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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 09 2:57 PM-23CV003120
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COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
SHELBA J. MOORE, ) CASE NO. 23 CV 003120
Plaintiff, ) JUDGE BILL A. SPERLAZZA
vs. ANSWER
TY'VON COLVIN, et al.,
) JURY DEMAND ENDORSED HEREON
Defendants.
)
Now come Defendants, Ty'von Colvin and Sherri Prince, and for their joint but separate
Answers to Plaintiff's Complaint, state as follows:
1 Defendant denies the allegations in Paragraphs 7, 8, 9, 10, 12, 13, 14, 16, 17, 18
and 19
2 Defendant is without knowledge sufficient to form a belief as to the truth or falsity
of the allegations contained in Paragraphs 1, 2, 3, 4, 5 and 6, or they are untrue, and are denied.
3 Defendant denies each and every remaining allegation in the Complaint not
specifically admitted to be true herein
AFFIRMATIVE DEFENSES
1 Defendant states that Plaintiffs Complaint fails to state a claim upon which relief can
be granted.
2 Defendant states that Plaintiff has failed to join necessary and indispensable parties
including, but not limited to interested parties needed for just adjudication, and persons,
partnerships, or corporations who have, or claim to have, a subrogated interest for medical
expenses allegedly incurred by Plaintiff and arising out of Plaintiff's Complaint.
3 Defendant states that the evidence in this case may establish that Plaintiff was
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 09 2:57 PM-23CV003120
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contributorily and/or comparatively negligent, and/or assumed the risk of harm, proximately causing
the alleged injuries and damages.
4 Defendant is entitled to a set-off.
5 Plaintiff's claim is untimely, and is barred under the applicable statute of limitations.
6 There exists insufficiency of process, service of process and a lack of jurisdiction
over the person of the Defendant pursuant to Civil Rule 12(B).
7 To the extent the evidence shows, Plaintiffs claim was caused by the conduct of third
parties over whom this answering defendant lacked control.
8 To the extent the evidence shows, any damages allegedly sustained by Plaintiff were
proximately caused by one or more joint tortfeasors.
WHEREFORE, having answered the Complaint, Defendant asks to be dismissed
with prejudice at Plaintiffs’ own costs.
Defendant hereby demands a trial by jury
Respectfully submitted,
/s/ Joseph V. Erwin
JOSEPH V. ERWIN, (#0052070)
Law Office of Joseph V. Erwin
Mailing Address
P.O. Box 258829
Oklahoma City OK 73125-8829
Telephone: (614) 734-3280
Facsimile: (855) 472-9294
Joseph.erwin@farmersinsurance.com
Attorney for Defendants,
Ty'von Colvin and Sherri Prince
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 09 2:57 PM-23CV003120
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NOTICE
All attorneys and staff of the Law Office of Joseph V. Erwin are employees of Farmers
Insurance Exchange, a Member of the Farmers Insurance Group of Companies, and not a partnership.
CERTIFICATE OF SERVICE
A copy of the foregoing was served this 9th day of August, 2023, via First-Class United States
mail, postage prepaid, and/or electronic mail to the following
Edwin J. Hollern, Esq
Hollern & Associates
522 N. State Street, Suite A
Westerville, Ohio 43082
ehollern@ejhlaw.com
Attorney for Plaintiff, Shelba Moore
M. Jason Founds, Esq.
Gallagher, Gams, Tallan, Barnes & Littrell LLP
471 E. Broad Street, 19th Floor
Columbus, Ohio 43215
jfounds@ggtbl.com
/s/ Joseph V. Erwin
Joseph V. Erwin
Attorney for Defendants,
Ty'von Colvin and Sherri Prince
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 09 2:57 PM-23CV003120 OG500 - Aé COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO SHELBA J. MOORE, ) CASE NO. 23 CV 003120 Plaintiff, ) JUDGE BILL A. SPERLAZZA vs. ANSWER TY'VON COLVIN, et al., ) JURY DEMAND ENDORSED HEREON Defendants. ) Now come Defendants, Ty'von Colvin and Sherri Prince, and for their joint but separate Answers to Plaintiff's Complaint, state as follows: 1 Defendant denies the allegations in Paragraphs 7, 8, 9, 10, 12, 13, 14, 16, 17, 18 and 19 2 Defendant is without knowledge sufficient to form a belief as to the truth or falsity of the allegations contained in Paragraphs 1, 2, 3, 4, 5 and 6, or they are untrue, and are denied. 3 Defendant denies each and every remaining allegation in the Complaint not specifically admitted to be true herein AFFIRMATIVE DEFENSES 1 Defendant states that Plaintiffs Complaint fails to state a claim upon which relief can be granted. 2 Defendant states that Plaintiff has failed to join necessary and indispensable parties including, but not limited to interested parties needed for just adjudication, and persons, partnerships, or corporations who have, or claim to have, a subrogated interest for medical expenses allegedly incurred by Plaintiff and arising out of Plaintiff's Complaint. 3 Defendant states that the evidence in this case may establish that Plaintiff was Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 09 2:57 PM-23CV003120 OG500 - Aé contributorily and/or comparatively negligent, and/or assumed the risk of harm, proximately causing the alleged injuries and damages. 4 Defendant is entitled to a set-off. 5 Plaintiff's claim is untimely, and is barred under the applicable statute of limitations. 6 There exists insufficiency of process, service of process and a lack of jurisdiction over the person of the Defendant pursuant to Civil Rule 12(B). 7 To the extent the evidence shows, Plaintiffs claim was caused by the conduct of third parties over whom this answering defendant lacked control. 8 To the extent the evidence shows, any damages allegedly sustained by Plaintiff were proximately caused by one or more joint tortfeasors. WHEREFORE, having answered the Complaint, Defendant asks to be dismissed with prejudice at Plaintiffs’ own costs. Defendant hereby demands a trial by jury Respectfully submitted, /s/ Joseph V. Erwin JOSEPH V. ERWIN, (#0052070) Law Office of Joseph V. Erwin Mailing Address P.O. Box 258829 Oklahoma City OK 73125-8829 Telephone: (614) 734-3280 Facsimile: (855) 472-9294 Joseph.erwin@farmersinsurance.com Attorney for Defendants, Ty'von Colvin and Sherri Prince Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 09 2:57 PM-23CV003120 OG500 - Aé NOTICE All attorneys and staff of the Law Office of Joseph V. Erwin are employees of Farmers Insurance Exchange, a Member of the Farmers Insurance Group of Companies, and not a partnership. CERTIFICATE OF SERVICE A copy of the foregoing was served this 9th day of August, 2023, via First-Class United States mail, postage prepaid, and/or electronic mail to the following Edwin J. Hollern, Esq Hollern & Associates 522 N. State Street, Suite A Westerville, Ohio 43082 ehollern@ejhlaw.com Attorney for Plaintiff, Shelba Moore M. Jason Founds, Esq. Gallagher, Gams, Tallan, Barnes & Littrell LLP 471 E. Broad Street, 19th Floor Columbus, Ohio 43215 jfounds@ggtbl.com /s/ Joseph V. Erwin Joseph V. Erwin Attorney for Defendants, Ty'von Colvin and Sherri Prince