Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 25 1:57 PM-23CV003755
06402 - Q20
IN THE COURT OF COMMON PLEAS, FRANKLIN COUNTY, OHIO
CIVIL DIVISION
Olawale Awowoyin
3358 Elite Street,
Columbus, OH 43231
CASE NO.
Plaintiff, JUDGE
VS.
David L. Martinelli
6932 Onyxbluff Lane,
Blacklick, OH 43004
Defendant.
COMPLAINT
FIRST COUNT (NEGLIGENCE/DAMAGES)
1 On the 12" day of October 2022, David Martinelli Jones negligently operated a motor
vehicle in Franklin County, Ohio, On Interstate 270, he changed lanes without checking
for safety and collided with a vehicle operated by Plaintiff Olawale Awowoyin resulting in
injuries and damages to the Plaintiff as hereinafter described.
The defendant’s negligent action caused the plaintiff's vehicle to overturn and land on its
side.
The Plaintiff was trapped in his vehicle and had to be rescued and extracted through the
roof of his vehicle.
4. That as a direct and proximate result of the negligence of Defendant Martinelli, Plaintiff
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 25 1:57 PM-23CV003755
06402 - Q21
Awowoyin sustained serious bodily and mental injuries, to wit: concussion, subdural
hematoma, epidural hematoma, SAH, and contusion, blunt head trauma, the strain of
muscle, fascia and tendon at neck level, muscle spasm of back, cervicalgia, lumbar sprain,
cervical sprain and inability to perform activities of daily living.
That as a direct and proximate result of the negligence of Defendant, Martinelli, Plaintiff
sustained serious mental and psychological injuries to wit: anxiety, depression, and
emotional withdrawal, bouts of panic attacks while driving, depression, mental suffering,
PTSD, inability to perform at work, inability to engage in usual activity, disabilities, all of
which are permanent.
That as a direct and proximate result of the negligence of Defendant that Plaintiff required
hospital and medical expenses in an amount over Ten Thousand dollars for the injuries
sustained and expects to incur further such expenses in the indefinite future.
SECOND COUNT (NEGLIGENCE PER SE)
7. Plaintiff realleges and incorporates all the allegations contained in preceding paragraphs of
this Complaint as though fully rewritten herein.
8. Defendant, Martinelli, operated her vehicle in such a manner as to violate a statute created for
the health, safety, and welfare of the general public, to wit:
a. ORC 2131.08(A)(1) and is negligent per se.
9. Asa direct and proximate result of Defendant’s negligence, Plaintiff sustained injuries as
previously outlined in this Complaint
10. Defendant Martinelli is a repeat offender and violator of ORC 2131.08(A)(1), Changing
Lanes without Safety. He was convicted of the same offense on March 4, 2019, in Franklin
County, Ohio, more than two years before causing the crash with Plaintiff, Awowoyin.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 25 1:57 PM-23CV003755
06402 - Q22
11. Defendant Martinelli, was also convicted of violating ORC 2133.03(A), Failure to Maintain
Assured Clear Distance on September 15, 2017, about five years before causing the crash with
Plaintiff, Awowoyin
12. Defendant Martinelli’s reckless disregard for the safety of others is the proximate cause of
this crash and the injuries sustained by Plaintiff.
THIRD COUNT: DAMAGES TO CREDIT AND FINANCES
13 Plaintiff incorporates by reference all the allegations set forth above
14. As a result of Defendant’s negligence and resultant injuries, the plaintiff could not pay
his medical bills incident to his physical and mental injuries from the crash.
15 The providers of the medical services sent the plaintiff's bills for collection
16 As a result of the defendant’s negligence and resultant injuries to the plaintiffs, the
plaintiff's credit score and standing were damaged.
17 As a result of Defendant’s negligence, the plaintiff suffered mental anguish from being
harassed by debt collectors regarding her unpaid medical bills.
WHEREFORE, Plaintiff demands judgment against the Defendant for special and general
damages, past and future, including but not limited to those as outlined in this complaint, in an amount
exceeding $25,000.00
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 25 1:57 PM-23CV003755
06402 - 923
Respectfully submitted,
/s/ Emmanuel Olawale
Emmanuel Olawale (0079154)
The Olawale Law Firm, LLC
385 County Line Road W, Ste.160
Westerville, OH 43082
Ph. (614) 772-4177
Fax (614) 441-8863
Attorneys for Plai ffs
JURY DEMAND
Plaintiffs hereby demand trial by a jury to all issues contained herein.
