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Motion No. 5126089
NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
MOTION IN EIMINE
October 23,2023 10:25
By: BLAKE A. DICKSON 0059329
Confirmation Nbr. 2997294
BARBARA A. JACKSON, AS PERSONAL CV 22 959305
REPRESENTATIVE
vs.
Judge: DAVID T.MATIA
GALION POINTE, INC., ET AL.
Pages Filed: 8
Electronically Filed 10/23/2023 10:25 / MOTION / CV 22 959305 / Confirmation Nbr. 2997294 / CLJSZ
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
Barabara Jackson, as the Personal ) Case No. CV-22-959305
Representative of the Estate of )
Clyde Jackson (Deceased) , ) Judge David T. Matia
)
Plaintiff, ) Plaintiff’s Motion in Limine Relative to
) Decedent Clyde Jackson’s Medical
) Records and Bills.
vs. )
)
Galion Pointe, Inc., et al. )
)
Defendants. )
Now comes Plaintiff Barbara Jackson, as the Personal Representative of the Estate of Clyde
Jackson, (deceased), by and through her attorney, Blake A. Dickson of The Dickson Firm, L.L.C.,
and for her Motion in Limine relative to Decedent Clyde Jackson’s medical records and bills, states
as follows:
The following is a partial list of exhibits that Plaintiff intends to offer into evidence at the
Jury Trial of the above-captioned case, including Decedent Clyde Jackson’s medical records and
medical bills. Copies of all the materials listed below have been produced to Defendants’ counsel:
1. Death Certificate of Clyde Jackson.
2. Louis Stokes Cleveland VA Medical Center, records (6/6/20-6/26/20).
3. Galion Pointe, records (6/26/20-2/14/21).
4. Galion Pointe, bills (6/23/20-2/14/21).
5. Removed.
6. Removed.
7. Removed.
8. Removed.
9. Removed.
10. Removed.
11. Removed.
12. Galion Fire Department, run report (1/30/21).
13. Avita Health Hospital, records (1/30/21-2/3/21).
14. Avita Health Hospital, bills (1/30/21-2/3/21). $45,395.90
15. Sydner Funeral Home, bills. $3,216.90
16. Pictures from Family.
Electronically Filed 10/23/2023 10:25 / MOTION / CV 22 959305 / Confirmation Nbr. 2997294 / CLJSZ
A. Picture of Clyde at restaurant.
B. Picture of Clyde with grandchildren.
C. Picture of Clyde and Jennifer at restaurant.
D. Picture of Clyde sitting outside at Galion Pointe.
E. Picture of Barbara and Clyde.
17. Galion Fire Department, bill (1/30/21). $764.00
18. Galion Community Hospital, records (1/30/21).
19. Galion Community Hospital, bills (1/30/21). $12,138.12
20. Procare Ambulance Service, run report (1/30/21).
TOTAL BILLS: $49,362.80
Plaintiff hereby moves this Honorable Court to admit Decedent Clyde Jackson’s Death
Certificate, medical records, medical bills, and funeral bill into evidence at trial.
The reasonableness of medical bills is governed by statute. See O.R.C. § 2317.421; See
also Rimsky v. Snider, 122 Ohio App.3d 248, 701 N.E.2d 710 (1st Dist. 1997).
O.R.C. § 2317.421 provides as follows:
In an action for damages arising from personal injury or wrongful death, a written
bill or statement, or any relevant portion thereof, itemized by date, type of service
rendered, and charge, shall, if otherwise admissible, be prima-facie evidence of the
reasonableness of any charges and fees stated therein for medication and prosthetic
device furnished, or medical, dental, hospital, and funeral services rendered by the
person, firm, or corporation issuing such bill or statement, provided, that such bill
or statement shall be prima-facie evidence of reasonableness only if the party
offering it delivers a copy of it, or the relevant portion thereof, to the attorney of
record for each adverse party not less than five days before trial.
In the within case, copies of Decedent Clyde Jackson’s medical records and medical bills,
as itemized above, have been produced to Defendants’ counsel. There is no challenge to the
authenticity of Decedent Clyde Jackson’s medical records and medical bills.
With respect to Decedent Clyde Jackson’s medical bills, the issues of necessity and
reasonableness are satisfied by the submission of the medical bills themselves. In Wagner, the
Ohio Supreme Court held at paragraph one of its syllabus that “proof of the amount paid or the
amount of the bill rendered and the nature of the services performed constitutes prima facie
Electronically Filed 10/23/2023 10:25 / MOTION / CV 22 959305 / Confirmation Nbr. 2997294 / CLJSZ
evidence of the necessity and reasonableness of the charges for medical and hospital services.”
