ATTOHNHYSaTlaw i 55 Puldtc Stpam MiVITM iJ CteVcInnrl, (Hn44l 13 E 216-LAWYIKS j 8. Electronic lly Filed 05/13/2022 13:01 / S£WVICE0'CV©2Q64ff89rtCnnfltamSt6OnNbt./25eEE27 / CLCMF 1