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NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
ANSWER OF...
December 2,2022 11:55
By: LOUIS R. MOLITERNO 0065380
Confirmation Nbr. 2716358
KRISTEN GROVE CV 22 969822
vs.
Judge: BRIAN J. CORRIGAN
STATE FARM MUTUAL AUTOMOBILE INSURANCE
COMPANY
Pages Filed: 4
Electronically Filed 12/02/2022 11:55/ANSWERS/CV 22 969822 /Confirmation Nbr. 2716358 / BATCH
LRM:lam/12-1 -22/18109-SF
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
KRISTEN GROVE, ) CASE NO. CV-22-969822
)
Plaintiff, ) JUDGE BRIAN J. CORRIGAN
)
vs. )
)
STATE FARM MUT. AUTO. ) ANSWER
INS. CO., )
) (Jury Demand Endorsed Hereon)
Defendant. )
)
Now comes defendant, State Farm Mutual Automobile Insurance Company,
by and through counsel, WILLIAMS, MOLITERNO & SCULLY CO., L.P.A., and Louis
R. Moliterno, and hereby states and avers for its Answer to the plaintiff’s Complaint
as follows:
FIRST DEFENSE
1. Defendant, State Farm Mutual Automobile Insurance Company, denies for
want of knowledge those allegations contained in paragraphs 1, 3, 4, 5, 9, 10, 11,
and 13 of plaintiff’s Complaint, and demands strict proof thereof.
2. Defendant, State Farm Mutual Automobile Insurance Company, admits
those allegations contained in paragraphs 2, 6, and 8 of plaintiff’s Complaint.
3. Defendant, State Farm Mutual Automobile Insurance Company, admits
those allegations contained in paragraph 7 of plaintiff’s Complaint, subject to the
terms and conditions of the policy.
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Electron cally Filed 12/02/2022 11:55 / ANSWERS / CV 22 969822 / Confirmation Nbr. 2716358 I BATCH
4. Defendant, State Farm Mutual Automobile Insurance Company, specifically
denies those allegations contained in paragraph 12 of plaintiff’s Complaint, and
demands strict proof thereof.
SECOND DEFENSE
5. Defendant, State Farm Mutual Automobile Insurance Company, states that
the plaintiff herein has failed to state a claim upon which relief can be granted
pursuant to Ohio Rules of Civil Procedure, Rule 12(B)(6) and that, therefore, she is
barred from recovery.
THIRD DEFENSE
6. Defendant, State Farm Mutual Automobile Insurance Company, states that
the plaintiff herein has failed to join a necessary party to this action pursuant to Ohio
Rules of Civil Procedure, 12(B)(7), Rule 19 and/or Rule 19.1 and that, therefore, she
is barred from recovery.
FOURTH DEFENSE
7. Defendant, State Farm Mutual Automobile Insurance Company, states that
the plaintiff has failed to prosecute this claim in the name of the real party in interest.
FIFTH DEFENSE
8. Defendant, State Farm Mutual Automobile Insurance Company, states that
the plaintiff herein has failed to mitigate her damages as required by law.
SIXTH DEFENSE
9. Defendant, State Farm Mutual Automobile Insurance Company, hereby
reserves its right to supplement additional affirmative defenses, if appropriate, after
the completion of additional discovery and/or investigation.
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Electron ically Filed 12/02/2022 11:55 / ANSWERS I CV 22 969822 / Confirmation Nbr. 2716358 I BATCH
WHEREFORE, having fully answered, defendant, State Farm Mutual
Automobile Insurance Company, prays that plaintiff’s Complaint be dismissed at
plaintiff’s costs and that this defendant be permitted to go henceforth without delay.
Respectfully submitted,
WILLIAMS, MOLITERNO & SCULLY CO., L.P.A.
fSl Loulj'K. Molitemo-______
LOUIS R. MOLITERNO (0065380)
Attorney for Defendant
2 Summit Park Drive, Suite 235
Cleveland, OH 44131
Tele: 330-405-5061/Fax: 330-405-5586
Email: lmoliterno@wmslawohio.com
JURY DEMAND
A trial by jury is hereby requested on issues herein.
[Si LouX&'ft. MoUtervio-
LOUIS R. MOLITERNO (0065380)
Attorney for Defendant
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Electron cally Filed 12/02/2022 11:55 / ANSWERS / CV 22 969822 / Confirmation Nbr. 2716358 I BATCH
CERTIFICATE OF SERVICE
I hereby certify that the foregoing was filed electronically in accordance with
this Court’s electronic filing guidelines on the day of December, 2022.
Notice of this filing will be sent via this Court’s electronic filing system.