Wagner v. McDaniels, 9 Ohio St.3d 184, 459 N.E.2d 561 (1984). The Court adopted this law
noting that it would be unreasonable to require plaintiffs to depose the accounting head of each
facility or to bring in outside experts to go through each medical bill when the evidence justifies
the medical expenses, and no contradictory evidence exists as to the reasonableness of those
charges and the necessity of the services rendered. Wagner at 186. Compliance with O.R.C. §
2317.421, therefore, constitutes sufficient “proof’ for purposes of satisfying the Wagner standard.
Coleman v. Drayton, 1994 Ohio App. LEXIS 1202, at *2-3 (10th Dist. 1994), appeal denied by 70
Ohio St.3d 1427, 638 N.E.2d 89 (1994).
Medical testimony is not a precondition to proving the reasonableness and necessity of
medical bills. O.R.C. § 2317.421; see Wagner, supra; Coleman, supra, at * 7; Rimsky, supra, at
251-54; Fiorini v. Whiston, 92 Ohio App.3d 419, 427, 635 N.E.2d 1311 (1st Dist. 1999). In
Coleman, the trial court only allowed into evidence medical bills that were testified to by a medical
expert. Coleman, 1994 Ohio App. LEXIS 1202, at * 4. The Tenth District Court of Appeals
reversed the trial court, explaining that the purpose of O.R.C. § 2317.421 and Wagner is as follows:
Thus, Wagner eliminated the DeTunno requirement that testimony as to the
necessity and reasonableness be introduced to lay a proper foundation for evidence
of medical bills: “[T]he Wagner court explained that contemporary medical billing
practices leave many physicians unaware of specific charges billed through their
accounting departments. In an effort to streamline some evidentiary issues in
personal injury litigation, similar to that underlying O.R.C. 2317.421, Wagner
explained the practical effect of eliminating the testimony requirement* * *.”
Coleman at *5-6.
Likewise, in Webb, the Ninth District Court of Appeals held that written medical bills are
deemed prima facie evidence of the reasonableness of the charges stated, and no expert testimony
in that regard is needed to be admissible. Webb v. Poff, 2000 Ohio App. LEXIS 3344 (9th Dist.
Electronically Filed 10/23/2023 10:25 / MOTION / CV 22 959305 / Confirmation Nbr. 2997294 / CLJSZ
2000). Accord Wood v. Elzoheary, 11 Ohio App.3d 27, 462 N.E.2d 1243 (8th Dist. 1983).
Pursuant to O.R.C. § 2317.421, medical bills themselves are prima facie evidence of their
reasonableness. Here, there is no challenge to the authenticity of Decedent Clyde Jackson’s
medical records and medical bills.
In modern day medical practice, patients are often seen and treated by multiple specialists
and health care providers. In a case involving long-term care and resident abuse or neglect, these
can include emergency physicians, attending and consulting physicians, primary care physicians,
other medical specialists, dentists, psychologists, nurses, therapists, etc. If medical testimony was
required from each physician and health care provider, as well as, from administrators and billing
personnel for each and every medical bill that is generated in every case, virtually no one would
be able to submit their medical bills as evidence at trial. Such a requirement would be both
financially prohibitive and logistically impossible to comply with. Arranging and paying for even
one physician to testify at a trial, even by recorded deposition, is difficult to schedule and extremely
costly. Such a requirement would essentially prevent ordinary people from having fair access to
the courts to obtain just compensation for their damages. That is precisely the purpose of the statute
and why the courts have held that the medical bills constitute prima facie evidence of both medical
necessity and reasonableness.
