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NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
ANSWER OF...
February 23,2023 14:34
By: JOEL S. MCPHERSON 0061978
Confirmation Nbr. 2784272
ELIZABETH IRWIN CV 23 974350
vs.
Judge: DEENAR. CALABRESE
REGAE ELLIEMAE DORMENDO, ET AL.
Pages Filed: 6
Electronically Filed 02/23/2023 14:34 / ANSWERS / CV 23 974350 / Confirmation Nbr. 2784272 / BATCH
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
ELIZABETH IRWIN ) CASE NO.: CV-23-974350
)
PLAINTIFF, ) JUDGE DEENA R. CALABRESE
)
VS. ) ANSWER OF PROGRESSIVE
) DIRECT INSURANCE COMPANY TO
) PLAINTIFF'S COMPLAINT
REGAE ELLIEMAE DORMENDO, ET AL.
)
DEFENDANTS. ) JURY DEMAND ENDORSED HEREON
)
Now comes Defendant Progressive Direct Insurance Company, by and through counsel,
and for the Answer to Plaintiff's Complaint states as follows:
1. Defendant Progressive Direct Insurance Company is without knowledge and
information sufficient to form a belief as to the truth of the allegations in paragraphs 1, 2, 3, 4, 5,
7, 8, 11, 12, 13, 14, 15 of Plaintiff’s Complaint and, therefore, denies the same.
2. Defendant Progressive Direct Insurance Company admits the allegations in
paragraph 10 of Plaintiff's Complaint.
3. In response to paragraphs 6, 9 of Plaintiff’s Complaint, Defendant Progressive
Direct Insurance Company incoporates by reference as if fully rewritten herein, its prior
admissions and/or denials as appropriate.
4. Defendant Progressive Direct Insurance Company denies any remaining
allegations in Plaintiff's Complaint unless expressly admitted herein.
AFFIRMATIVE DEFENSES
1. Plaintiff's Complaint fails to state a claim upon which relief can be granted.
Electronically Filed 02/23/2023 14:34 / ANSWERS / CV 23 974350 / Confirmation Nbr. 2784272 / BATCH
2. Plaintiff's Complaint is barred by insufficiency of service and/or service of
process.
3. Plaintiff has failed to mitigate the alleged injuries and damages.
4. Defendant is entitled to have the actual amount of medical bills for which the
Plaintiff is obligated presented to the jury pursuant to Robinson v. Bates, 2006-Ohio-6362.
5. Defendant's acts and/or omissions, if any, were not the proximate cause of
Plaintiff's alleged injuries and/or damages.
6. Defendant states that Plaintiff's damages, if any, were a proximate result of
superseding and/or intervening acts caused by others.
7. The injuries and/or damages allegedly suffered by Plaintiff were caused by
negligent acts and/or omissions of other parties and/or persons who at all times pertinent hereto
were outside the direction and control of Defendant.
8. Plaintiff is not the real party in interest.
9. Plaintiff failed to wear a seatbelt which precludes recovery herein in whole or in
part.
10. Any recovery by the Plaintiff is barred and/or limited by the Ohio Revised Code,
Uninsured/Underinsured Motorist Statutes, and/or applicable law.
11. Defendant Progressive Direct Insurance Company states that the Plaintiff has
failed to abide by Ohio Civil Rule 10 by failing to attach a copy of the contract upon which she
filed suit.
12. Plaintiff’s recovery herein, if any, is limited, reduced, precluded and otherwise
controlled by the terms and conditions of the applicable policy.
13. Progressive Direct Insurance Company's coverage, if any, is excess.
Electronically Filed 02/23/2023 14:34 / ANSWERS / CV 23 974350 / Confirmation Nbr. 2784272 / BATCH
14. Any coverage offered by Defendant Progressive Direct Insurance Company must
be setoff or reduced by available liability and other insurance coverage. In the alternative, any
coverage available through a policy issued by Defendant Progressive Direct Insurance Company
is excess over other available coverage. In the alternative, any coverage available through a
policy issued by Defendant Progressive Direct Insurance Company must be shared or paid pro
rata or proportionately with other available coverage.
