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IN THE COURT OF COMMON PLEAS,
SUMMIT COUNTY, OHIO
Cresswell, et al.,
Case No: CV-2022-04-1096
Plaintiffs
Vv. Judge Kelly McLaughlin
Janco Cleaning Services, Inc., et al,
Defendants
PLAINTIFF’S MEMORANDUM IN CONTRA TO DEFENDANT’S MOTION TO
STRIKE EXHIBIT 6 OF PLAINTIFF’S MEMORANDUM IN OPPOSITION TO
DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
I Introduction and Statement of Facts
Although the facts of this case have been related elsewhere, a brief summary is in order.
On April 15, 2020, Plaintiff Brian Cresswell slipped on a patch of wet linoleum flooring while
working on the premises of the Akron Municipal Services Center (“AMSC”), a complex of
buildings owned by the City of Akron. In April of 2022, Mr. Cresswell filed the instant case
against Defendant Janco Cleaning Services, Inc., the contractor responsible for maintaining the
floors of the AMSC.
On August 25, 2022, Plaintiff sent initial discovery, including Interrogatories and
Requests for Production of documents, to Defendant Janco. (See Affidavit of Hannah Klang,
attached hereto; see also Discovery Requests, attached collectively hereto as Exhibit A). Among
other items, Plaintiffs’ Discovery Requests included the following interrogatory and request for
production:
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Interrogatory #3: State the name and addresses of all persons whom you, or
anyone acting on your behalf, know or believe...were present at the scene of the
incident immediately after its occurrence.
se
Request for Production of Documents #17: Complete copies of the personnel
files of any and all employees and/or agents who were responsible for cleaning
and/or maintaining the subject premises on the date of the incident, including
disciplinary records, complaint records, education or training history, drug tests,
criminal background checks, and any other documents kept in the regular course
of business.
On October 21, 2022, Counsel for Defendant Janco served answers to the Discovery
Requests. (See Answers to Discovery Requests, attached collectively hereto as Exhibit B). In
response to Interrogatory #3, Janco identified two individuals who were present at the AMSC at
the time of the slip and fall: Quincy Alexander and Linda Simek. Janco also provided personnel
files for both employees. No other individuals were identified in the answers, and no other
personnel files were provided to Plaintiff’s counsel at the time.
On November 14, 2021, Linda Simek was deposed by Plaintiff’s Counsel. During the
deposition, Ms. Simek identified a third Janco employee, a man named Michael Johnson, as the
individual responsible for mopping and cleaning the floors of the AMSC, including the area
where Plaintiff slipped and fell. (See Deposition of Linda Simek at 58 - 59, filed May 2, 2023).
Ms. Simek further stated that Mr. Johnson was present at the AMSD at the time of the slip and
fall and that he had since been fired.
Upon learning of Mr. Johnson’s role at Janco, Counsel for Plaintiff requested his
complete personnel file. Defense counsel responded by furnishing the document attached hereto
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as Exhibit C. Notably, this document omitted any information about Mr. Johnson’s departure
from the company, including the reason for and date of his firing.
Counsel for Plaintiff attempted to depose Mr. Johnson twice, first in November 2021 and
then in March 2023. Mr. Johnson failed to appear on both occasions.
On December 29, Plaintiff’s Counsel deposed John Yanak, owner of Janco Cleaning
Services, Inc., and Michael Dukes, the general manager. During these depositions, it became
apparent that the copy of Mr. Johnson’s personnel file provided to Plaintiff’s Counsel was
incomplete—specifically in that it did not include a “termination sheet” identifying the reasons
for Mr. Johnson’s termination. Plaintiff’s counsel immediately asked for the complete file.
On January 10, 2023, after all depositions in this case had been completed, defense
counsel produced Mr. Johnson’s complete personnel file, which is attached hereto as Exhibit D.
Unlike the prior document, the second version of the file included a termination sheet signed by
Linda Simek. On the termination sheet, in a section asking her to identify the reasons for Mr.