Plaintiff has set forth prima facie evidence as to the reasonableness and the necessity of
Decedent’s medical bills in this case, by producing to Defendants’ counsel copies of Decedent’s
itemized medical bills well in-advance of trial. There is no challenge to the authenticity of
Decedent’s medical records. In fact, if opposing counsel stipulates to the authenticity of the
medical records and bills then the foundation requirements will be waived. This Court has
Electronically Filed 10/23/2023 10:25 / MOTION / CV 22 959305 / Confirmation Nbr. 2997294 / CLJSZ
recognized the importance of such a stipulation in Edge v. Fairview Hospital, 8th Dist. Cuyahoga
No. 95215, 2011-Ohio-2148:
Ohio courts have readily acknowledged that Evid.R. 803(6) requires additional
elements of authentication. Lambert v. Goodyear Tire & Rubber Co. (1992), 79
Ohio App.3d 15, 606 N.E.2d 983. The proponent of the evidence must show, or the
parties must stipulate, that (1) the records were made at or near the time of the
event, (2) the records were kept in the ordinary course of business, and (3) the
records were made by a person with knowledge. Id., Evid.R. 901. Additionally,
Ohio courts have also held that when a party desires to make an authenticity
stipulation solely for Evid.R. 901 purposes and not for Evid.R. 803(6) purposes,
the party must explicitly bring to the court's attention the limited nature of the
stipulation. Lambert, supra; see, also, Smith v. Dillard's Dept. Stores,
Inc., Cuyahoga App. No. 75787, 2000-Ohio-2689; Ruth v. Moncrief,
M.D., Montgomery App. No. 18479, 2001-Ohio-1709.
In accordance with Ohio law, we believe that the defendants-appellees' stipulation
to the authenticity of the medical records constituted a waiver of the foundational
requirements of Evid.R. 803(6). Lambert, supra, Smith, supra, Ruth, supra.
Therefore, if opposing counsel stipulates to the authenticity of the medical records and bills
the foundational requirements of 803(6) are waived. If opposing counsel refuses to stipulate to the
authenticity of the records, then good reason must be shown. Plaintiff asks that the Court hold that
Decedent Clyde Jackson’s medical records will be admitted at trial and that Plaintiff’s counsel
does not need to waste the Court’s time and the jury’s time subpoenaing multiple records
custodians to come to trial and testify.
Lastly, any records produced by the Defendant in discovery are authenticated. In
Columbus City Schools Board of Education v. Franklin County Board of Revision, 159 Ohio St.
3d 283, 2020-Ohio-353, 150 N.E.3d 877 the Supreme Court held:
Indeed, “[i]mplied authentication by production in discovery” has been recognized
as satisfying the requirement of Evid.R. 901—particularly when, as in this case,
the documents are produced in response to a specifically tailored discovery request.
See also Stumpff v. Harris, 2015-Ohio-1329, 31 N.E.3d 164, 35 (2d Dist.).
Electronically Filed 10/23/2023 10:25 / MOTION / CV 22 959305 / Confirmation Nbr. 2997294 / CLJSZ
Defendants produced Decedent Clyde Jackson’s nursing home records. As a result,
Defendants have impliedly authenticated these records. Plaintiff moves this Court to admit these
records at trial.
Accordingly, Plaintiff respectfully requests that Decedent’s medical records, medical bills,
funeral bill, and death certificate be admitted into evidence at trial.
Respectfully submitted,
THE DICKSON FIRM, L.L.C.
By: /s/ Blake A. Dickson
Blake A. Dickson (0059329)
Enterprise Place, Suite 420
3401 Enterprise Parkway
Beachwood, Ohio 44122
Telephone (216) 595-6500
Facsimile (216) 595-6501
E-Mail BlakeDickson@TheDicksonFirm.com
Attorney for Plaintiff Barbara Jackson, as the Personal
Representative of the Estate of Clyde Jackson (deceased).
Electronically Filed 10/23/2023 10:25 / MOTION / CV 22 959305 / Confirmation Nbr. 2997294 / CLJSZ
CERTIFICATE OF SERVICE
I hereby certify that the foregoing, Plaintiff's Motion in Limine Relative to Decedent Clyde
Jackson’s Medical Records and Bills, was filed this 23rd day of October, 2023, using the Court’s
electronic filing system and it was served electronically on the following:
Bret C. Perry, Esq.
Christopher F. Mars, Esq.
BONEZZI SWITZER POLITO & HUPP CO LPA
1300 East 9th Street, Suite 1950
Cleveland, Ohio 44114
bperry@bsphlaw.com
cmars@bsphlaw.com
Attorneys for Defendants, Galion Pointe, LLC; JAG Healthcare, Inc.; David Cooley, and James
Griffiths.
By: /s/ Blake A. Dickson
Blake A. Dickson (0059329)
Attorney for Plaintiff Barbara Jackson, as the Personal
Representative of the Estate of Clyde Jackson
(deceased).