15. Defendant Progressive Direct Insurance Company incorporates by reference
herein the terms, conditions, coverages, and exclusions in the applicable policy of insurance.
16. Defendant expressly reserves the right to assert additional affirmative defenses
which become known to them through investigation and discovery.
CROSS-CLAIM AGAINST CO-DEFENDANTS
Now demands, Progressive Direct Insurance Company, by and through counsel, and for
its Cross-claim against co-defendants Suleika Colon and Regae Elliemae Dormendo states as
follows:
1. For purposes of the Cross-claim only, Defendant Progressive Direct Insurance
Company incorporates the allegations in plaintiff's Complaint for the sole purpose of setting
forth the basis of this Cross-claim and without intending to adopt or admit any of the allegations
set forth therein.
2. Defendant Progressive Direct Insurance Company incorporates herein for
purposes of the Cross-claim its foregoing Answer and defenses to the Complaint.
3. Any injuries or damages sustained by plaintiff were solely and proximately
caused by the negligence of co-defendants Suleika Colon and Regae Elliemae Dormendo. By
Electronically Filed 02/23/2023 14:34 / ANSWERS / CV 23 974350 / Confirmation Nbr. 2784272 / BATCH
reasons thereof, Defendant Progressive Direct Insurance Company is entitled to indemnification,
subrogation and/or contribution from the co-defendant Suleika Colon, as to any liability, which
is denied, which may be found as to Progressive Direct Insurance Company, including the
amount of any settlement, expenditure of any medical payments, collision payments, costs, fees
and expenses in the within action.
WHEREFORE, having answered, Defendant Progressive Direct Insurance Company
prays that the Plaintiff Complaint as to it be dismissed with prejudice at Plaintiff costs. Further,
if Defendant, Progressive Direct Insurance Company, is found to be liable (negligent) to the
plaintiff, which is specifically denied, then it prays that it be awarded subrogation, indemnity
and/or contribution from the co-defendants Suleika Colon and Regae Elliemae Dormendo as the
facts and evidence at trial shall show
Respectfully submitted,
Joel S. McPhersonEsq. (0061978)
603 Alpha Drive
Box ON11
Highland Heights, OH 44143-2114
FAX:(866) 841-8574
(614) 726-7914
Joel_S_McPherson@Progressive.com
Attorney for Defendant Progressive Direct
Insurance Company
Electronically Filed 02/23/2023 14:34 / ANSWERS / CV 23 974350 / Confirmation Nbr. 2784272 / BATCH
JURY DEMAND
Defendant hereby demands a trial by jury as to all issues in the within matter.
Respectfully submitted,
Joel S. McPherson (0061978)
DESIGNATED E-SERVICE ELECTRONIC MAIL ADDRESS
The following is the undersigned attorney’s designated electronic service address for all
electronically served documents and notices, filed and unfiled, pursuant to Ohio Civil Rules
5(B)(2)(f) and 11: Progressive OH HC@progressive.com. This is the undersigned’s only
electronic address where e-Service is accepted. All other correspondence should be sent to the
general email.
Electronically Filed 02/23/2023 14:34 / ANSWERS / CV 23 974350 / Confirmation Nbr. 2784272 / BATCH
CERTIFICATE OF SERVICE
I hereby certify that the foregoing was filed electronically in accordance with this Court's
electronic filing guidelines on the 23rd day of February, 2023. Notice of this filing will be sent
to those listed below via this Court's electronic filing system or will be served by ordinary U.S.
Mail, postage prepaid, upon counsel or parties who are not sent electronic notification.