Johnson’s firing, Ms. Simek wrote the following note: “LAZY, LAZY, LAZY. No call > no
show.”
Defendant Janco now moves to strike Mr. Johnson’s complete personnel file—including
the termination sheet—and mitigate the impact it has on the pending Motion for Summary
Judgment. For the reasons below, Defendant’s motion should be denied.
iI. Law and Argument
Civ.R. 56(C) limits the type of evidence in support of summary judgment motions to
pleadings, depositions, answers to interrogatories, written admissions, affidavits, transcripts of
evidence, and written stipulations of fact. Rowe v. Striker, 9th Dist. Lorain No. 07CA009296,
2008-Ohio-5928, 4 16. Notwithstanding these limitations, the Ninth District Court of Appeals
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has held that a trial court has the discretion to consider evidence outside of the ambit of Civ.R.
56(C) evidence when the opposing party fails to object to the same. Richardson v. Auto-Owners
Mut. Ins. Co., 9th Dist. Summit No. 21697, 2004-Ohio-1878, § 29. (Emphasis added). The
procedure for introducing evidentiary matter not specifically authorized by Civ.R. 56(C) is to
incorporate it by reference in a properly framed affidavit pursuant to Civ.R. 56(E). See,
e.g., State, ex rel. Corrigan, v. Seminatore (1981), 66 Ohio St.2d 459, 467, 20 0.0.3d 388, 393,
423 N.E.2d 105, 111
Janco’s motion to strike is defined by a contradiction: Janco is essentially disputing the
authenticity of its own employment records—trecords it created and maintained in the ordinary
course of business—on hearsay grounds. The absurdity of this position is patent. After all,
Plaintiff did not create Mr. Johnson’s personnel file; Plaintiff simply requested it, and the exhibit
Janco now seeks to strike is a copy of the very file Janco itself produced in response to Plaintiff’s
requests. Several pages of this file were printed on Janco letterhead, and some were signed by
Janco administrators, including Linda Simek. On these facts alone, the file’s authenticity can be
treated as a given, and the Court need not entertain Janco’s paradoxical suggestion that its own
employment files are not what they appear to be.
More importantly, Janco’s motion should be denied so that it is not rewarded for the
careless approach to discovery it has taken throughout this case. Plaintiff first requested
employment records for all employees on the premises of the AMSC back in August 2022, long
before any depositions in the case had been taken. If Janco had responded to that request on time
and in earnest, Plaintiff would have had ample opportunity to authenticate Mr. Johnson’s
employment records. Instead, Janco effectively denied Mr. Johnson’s existence for several
months, served an incomplete personnel file once his role was determined, and waited to provide
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the complete file until after depositions had been taken. What Janco characterizes as Plaintiff’s
failure to authenticate the file is more accurately framed as Janco’s systematic effort to prevent
the Exhibit from being authenticated. In any case, Janco should not be let off the hook for its
haphazard record-keeping, which itself forms the basis of Plaintiffs Negligent Hiring claim.
Finally, Janco’s motion to strike is rendered moot by the attached Affidavit of Hannah
Klang, which, in accordance with Civ.R. 56(E), incorporates Mr. Johnson’s complete personnel
file by reference, irrespective of Defendant Janco’s objections.
Il. Conclusion
For the foregoing reasons, and with no other issues to be resolved, Defendant Janco’s
Motion to Strike should be denied, and the Court should decide the pending Motion for
Summary Judgment on the basis of all materials submitted with the briefs.
Respectfully submitted,
s/Hannah Klang
Hannah Klang (0090470)
MERRIMAN LEGANDO WILLIAMS & KLANG,
LLC
1360 West 9th Street, Suite 200
Cleveland, Ohio 44113
T. (216) 522-9000
F. (216) 522-9007
E. hannah@merrimanlegal.com
Counsel for Plaintiff
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CERTIFICATE OF SERVICE
Thereby certify that that on June 20, 2023, a copy of the foregoing was filed electronically with the
Court. Notice of this filing will be sent by operation of the Court’s electronic filing system to all parties
indicated on the electronic filing receipt. Parties may access this filing through the Court’s system.