Electronically Filed 10/23/2023 10:25 / MOTION / CV 22 959305 / Confirmation Nbr. 2997294 / CLJSZ
Electronically Filed 10/23/2023 10:25 / MOTION / CV 22 959305 / Confirmation Nbr. 2997294 / CLJSZ
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Motion No. 5126089 NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas MOTION IN EIMINE October 23,2023 10:25 By: BLAKE A. DICKSON 0059329 Confirmation Nbr. 2997294 BARBARA A. JACKSON, AS PERSONAL CV 22 959305 REPRESENTATIVE vs. Judge: DAVID T.MATIA GALION POINTE, INC., ET AL. Pages Filed: 8 Electronically Filed 10/23/2023 10:25 / MOTION / CV 22 959305 / Confirmation Nbr. 2997294 / CLJSZ IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO Barabara Jackson, as the Personal ) Case No. CV-22-959305 Representative of the Estate of ) Clyde Jackson (Deceased) , ) Judge David T. Matia ) Plaintiff, ) Plaintiff’s Motion in Limine Relative to ) Decedent Clyde Jackson’s Medical ) Records and Bills. vs. ) ) Galion Pointe, Inc., et al. ) ) Defendants. ) Now comes Plaintiff Barbara Jackson, as the Personal Representative of the Estate of Clyde Jackson, (deceased), by and through her attorney, Blake A. Dickson of The Dickson Firm, L.L.C., and for her Motion in Limine relative to Decedent Clyde Jackson’s medical records and bills, states as follows: The following is a partial list of exhibits that Plaintiff intends to offer into evidence at the Jury Trial of the above-captioned case, including Decedent Clyde Jackson’s medical records and medical bills. Copies of all the materials listed below have been produced to Defendants’ counsel: 1. Death Certificate of Clyde Jackson. 2. Louis Stokes Cleveland VA Medical Center, records (6/6/20-6/26/20). 3. Galion Pointe, records (6/26/20-2/14/21). 4. Galion Pointe, bills (6/23/20-2/14/21). 5. Removed. 6. Removed. 7. Removed. 8. Removed. 9. Removed. 10. Removed. 11. Removed. 12. Galion Fire Department, run report (1/30/21). 13. Avita Health Hospital, records (1/30/21-2/3/21). 14. Avita Health Hospital, bills (1/30/21-2/3/21). $45,395.90 15. Sydner Funeral Home, bills. $3,216.90 16. Pictures from Family. Electronically Filed 10/23/2023 10:25 / MOTION / CV 22 959305 / Confirmation Nbr. 2997294 / CLJSZ A. Picture of Clyde at restaurant. B. Picture of Clyde with grandchildren. C. Picture of Clyde and Jennifer at restaurant. D. Picture of Clyde sitting outside at Galion Pointe. E. Picture of Barbara and Clyde. 17. Galion Fire Department, bill (1/30/21). $764.00 18. Galion Community Hospital, records (1/30/21). 19. Galion Community Hospital, bills (1/30/21). $12,138.12 20. Procare Ambulance Service, run report (1/30/21). TOTAL BILLS: $49,362.80 Plaintiff hereby moves this Honorable Court to admit Decedent Clyde Jackson’s Death Certificate, medical records, medical bills, and funeral bill into evidence at trial. The reasonableness of medical bills is governed by statute. See O.R.C. § 2317.421; See also Rimsky v. Snider, 122 Ohio App.3d 248, 701 N.E.2d 710 (1st Dist. 1997). O.R.C. § 2317.421 provides as follows: In an action for damages arising from personal injury or wrongful death, a written bill or statement, or any relevant portion thereof, itemized by date, type of service rendered, and charge, shall, if otherwise admissible, be prima-facie evidence of the reasonableness of any charges and fees stated therein for medication and prosthetic device furnished, or medical, dental, hospital, and funeral services rendered by the person, firm, or corporation issuing such bill or statement, provided, that such bill or statement shall be prima-facie evidence of reasonableness only if the party offering it delivers a copy of it, or the relevant portion thereof, to the attorney of record for each adverse party not less than five days before trial. In the within case, copies of Decedent Clyde Jackson’s medical records and medical bills, as itemized above, have been produced to Defendants’ counsel. There is no challenge to the authenticity of Decedent Clyde Jackson’s medical records and medical bills. With respect to Decedent Clyde Jackson’s medical bills, the issues of necessity and reasonableness are satisfied by the submission of the medical bills themselves. In Wagner, the Ohio Supreme Court held at paragraph one of its syllabus that “proof of the amount paid or the amount of the bill rendered and the nature of the services