W. Jack Meola, Esq.
Kisling, Nestico & Redick
wjmeola@knrlegal.com
22 E. McKinley Way, Suite A
Poland, OH 44514
Attorney for Plaintiff Elizabeth Irwin
Suleika Colon
8107 Goodman Ave.
Cleveland, OH 44105
Regae Elliemae Dormendo
1904 W. 71st St.
Cleveland, OH 44102
Joel S. McPherson (0061978)
Attorney for Defendant Progressive Direct
Insurance Company
Electronically Filed 02/23/2023 14:34 / ANSWERS / CV 23 974350 / Confirmation Nbr. 2784272 / BATCH
Preview
NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas ANSWER OF... February 23,2023 14:34 By: JOEL S. MCPHERSON 0061978 Confirmation Nbr. 2784272 ELIZABETH IRWIN CV 23 974350 vs. Judge: DEENAR. CALABRESE REGAE ELLIEMAE DORMENDO, ET AL. Pages Filed: 6 Electronically Filed 02/23/2023 14:34 / ANSWERS / CV 23 974350 / Confirmation Nbr. 2784272 / BATCH IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO ELIZABETH IRWIN ) CASE NO.: CV-23-974350 ) PLAINTIFF, ) JUDGE DEENA R. CALABRESE ) VS. ) ANSWER OF PROGRESSIVE ) DIRECT INSURANCE COMPANY TO ) PLAINTIFF'S COMPLAINT REGAE ELLIEMAE DORMENDO, ET AL. ) DEFENDANTS. ) JURY DEMAND ENDORSED HEREON ) Now comes Defendant Progressive Direct Insurance Company, by and through counsel, and for the Answer to Plaintiff's Complaint states as follows: 1. Defendant Progressive Direct Insurance Company is without knowledge and information sufficient to form a belief as to the truth of the allegations in paragraphs 1, 2, 3, 4, 5, 7, 8, 11, 12, 13, 14, 15 of Plaintiff’s Complaint and, therefore, denies the same. 2. Defendant Progressive Direct Insurance Company admits the allegations in paragraph 10 of Plaintiff's Complaint. 3. In response to paragraphs 6, 9 of Plaintiff’s Complaint, Defendant Progressive Direct Insurance Company incoporates by reference as if fully rewritten herein, its prior admissions and/or denials as appropriate. 4. Defendant Progressive Direct Insurance Company denies any remaining allegations in Plaintiff's Complaint unless expressly admitted herein. AFFIRMATIVE DEFENSES 1. Plaintiff's Complaint fails to state a claim upon which relief can be granted. Electronically Filed 02/23/2023 14:34 / ANSWERS / CV 23 974350 / Confirmation Nbr. 2784272 / BATCH 2. Plaintiff's Complaint is barred by insufficiency of service and/or service of process. 3. Plaintiff has failed to mitigate the alleged injuries and damages. 4. Defendant is entitled to have the actual amount of medical bills for which the Plaintiff is obligated presented to the jury pursuant to Robinson v. Bates, 2006-Ohio-6362. 5. Defendant's acts and/or omissions, if any, were not the proximate cause of Plaintiff's alleged injuries and/or damages. 6. Defendant states that Plaintiff's damages, if any, were a proximate result of superseding and/or intervening acts caused by others. 7. The injuries and/or damages allegedly suffered by Plaintiff were caused by negligent acts and/or omissions of other parties and/or persons who at all times pertinent hereto were outside the direction and control of Defendant. 8. Plaintiff is not the real party in interest. 9. Plaintiff failed to wear a seatbelt which precludes recovery herein in whole or in part. 10. Any recovery by the Plaintiff is barred and/or limited by the Ohio Revised Code, Uninsured/Underinsured Motorist Statutes, and/or applicable law. 11. Defendant Progressive Direct Insurance Company states that the Plaintiff has failed to abide by Ohio Civil Rule 10 by failing to attach a copy of the contract upon which she filed suit. 12. Plaintiff’s recovery herein, if any, is limited, reduced, precluded and otherwise controlled by the terms and conditions of the applicable policy. 13. Progressive Direct Insurance Company's coverage, if any, is excess. Electronically Filed 02/23/2023 14:34 / ANSWERS / CV 23 974350 / Confirmation Nbr. 2784272 / BATCH 14. Any coverage offered by Defendant Progressive Direct Insurance Company must be setoff or reduced by available liability and other insurance coverage. In the alternative, any coverage available through a policy issued by Defendant Progressive Direct Insurance Company is excess over other available coverage. In the alternative, any coverage available through a policy issued by Defendant Progressive Direct Insurance Company must be shared or paid pro rata or proportionately with other available coverage. 