Respectfully submitted,
s/Hannah Klang
Hannah Klang (0090470)
Counsel for Plaintiffs
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AFFIDAVIT OF HANNAH KLANG
STATE OF OHIO )
) ss.
COUNTY OF CUYAHOGA )
Hannah Klang, after being duly sworn according to law, deposes and says:
Tam over 18 yeats old and have personal knowledge of the matters stated herein.
Tam counsel of record in the matter of Cresswell, et al., v. Janco Cleaning Services,
Inc., et al., Summit County Court of Common Pleas, Case No. CV-2022-04-1096,
pending before Honorable Judge Kelly McLaughlin.
On August 25, 2022, I served Defendant Janco's Counsel with Interrogatories and
Requests for Production seeking the identities of and complete personnel files for
any and all employees of Defendant Janco who were responsible for providing
custodial services at the Akron Municipal Services Center on April 15, 2020.
On October 21, 2022, in response to the aforementioned discovery requests,
Defendant Janco identified two employees: Linda Simek and'Quincy Alexander.
Defendant Janco also provided personnel files for both employees.
During the deposition of Linda Simek on November 14, 2022, I learned that a third
Janco employee who was working on the premises of the Akron. Municipal Services
Center on April 15, 2020: Michael Johnson. I also learned that Mr. Johnson’s
employment with Janco ended shortly after the accident. I subsequently requested a
copy of Mr. Johnson’s personnel file from Counsel for Janco, and later that day—
November 14, 2022—I received the document attached hereto as Exhibit C. The
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document omitted a “termination sheet” detailing the circumstances of Mr. Johnson’s
departure from Janco.
I attempted to depose Mr. Johnson twice, first on November 29, 2022 and then on
March 28, 2023. Mr. Johnson failed to appear for both depositions.
On December 29, 2022, I deposed John Yanak, the owner of Janco Cleaning Services,
Inc., and Michael Dukes, the General Manager of Janco Cleaning Services, Inc. During
these depositions, I learned that the copy of Michael Johnson’s personnel file that I
received on November 14, 2022 was incomplete. I immediately asked defense counsel
for a copy of Mr. Johnson’s complete personnel file.
On January 10, 2023, after all depositions in this case had been completed, I received
Michael Johnson’s complete personnel file, a copy which is attached hereto as Exhibit
D. Unlike the November 14, 2022 document, this personnel file included a “termination
sheet” signed by Linda Simek identifying the reason for Mr. Johnson’s departure as
“lazy, lazy, lazy. No call > no show.”
FURTHER AFFIANT SAITH NAUGHT.
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SUBSSCRIBED and SWORN before me this 20th day of June, 2023.
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IN THE COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO
BRIAN CRESSWELL Case No. CV-2022-04-1096
PLAINTIFF Judge Kelly McLaughlin
AND
PLAINTIFF BRIAN CRESSWELL’S
OHIO BUREAU OF WORKERS’ FIRST SET OF INTERROGATORIES,
COMPENSATION, REQUESTS FOR PRODUCTION OF
DOCUMENTS, AND REQUESTS
INVOLUNTARY PLAINTIFF FOR ADMISSIONS DIRECTED TO
DEFENDANTS
JANCO CLEANING SERVICE, INC., ET AL.,
DEFENDANTS
Pursuant to Rules 33, 34, and 36 of the Ohio Rules of Civil Procedure, Plaintiff
Brian Cresswell hereby requests that Defendants Janco Cleaning Services, Inc., Janco
Services, Inc., and Janco Services Industries, AKA J.A.N. Services, Inc., answer the
following Interrogatories, Requests for Admission, and permit Plaintiff's attorney(s) to
inspect and/or copy all of the documents and tangible items hereinafter requested in the
First Requests for Production of Documents, or provide a true and accurate copy of each
item requested, to Plaintiffs’ counsel, Merriman Legal, LLC, located at 1360 West Ninth
Street, Suite 200, Cleveland, Ohio 44113, within twenty-eight (28) days of service hereof.