Stuart E. Scott (0064834)
Kevin C. Hulick (0093921)
.2
Attorneys for Plaintiff
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1001 Lakeside Avenue East, Suite 1700
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§ Cleveland, OH 44114
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Tele: 216-696-3232/Fax: 216-696-3924
£ Email: sscott@spanglaw.com / khulick@spanglaw.com
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LOUIS R. MOLITERNO (0065380)
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Electron cally Filed 12/02/2022 11:55 / ANSWERS / CV 22 969822 / Confirmation Nbr. 2716358 I BATCH
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NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas ANSWER OF... December 2,2022 11:55 By: LOUIS R. MOLITERNO 0065380 Confirmation Nbr. 2716358 KRISTEN GROVE CV 22 969822 vs. Judge: BRIAN J. CORRIGAN STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Pages Filed: 4 Electronically Filed 12/02/2022 11:55/ANSWERS/CV 22 969822 /Confirmation Nbr. 2716358 / BATCH LRM:lam/12-1 -22/18109-SF IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO KRISTEN GROVE, ) CASE NO. CV-22-969822 ) Plaintiff, ) JUDGE BRIAN J. CORRIGAN ) vs. ) ) STATE FARM MUT. AUTO. ) ANSWER INS. CO., ) ) (Jury Demand Endorsed Hereon) Defendant. ) ) Now comes defendant, State Farm Mutual Automobile Insurance Company, by and through counsel, WILLIAMS, MOLITERNO & SCULLY CO., L.P.A., and Louis R. Moliterno, and hereby states and avers for its Answer to the plaintiff’s Complaint as follows: FIRST DEFENSE 1. Defendant, State Farm Mutual Automobile Insurance Company, denies for want of knowledge those allegations contained in paragraphs 1, 3, 4, 5, 9, 10, 11, and 13 of plaintiff’s Complaint, and demands strict proof thereof. 2. Defendant, State Farm Mutual Automobile Insurance Company, admits those allegations contained in paragraphs 2, 6, and 8 of plaintiff’s Complaint. 3. Defendant, State Farm Mutual Automobile Insurance Company, admits those allegations contained in paragraph 7 of plaintiff’s Complaint, subject to the terms and conditions of the policy. 1 Electron cally Filed 12/02/2022 11:55 / ANSWERS / CV 22 969822 / Confirmation Nbr. 2716358 I BATCH 4. Defendant, State Farm Mutual Automobile Insurance Company, specifically denies those allegations contained in paragraph 12 of plaintiff’s Complaint, and demands strict proof thereof. SECOND DEFENSE 5. Defendant, State Farm Mutual Automobile Insurance Company, states that the plaintiff herein has failed to state a claim upon which relief can be granted pursuant to Ohio Rules of Civil Procedure, Rule 12(B)(6) and that, therefore, she is barred from recovery. THIRD DEFENSE 6. Defendant, State Farm Mutual Automobile Insurance Company, states that the plaintiff herein has failed to join a necessary party to this action pursuant to Ohio Rules of Civil Procedure, 12(B)(7), Rule 19 and/or Rule 19.1 and that, therefore, she is barred from recovery. FOURTH DEFENSE 7. Defendant, State Farm Mutual Automobile Insurance Company, states that the plaintiff has failed to prosecute this claim in the name of the real party in interest. FIFTH DEFENSE 8. Defendant, State Farm Mutual Automobile Insurance Company, states that the plaintiff herein has failed to mitigate her damages as required by law. SIXTH DEFENSE 9. Defendant, State Farm Mutual Automobile Insurance Company, hereby reserves its right to supplement additional affirmative defenses, if appropriate, after the completion of additional discovery and/or investigation. 2 Electron ically Filed 12/02/2022 11:55 / ANSWERS I CV 22 969822 / Confirmation Nbr. 2716358 I BATCH WHEREFORE, having fully answered, defendant, State Farm Mutual Automobile Insurance Company, prays that plaintiff’s Complaint be dismissed at plaintiff’s costs and that this defendant be permitted to go henceforth without delay. Respectfully submitted, WILLIAMS, MOLITERNO & SCULLY CO., L.P.A. fSl Loulj'K. Molitemo-______ LOUIS R. MOLITERNO (0065380) Attorney for Defendant 2 Summit Park Drive, Suite 235 Cleveland, OH 44131 Tele: 330-405-5061/Fax: 330-405-5586 Email: lmoliterno@wmslawohio.com JURY DEMAND A trial by jury is hereby requested on issues herein. [Si LouX&'ft. MoUtervio- LOUIS R. MOLITERNO (0065380) Attorney for Defendant 3 Electron cally Filed 12/02/2022 11:55 / ANSWERS / CV 22 969822 / Confirmation Nbr. 2716358 I BATCH CERTIFICATE OF SERVICE I hereby certify that the foregoing was filed electronically in accordance with this Court’s electronic filing guidelines on the day of December, 2022. Notice of this filing will be sent via this Court’s electronic filing system. Stuart E. Scott (0064834) Kevin C. Hulick (0093921) .2 Attorneys for Plaintiff o £ 1001 Lakeside Avenue East, Suite 1700 "co § Cleveland, OH 44114 £ Tele: 216-696-3232/Fax: 216-696-3924 £ Email: sscott@spanglaw.com / khulick@spanglaw.com 00 m WILLIAMS, MOLITERNO & SCULLY CO., L.P.A. o co co By: ISf L&va&R. MoLttrerno-____ _ LOUIS R. MOLITERNO (0065380) Attorney for Defendant m m rs o s & Pw C4 4 Electron cally Filed 12/02/2022 11:55 / ANSWERS / CV 22 969822 / Confirmation Nbr. 2716358 I BATCH