On May 25, 2023 a
Jury Demand
was filed
involving a dispute between
and
for PERSONAL INJURY
in the District Court of Franklin County.
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 09 12:32 PM-23CV003755
0G498 - S2
IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
OLAWALE AWOWOYIN ) CASE NO.: 23 CV 003755
Plaintiff, ) JUDGE SHERYL K. MUNSON
)
vs. ) ANSWER OF DAVID L.
) MARTINELLI TO PLAINTIFF'S
DAVID L. MARTINELLI ) COMPLAINT
Defendant. ) JURY DEMAND ENDORSED HEREON
)
)
)
Now comes David L. Martinelli, by and through counsel, and for his Answer to Plaintiff's
Complaint states as follows:
1 Defendant David L. Martinelli is without knowledge and information sufficient to
form a belief as to the truth of the allegations in paragraphs 1-6, 8-12 and 14-20 of the Complaint
and, therefore, denies the same
2 Defendant David L. Martinelli denies any remaining allegations in the Complaint
unless expressly admitted herein
AFFIRMATIVE DEFENSES
The Complaint fails to state a claim upon which relief can be granted.
The 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
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 09 12:32 PM-23CV003755
0G498 - S2
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 Complaint is barred by the statute of limitations.
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. Defendant expressly reserves the right to assert additional affirmative defenses
which become known to him through investigation and discovery.
WHEREFORE, having fully answered the allegations set forth in Plaintiff's Complaint,
Defendant David L. Martinelli, prays that the Complaint filed against him be dismissed with
prejudice at costs to Plaintiff.
Respectfully submitted,
“i
Abbas who
isig
Joel S. McPherson (0061978)
603 Alpha Drive, Box ON11
Highland Heights, OH 44143-2114
Facsimile: (866) 841-8574
Direct: (614) 726-7914
Joel_S_McPherson@Progressive.com
Attorney for Defendant David L. Martinelli
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 09 12:32 PM-23CV003755
0G498 - S2
JURY DEMAND
Defendant David L. Martinelli hereby demands a trial by jury as to all issues in the within
matter.
é
Joel S. McPherson (0061978)
Attorney for Defendant David L. Martinelli
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)(£) 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
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 09 12:32 PM-23CV003755
0G498 - S2
CERTIFICATE OF SERVICE
T hereby certify that a copy of the foregoing ANSWER was sent by regular U.S. Mail
and/or electronic mail on this 9th day of August, 2023 to
Emmanuel Olawale, Esq.
The Olawale Law Firm, Llc
emmanuel @olawalelaw.com
385 County Line Road W, Suite 160
Westerville, OH 43082
(614) 772-4177/(614) 441-8863 (F)
Attomey for Plaintiff Olawale Awowoyin
Joel S. McPherson (0061978)
Attorney for Defendant David L. Martinelli
Document Filed Date
August 09, 2023
Case Filing Date
May 25, 2023
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 09 12:32 PM-23CV003755 0G498 - S2 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO OLAWALE AWOWOYIN ) CASE NO.: 23 CV 003755 Plaintiff, ) JUDGE SHERYL K. MUNSON ) vs. ) ANSWER OF DAVID L. ) MARTINELLI TO PLAINTIFF'S DAVID L. MARTINELLI ) COMPLAINT Defendant. ) JURY DEMAND ENDORSED HEREON ) ) ) Now comes David L. Martinelli, by and through counsel, and for his Answer to Plaintiff's Complaint states as follows: 1 Defendant David L. Martinelli is without knowledge and information sufficient to form a belief as to the truth of the allegations in paragraphs 1-6, 8-12 and 14-20 of the Complaint and, therefore, denies the same 2 Defendant David L. Martinelli denies any remaining allegations in the Complaint unless expressly admitted herein AFFIRMATIVE DEFENSES The Complaint fails to state a claim upon which relief can be granted. The 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 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 09 12:32 PM-23CV003755 0G498 - S2 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 Complaint is barred by the statute of limitations. 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. Defendant expressly reserves the right to assert additional affirmative defenses which become known to him through investigation and discovery. WHEREFORE, having fully answered the allegations set forth in Plaintiff's Complaint, Defendant David L. Martinelli, prays that the Complaint filed against him be dismissed with prejudice at costs to Plaintiff. Respectfully submitted, “i Abbas who isig Joel S. McPherson (0061978) 603 Alpha Drive, Box ON11 Highland Heights, OH 44143-2114 Facsimile: (866) 841-8574 Direct: (614) 726-7914 Joel_S_McPherson@Progressive.com Attorney for Defendant David L. Martinelli Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 09 12:32 PM-23CV003755 0G498 - S2 JURY DEMAND Defendant David L. Martinelli hereby demands a trial by jury as to all issues in the within matter. é Joel S. McPherson (0061978) Attorney for Defendant David L. Martinelli 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)(£) 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 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 09 12:32 PM-23CV003755 0G498 - S2 CERTIFICATE OF SERVICE T hereby certify that a copy of the foregoing ANSWER was sent by regular U.S. Mail and/or electronic mail on this 9th day of August, 2023 to Emmanuel Olawale, Esq. The Olawale Law Firm, Llc emmanuel @olawalelaw.com 385 County Line Road W, Suite 160 Westerville, OH 43082 (614) 772-4177/(614) 441-8863 (F) Attomey for Plaintiff Olawale Awowoyin Joel S. McPherson (0061978) Attorney for Defendant David L. Martinelli