15. Defendant Progressive Direct Insurance Company incorporates by reference herein the terms, conditions, coverages, and exclusions in the applicable policy of insurance. 16. Defendant expressly reserves the right to assert additional affirmative defenses which become known to them through investigation and discovery. CROSS-CLAIM AGAINST CO-DEFENDANTS Now demands, Progressive Direct Insurance Company, by and through counsel, and for its Cross-claim against co-defendants Suleika Colon and Regae Elliemae Dormendo states as follows: 1. For purposes of the Cross-claim only, Defendant Progressive Direct Insurance Company incorporates the allegations in plaintiff's Complaint for the sole purpose of setting forth the basis of this Cross-claim and without intending to adopt or admit any of the allegations set forth therein. 2. Defendant Progressive Direct Insurance Company incorporates herein for purposes of the Cross-claim its foregoing Answer and defenses to the Complaint. 3. Any injuries or damages sustained by plaintiff were solely and proximately caused by the negligence of co-defendants Suleika Colon and Regae Elliemae Dormendo. By Electronically Filed 02/23/2023 14:34 / ANSWERS / CV 23 974350 / Confirmation Nbr. 2784272 / BATCH reasons thereof, Defendant Progressive Direct Insurance Company is entitled to indemnification, subrogation and/or contribution from the co-defendant Suleika Colon, as to any liability, which is denied, which may be found as to Progressive Direct Insurance Company, including the amount of any settlement, expenditure of any medical payments, collision payments, costs, fees and expenses in the within action. WHEREFORE, having answered, Defendant Progressive Direct Insurance Company prays that the Plaintiff Complaint as to it be dismissed with prejudice at Plaintiff costs. Further, if Defendant, Progressive Direct Insurance Company, is found to be liable (negligent) to the plaintiff, which is specifically denied, then it prays that it be awarded subrogation, indemnity and/or contribution from the co-defendants Suleika Colon and Regae Elliemae Dormendo as the facts and evidence at trial shall show Respectfully submitted, Joel S. McPhersonEsq. (0061978) 603 Alpha Drive Box ON11 Highland Heights, OH 44143-2114 FAX:(866) 841-8574 (614) 726-7914 Joel_S_McPherson@Progressive.com Attorney for Defendant Progressive Direct Insurance Company Electronically Filed 02/23/2023 14:34 / ANSWERS / CV 23 974350 / Confirmation Nbr. 2784272 / BATCH JURY DEMAND Defendant hereby demands a trial by jury as to all issues in the within matter. Respectfully submitted, Joel S. McPherson (0061978) DESIGNATED E-SERVICE ELECTRONIC MAIL ADDRESS The following is the undersigned attorney’s designated electronic service address for all electronically served documents and notices, filed and unfiled, pursuant to Ohio Civil Rules 5(B)(2)(f) and 11: Progressive OH HC@progressive.com. This is the undersigned’s only electronic address where e-Service is accepted. All other correspondence should be sent to the general email. Electronically Filed 02/23/2023 14:34 / ANSWERS / CV 23 974350 / Confirmation Nbr. 2784272 / BATCH CERTIFICATE OF SERVICE I hereby certify that the foregoing was filed electronically in accordance with this Court's electronic filing guidelines on the 23rd day of February, 2023. Notice of this filing will be sent to those listed below via this Court's electronic filing system or will be served by ordinary U.S. Mail, postage prepaid, upon counsel or parties who are not sent electronic notification. W. Jack Meola, Esq. Kisling, Nestico & Redick wjmeola@knrlegal.com 22 E. McKinley Way, Suite A Poland, OH 44514 Attorney for Plaintiff Elizabeth Irwin Suleika Colon 8107 Goodman Ave. Cleveland, OH 44105 Regae Elliemae Dormendo 1904 W. 71st St. Cleveland, OH 44102 Joel S. McPherson (0061978) Attorney for Defendant Progressive Direct Insurance Company Electronically Filed 02/23/2023 14:34 / ANSWERS / CV 23 974350 / Confirmation Nbr. 2784272 / BATCH