performed constitutes prima facie Electronically Filed 10/23/2023 10:25 / MOTION / CV 22 959305 / Confirmation Nbr. 2997294 / CLJSZ evidence of the necessity and reasonableness of the charges for medical and hospital services.” Wagner v. McDaniels, 9 Ohio St.3d 184, 459 N.E.2d 561 (1984). The Court adopted this law noting that it would be unreasonable to require plaintiffs to depose the accounting head of each facility or to bring in outside experts to go through each medical bill when the evidence justifies the medical expenses, and no contradictory evidence exists as to the reasonableness of those charges and the necessity of the services rendered. Wagner at 186. Compliance with O.R.C. § 2317.421, therefore, constitutes sufficient “proof’ for purposes of satisfying the Wagner standard. Coleman v. Drayton, 1994 Ohio App. LEXIS 1202, at *2-3 (10th Dist. 1994), appeal denied by 70 Ohio St.3d 1427, 638 N.E.2d 89 (1994). Medical testimony is not a precondition to proving the reasonableness and necessity of medical bills. O.R.C. § 2317.421; see Wagner, supra; Coleman, supra, at * 7; Rimsky, supra, at 251-54; Fiorini v. Whiston, 92 Ohio App.3d 419, 427, 635 N.E.2d 1311 (1st Dist. 1999). In Coleman, the trial court only allowed into evidence medical bills that were testified to by a medical expert. Coleman, 1994 Ohio App. LEXIS 1202, at * 4. The Tenth District Court of Appeals reversed the trial court, explaining that the purpose of O.R.C. § 2317.421 and Wagner is as follows: Thus, Wagner eliminated the DeTunno requirement that testimony as to the necessity and reasonableness be introduced to lay a proper foundation for evidence of medical bills: “[T]he Wagner court explained that contemporary medical billing practices leave many physicians unaware of specific charges billed through their accounting departments. In an effort to streamline some evidentiary issues in personal injury litigation, similar to that underlying O.R.C. 2317.421, Wagner explained the practical effect of eliminating the testimony requirement* * *.” Coleman at *5-6. Likewise, in Webb, the Ninth District Court of Appeals held that written medical bills are deemed prima facie evidence of the reasonableness of the charges stated, and no expert testimony in that regard is needed to be admissible. Webb v. Poff, 2000 Ohio App. LEXIS 3344 (9th Dist. Electronically Filed 10/23/2023 10:25 / MOTION / CV 22 959305 / Confirmation Nbr. 2997294 / CLJSZ 2000). Accord Wood v. Elzoheary, 11 Ohio App.3d 27, 462 N.E.2d 1243 (8th Dist. 1983). Pursuant to O.R.C. § 2317.421, medical bills themselves are prima facie evidence of their reasonableness. Here, there is no challenge to the authenticity of Decedent Clyde Jackson’s medical records and medical bills. In modern day medical practice, patients are often seen and treated by multiple specialists and health care providers. In a case involving long-term care and resident abuse or neglect, these can include emergency physicians, attending and consulting physicians, primary care physicians, other medical specialists, dentists, psychologists, nurses, therapists, etc. If medical testimony was required from each physician and health care provider, as well as, from administrators and billing personnel for each and every medical bill that is generated in every case, virtually no one would be able to submit their medical bills as evidence at trial. Such a requirement would be both financially prohibitive and logistically impossible to comply with. Arranging and paying for even one physician to testify at a trial, even by recorded deposition, is difficult to schedule and extremely costly. Such a requirement would essentially prevent ordinary people from having fair access to the courts to obtain just compensation for their damages. That is precisely the purpose of the statute and why the courts have held that the medical bills constitute prima facie evidence of both medical necessity and reasonableness. Plaintiff has set forth prima facie evidence as to the reasonableness and the necessity of Decedent’s medical bills in this case, by producing to Defendants’ counsel copies of Decedent’s itemized medical bills well in-advance of trial. There is no challenge to the authenticity of Decedent’s medical records. In fact, if opposing counsel stipulates to the authenticity of the medical records and bills then