On May 25, 2023 a
ANSWER TO COMPLAINTNAME - OF:MEIJER GROUP INCPLNTIF/DEFNDT IND:DATTORNEY NAME:JOSHUA M MIKLOWSKIATTORNEY ADDRESS:WESTON HURD LLPSUITE 500101 EAST TOWN STREETCOLUMBUS, OH 43215(216) 241-6602
was filed
involving a dispute between
and
for PERSONAL INJURY
in the District Court of Franklin County.
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 29 11:47 AM-23CV003772
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IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
LISA CORNELL CASE NO. 23CV003772
Plaintiff JUDGE ANDY D. MILLER
v ANSWER TO PLAINTIFFS’
COMPLAINT
MEIJER GROUP, INC., et al
(Jury Demand Endorsed Hereon)
Defendants
Now come Defendants Meijer Stores Limited Partnership and Meijer Group, Inc., by and
through undersigned counsel, and for their Answer to the Complaint filed by Lisa Cornell
(“Plaintiff”), hereby states as follows:
1 Defendants deny the allegations in paragraph 1 of the Complaint for lack of
knowledge or information sufficient to form a belief as to their truth.
2 In response to Paragraph 2, Defendants admit that the Meijer Group, Inc. is
organized under the laws of the State of Michigan and licensed to do business in the State of Ohio.
Defendants otherwise deny Paragraph 2 for want of knowledge or information sufficient to form
a belief as to its truth.
3 In response to Paragraph 3, Defendants admit that the Meijer Stores Limited
Partnership is organized under the laws of the State of Michigan and licensed to do business in the
state of Ohio. Defendants otherwise deny Paragraph 3 for want of knowledge or information
sufficient to form a belief as to its truth.
4 In response to paragraph 4 of Plaintiffs’ complaint, Defendants state that Meijer
Stores Limited Partnership owned and operated a business located at 1355 N. Lexington-
Springmill Road in Richland County, Ohio and otherwise deny the remainder of the allegations in
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 29 11:47 AM-23CV003772
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paragraph 4 of the Complaint.
5 Defendants deny the allegations contained in paragraph 5 of Plaintiffs’ complaint
either for want of knowledge or information sufficient to form a belief as to their truth or because
they are not true.
6 Defendants deny the allegations contained in paragraph 6 of Plaintiffs’ complaint
either for want of knowledge or information sufficient to form a belief as to their truth or because
they are not true.
7 Defendants deny the allegations contained in paragraph 7 of Plaintiffs’ complaint.
8 Defendants deny the allegations contained in paragraph 8 of Plaintiffs’ complaint.
Defendants deny that Plaintiff is entitled to the claims for relief contained in the “wherefore
clause.” Defendants further deny all allegations contained in Plaintiff's Complaint, which are not
specifically admitted to herein.
AFFIRMATIVE DEFENSES
1 Plaintiffs Complaint fails to state a claim upon which relief can be granted.
2. Any damage or injuries suffered by Plaintiff was proximately caused by her own
contributory negligence, thus barring or limiting recovery as provided by Ohio Revised Code §
2315.35.
3 Any damages or injuries sustained by Plaintiff were the result solely of her own
conduct.
4 Recovery is barred as the alleged hazard in this case was open and obvious to
Plaintiff.
5 Plaintiff has failed to mitigate her damages.
6 Any injuries sustained by Plaintiff were the result of conditions or occurrences for
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 29 11:47 AM-23CV003772
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which Defendants were not responsible.
7 Plaintiff’ s claims are barred because the accident could not have been reasonably
foreseen and avoided by the use of ordinary care.
8 Plaintiffs claim is barred by the applicable statute of limitations.
9 Tf Plaintiff has declared bankruptcy subsequent to the date of the accident or event
giving rise to the claims filed herein, she lacks standing to maintain this action and is estopped
from doing so.
10. Plaintiff’ s damages were the result of unrelated, pre-existing, or subsequent
conditions unrelated to defendant’s conduct.
11. To the extent that she has assigned her right to recover for bills incurred, Plaintiff
lacks standing and has no right to collect those amounts.
12. Plaintiff has failed to join all parties necessary for a just adjudication of this
dispute, namely any health insurer and/or governmental agency who has or may have a
subrogation claim or other interest in this lawsuit.
13. The damages which Plaintiff may be entitled to recover if liability is established
are capped pursuant to Ohio Revised Code § 2315.18.
14. Defendant Meijer Group, Inc. is not a proper party to this action.
15. Defendants reserve the right to assert additional defenses for which discovery
reveals a basis.
WHEREFORE, having fully answered Plaintiffs’ Complaint, Defendants Meijer Group,
Inc. and Meijer Stores Limited Partnership request that the Court dismiss Plaintiffs’ claims against
it, with prejudice, and that it be awarded attorney fees and the cost of this action, together with
such other relief as the Court deems just and proper.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 29 11:47 AM-23CV003772
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JURY DEMAND
Defendants Meijer Stores Limited Partnership and Meijer Group, Inc. demand a trial by
jury composed of the maximum number of jurors allowable by law.
Respectfully submitted,
La lx
AL M. MIKY O WSKI GO8390}
ESTON HURD
1300 East 9" Street, Suite 1400
Cleveland, OH 44114
(216) 241-6602
(216) 621-8369 (Fax)
Attorney for Defendants Meijer Stores Limited
Partnership and Meijer Group, Inc.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 29 11:47 AM-23CV003772
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CERTIFICATE OF SERVICE
Thereby certify that on this 29" day of June 2023, a copy of the foregoing Answer was filed
electronically. Notice of this filing will be sent to the following parties through the Court’s
Electronic Case Filing System. Parties may access this filing through the Court’s system.
vi
Jo: a M. Miklowski (0085690)
ey for Defendants Meijer Stores
ited Partnership and Meijer Group Inc.