/s/ Emmanuel Olawale
Emmanuel Olawale (0079154)
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 25 1:57 PM-23CV003755 06402 - Q20 IN THE COURT OF COMMON PLEAS, FRANKLIN COUNTY, OHIO CIVIL DIVISION Olawale Awowoyin 3358 Elite Street, Columbus, OH 43231 CASE NO. Plaintiff, JUDGE VS. David L. Martinelli 6932 Onyxbluff Lane, Blacklick, OH 43004 Defendant. COMPLAINT FIRST COUNT (NEGLIGENCE/DAMAGES) 1 On the 12" day of October 2022, David Martinelli Jones negligently operated a motor vehicle in Franklin County, Ohio, On Interstate 270, he changed lanes without checking for safety and collided with a vehicle operated by Plaintiff Olawale Awowoyin resulting in injuries and damages to the Plaintiff as hereinafter described. The defendant’s negligent action caused the plaintiff's vehicle to overturn and land on its side. The Plaintiff was trapped in his vehicle and had to be rescued and extracted through the roof of his vehicle. 4. That as a direct and proximate result of the negligence of Defendant Martinelli, Plaintiff Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 25 1:57 PM-23CV003755 06402 - Q21 Awowoyin sustained serious bodily and mental injuries, to wit: concussion, subdural hematoma, epidural hematoma, SAH, and contusion, blunt head trauma, the strain of muscle, fascia and tendon at neck level, muscle spasm of back, cervicalgia, lumbar sprain, cervical sprain and inability to perform activities of daily living. That as a direct and proximate result of the negligence of Defendant, Martinelli, Plaintiff sustained serious mental and psychological injuries to wit: anxiety, depression, and emotional withdrawal, bouts of panic attacks while driving, depression, mental suffering, PTSD, inability to perform at work, inability to engage in usual activity, disabilities, all of which are permanent. That as a direct and proximate result of the negligence of Defendant that Plaintiff required hospital and medical expenses in an amount over Ten Thousand dollars for the injuries sustained and expects to incur further such expenses in the indefinite future. SECOND COUNT (NEGLIGENCE PER SE) 7. Plaintiff realleges and incorporates all the allegations contained in preceding paragraphs of this Complaint as though fully rewritten herein. 8. Defendant, Martinelli, operated her vehicle in such a manner as to violate a statute created for the health, safety, and welfare of the general public, to wit: a. ORC 2131.08(A)(1) and is negligent per se. 9. Asa direct and proximate result of Defendant’s negligence, Plaintiff sustained injuries as previously outlined in this Complaint 10. Defendant Martinelli is a repeat offender and violator of ORC 2131.08(A)(1), Changing Lanes without Safety. He was convicted of the same offense on March 4, 2019, in Franklin County, Ohio, more than two years before causing the crash with Plaintiff, Awowoyin. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 25 1:57 PM-23CV003755 06402 - Q22 11. Defendant Martinelli, was also convicted of violating ORC 2133.03(A), Failure to Maintain Assured Clear Distance on September 15, 2017, about five years before causing the crash with Plaintiff, Awowoyin 12. Defendant Martinelli’s reckless disregard for the safety of others is the proximate cause of this crash and the injuries sustained by Plaintiff. THIRD COUNT: DAMAGES TO CREDIT AND FINANCES 13 Plaintiff incorporates by reference all the allegations set forth above 14. As a result of Defendant’s negligence and resultant injuries, the plaintiff could not pay his medical bills incident to his physical and mental injuries from the crash. 15 The providers of the medical services sent the plaintiff's bills for collection 16 As a result of the defendant’s negligence and resultant injuries to the plaintiffs, the plaintiff's credit score and standing were damaged. 17 As a result of Defendant’s negligence, the plaintiff suffered mental anguish from being harassed by debt collectors regarding her unpaid medical bills. WHEREFORE, Plaintiff demands judgment against the Defendant for special and general damages, past and future, including but not limited to those as outlined in this complaint, in an amount exceeding $25,000.00 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 May 25 1:57 PM-23CV003755 06402 - 923 Respectfully submitted, /s/ Emmanuel Olawale Emmanuel Olawale (0079154) The Olawale Law Firm, LLC 385 County Line Road W, Ste.160 Westerville, OH 43082 Ph. (614) 772-4177 Fax (614) 441-8863 Attorneys for Plai ffs JURY DEMAND Plaintiffs hereby demand trial by a jury to all issues contained herein. /s/ Emmanuel Olawale Emmanuel Olawale (0079154)