the foundation requirements will be waived. This Court has Electronically Filed 10/23/2023 10:25 / MOTION / CV 22 959305 / Confirmation Nbr. 2997294 / CLJSZ recognized the importance of such a stipulation in Edge v. Fairview Hospital, 8th Dist. Cuyahoga No. 95215, 2011-Ohio-2148: Ohio courts have readily acknowledged that Evid.R. 803(6) requires additional elements of authentication. Lambert v. Goodyear Tire & Rubber Co. (1992), 79 Ohio App.3d 15, 606 N.E.2d 983. The proponent of the evidence must show, or the parties must stipulate, that (1) the records were made at or near the time of the event, (2) the records were kept in the ordinary course of business, and (3) the records were made by a person with knowledge. Id., Evid.R. 901. Additionally, Ohio courts have also held that when a party desires to make an authenticity stipulation solely for Evid.R. 901 purposes and not for Evid.R. 803(6) purposes, the party must explicitly bring to the court's attention the limited nature of the stipulation. Lambert, supra; see, also, Smith v. Dillard's Dept. Stores, Inc., Cuyahoga App. No. 75787, 2000-Ohio-2689; Ruth v. Moncrief, M.D., Montgomery App. No. 18479, 2001-Ohio-1709. In accordance with Ohio law, we believe that the defendants-appellees' stipulation to the authenticity of the medical records constituted a waiver of the foundational requirements of Evid.R. 803(6). Lambert, supra, Smith, supra, Ruth, supra. Therefore, if opposing counsel stipulates to the authenticity of the medical records and bills the foundational requirements of 803(6) are waived. If opposing counsel refuses to stipulate to the authenticity of the records, then good reason must be shown. Plaintiff asks that the Court hold that Decedent Clyde Jackson’s medical records will be admitted at trial and that Plaintiff’s counsel does not need to waste the Court’s time and the jury’s time subpoenaing multiple records custodians to come to trial and testify. Lastly, any records produced by the Defendant in discovery are authenticated. In Columbus City Schools Board of Education v. Franklin County Board of Revision, 159 Ohio St. 3d 283, 2020-Ohio-353, 150 N.E.3d 877 the Supreme Court held: Indeed, “[i]mplied authentication by production in discovery” has been recognized as satisfying the requirement of Evid.R. 901—particularly when, as in this case, the documents are produced in response to a specifically tailored discovery request. See also Stumpff v. Harris, 2015-Ohio-1329, 31 N.E.3d 164, 35 (2d Dist.). Electronically Filed 10/23/2023 10:25 / MOTION / CV 22 959305 / Confirmation Nbr. 2997294 / CLJSZ Defendants produced Decedent Clyde Jackson’s nursing home records. As a result, Defendants have impliedly authenticated these records. Plaintiff moves this Court to admit these records at trial. Accordingly, Plaintiff respectfully requests that Decedent’s medical records, medical bills, funeral bill, and death certificate be admitted into evidence at trial. Respectfully submitted, THE DICKSON FIRM, L.L.C. By: /s/ Blake A. Dickson Blake A. Dickson (0059329) Enterprise Place, Suite 420 3401 Enterprise Parkway Beachwood, Ohio 44122 Telephone (216) 595-6500 Facsimile (216) 595-6501 E-Mail BlakeDickson@TheDicksonFirm.com Attorney for Plaintiff Barbara Jackson, as the Personal Representative of the Estate of Clyde Jackson (deceased). Electronically Filed 10/23/2023 10:25 / MOTION / CV 22 959305 / Confirmation Nbr. 2997294 / CLJSZ CERTIFICATE OF SERVICE I hereby certify that the foregoing, Plaintiff's Motion in Limine Relative to Decedent Clyde Jackson’s Medical Records and Bills, was filed this 23rd day of October, 2023, using the Court’s electronic filing system and it was served electronically on the following: Bret C. Perry, Esq. Christopher F. Mars, Esq. BONEZZI SWITZER POLITO & HUPP CO LPA 1300 East 9th Street, Suite 1950 Cleveland, Ohio 44114 bperry@bsphlaw.com cmars@bsphlaw.com Attorneys for Defendants, Galion Pointe, LLC; JAG Healthcare, Inc.; David Cooley, and James Griffiths. By: /s/ Blake A. Dickson Blake A. Dickson (0059329) Attorney for Plaintiff Barbara Jackson, as the Personal Representative of the Estate of Clyde Jackson (deceased). Electronically Filed 10/23/2023 10:25 / MOTION / CV 22 959305 / Confirmation Nbr. 2997294 / CLJSZ Electronically Filed 10/23/2023 10:25 / MOTION / CV 22 959305 / Confirmation Nbr. 2997294 / CLJSZ