Document Filed Date
June 29, 2023
Case Filing Date
May 25, 2023
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 29 11:47 AM-23CV003772 0G446 - Al IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO LISA CORNELL CASE NO. 23CV003772 Plaintiff JUDGE ANDY D. MILLER v ANSWER TO PLAINTIFFS’ COMPLAINT MEIJER GROUP, INC., et al (Jury Demand Endorsed Hereon) Defendants Now come Defendants Meijer Stores Limited Partnership and Meijer Group, Inc., by and through undersigned counsel, and for their Answer to the Complaint filed by Lisa Cornell (“Plaintiff”), hereby states as follows: 1 Defendants deny the allegations in paragraph 1 of the Complaint for lack of knowledge or information sufficient to form a belief as to their truth. 2 In response to Paragraph 2, Defendants admit that the Meijer Group, Inc. is organized under the laws of the State of Michigan and licensed to do business in the State of Ohio. Defendants otherwise deny Paragraph 2 for want of knowledge or information sufficient to form a belief as to its truth. 3 In response to Paragraph 3, Defendants admit that the Meijer Stores Limited Partnership is organized under the laws of the State of Michigan and licensed to do business in the state of Ohio. Defendants otherwise deny Paragraph 3 for want of knowledge or information sufficient to form a belief as to its truth. 4 In response to paragraph 4 of Plaintiffs’ complaint, Defendants state that Meijer Stores Limited Partnership owned and operated a business located at 1355 N. Lexington- Springmill Road in Richland County, Ohio and otherwise deny the remainder of the allegations in Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 29 11:47 AM-23CV003772 0G446 - A2 paragraph 4 of the Complaint. 5 Defendants deny the allegations contained in paragraph 5 of Plaintiffs’ complaint either for want of knowledge or information sufficient to form a belief as to their truth or because they are not true. 6 Defendants deny the allegations contained in paragraph 6 of Plaintiffs’ complaint either for want of knowledge or information sufficient to form a belief as to their truth or because they are not true. 7 Defendants deny the allegations contained in paragraph 7 of Plaintiffs’ complaint. 8 Defendants deny the allegations contained in paragraph 8 of Plaintiffs’ complaint. Defendants deny that Plaintiff is entitled to the claims for relief contained in the “wherefore clause.” Defendants further deny all allegations contained in Plaintiff's Complaint, which are not specifically admitted to herein. AFFIRMATIVE DEFENSES 1 Plaintiffs Complaint fails to state a claim upon which relief can be granted. 2. Any damage or injuries suffered by Plaintiff was proximately caused by her own contributory negligence, thus barring or limiting recovery as provided by Ohio Revised Code § 2315.35. 3 Any damages or injuries sustained by Plaintiff were the result solely of her own conduct. 4 Recovery is barred as the alleged hazard in this case was open and obvious to Plaintiff. 5 Plaintiff has failed to mitigate her damages. 6 Any injuries sustained by Plaintiff were the result of conditions or occurrences for Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 29 11:47 AM-23CV003772 0G446 - A3 which Defendants were not responsible. 7 Plaintiff’ s claims are barred because the accident could not have been reasonably foreseen and avoided by the use of ordinary care. 8 Plaintiffs claim is barred by the applicable statute of limitations. 9 Tf Plaintiff has declared bankruptcy subsequent to the date of the accident or event giving rise to the claims filed herein, she lacks standing to maintain this action and is estopped from doing so. 10. Plaintiff’ s damages were the result of unrelated, pre-existing, or subsequent conditions unrelated to defendant’s conduct. 11. To the extent that she has assigned her right to recover for bills incurred, Plaintiff lacks standing and has no right to collect those amounts. 12. Plaintiff has failed to join all parties necessary for a just adjudication of this dispute, namely any health insurer and/or governmental agency who has or may have a subrogation claim or other interest in this lawsuit. 13. The damages which Plaintiff may be entitled to recover if liability is established are capped pursuant to Ohio Revised Code § 2315.18. 14. Defendant Meijer Group, Inc. is not a proper party to this action. 15. Defendants reserve the right to assert additional defenses for which discovery reveals a basis. WHEREFORE, having fully answered Plaintiffs’ Complaint, Defendants Meijer Group, Inc. and Meijer Stores Limited Partnership request that the Court dismiss Plaintiffs’ claims against it, with prejudice, and that it be awarded attorney fees and the cost of this action, together with such other relief as the Court deems just and proper. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 29 11:47 AM-23CV003772 0G446 - A JURY DEMAND Defendants Meijer Stores Limited Partnership and Meijer Group, Inc. demand a trial by jury composed of the maximum number of jurors allowable by law. Respectfully submitted, La lx AL M. MIKY O WSKI GO8390} ESTON HURD 1300 East 9" Street, Suite 1400 Cleveland, OH 44114 (216) 241-6602 (216) 621-8369 (Fax) Attorney for Defendants Meijer Stores Limited Partnership and Meijer Group, Inc. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 29 11:47 AM-23CV003772 0G446 - A5 CERTIFICATE OF SERVICE Thereby certify that on this 29" day of June 2023, a copy of the foregoing Answer was filed electronically. Notice of this filing will be sent to the following parties through the Court’s Electronic Case Filing System. Parties may access this filing through the Court’s system. vi Jo: a M. Miklowski (0085690) ey for Defendants Meijer Stores ited Partnership and Meijer Group Inc.