Each matter for which an admission is requested shall be deemed admitted if no denial
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or detailed answer why the answering party cannot admit or deny the matter is
provided.
Where the name or identity of a person is requested, please state the full name,
home address, and also business address, if known. Unless otherwise indicated, these
Interrogatories refer to the time, place and circumstances of the occurrence mentioned or
complained of in the pleadings. Where knowledge or information or possession of a
party is requested, such request includes knowledge of the party's agents, representatives
and, unless privileged, its attorneys. When answer is made by a corporate Plaintiff, state
the name, address and title of the person supplying the information and making the
affidavit, and the source of this information. The pronoun "you" refers to the party to
whom these interrogatories are addressed and the persons mentioned in paragraph.
The Interrogatories and Requests for Production are to be answered, in writing
and under oath, and are deemed to be of a continuing nature and should be
supplemented in accordance with the Ohio Rules of Civil Procedure within five days
prior to trial.
DEFINITIONS
The term “incident” refers to the incident, described in Plaintiff’s Complaint, in
which Plaintiff Brian Cresswell slipped and fell while walking down the hallways of
1420 Triplett Boulevard, Bldg #2, Akron, Ohio 44306 on the evening of April 15, 2020.
The term “subject premises” refers to the real property located at 1420 Triplett
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Boulevard, Bldg #2, Akron, Ohio 44306.
The term “hallways” refers to the interior hallways of the real property located at
1420 Triplett Boulevard, Bldg #2, Akron, Ohio 44306, as described in Plaintiff's
Complaint.
The term “any” shall include the collective as well as the singular and shall mean
"any and all," “each,” “all,” and “every” and these terms shall be interchangeable.
“Identity” or “identify,” when used with reference to a natural person, means to
state with respect to such person:
A Their name;
B Their present residence, address and telephone number;
The name and address of the person by whom they are employed;
Their title, duty, or position at their place or places of
employment/affiliation; and
Their past and present relationship to those persons referenced
within the Interrogatory and/or Request.
“Identity” or “identify”, when used with respect to a document, means to assign
anumber to such document starting with “1" and continuing consecutively for each
document and to state:
A Type of document (letter, memorandum, etc.);
B. The author/addresser of the document;
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The addressee of the document;
All indicated or blind copies;
Date;
Subject matter;
Number of pages;
Attachments or appendices;
All persons to whom it or its contents were distributed, shown or
explained;
Present custodian; and
The identity of each natural person whose testimony could be used
to authenticate the document.
All subsequent references to a document once identified may be made by stating
the document’s identification number assigned by you pursuant to the above
instruction.
“Identify,” when used with reference to a communication, means to:
A State the name of the person making or originating the
communication;
State the names of all persons to whom or in whose presence the
communication was made.
State when and where the communication was made;
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D Identify all documents which embody, relate or refer to the
communication; and
E. State the substance of the communication.
“Identity” or “identify,” when used with respect to a fact or reason, means to
state for each such fact or reason:
A All events, conditions, date observations, or states of affairs which
support or relate to the fact or reason;
All subsidiary facts, data, or observations from which the fact or
reason is observed, inferred or directed;
The logical reasoning by which the fact or reason is inferred from
subsidiary events, conditions, observations, dates or states of
affairs; and.
D. The corroborating facts, reasons or data.
“Person” shall mean an individual, corporation, partnership or association or
any other business or governmental entity.
The terms “and” and “or” as used herein are to be construed to make the request
inclusive rather than exclusive.
INSTRUCTIONS
In responding to the document requests, produce separately all documents
_available at the time of responding or which can be located or discovered by reasonably
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diligent efforts, including documents in the possession of its agents and representatives
as well as documents stored electronically.
If you claim privilege or assert any other objection, whether based on statute,
common law or otherwise as a ground for not producing any requested document, please
furnish a list identifying each document for which the privilege or other objection is
claimed together with the following information: date, sender, recipient, persons to
whom copies were furnished together with their job titles, subject matter, basis on which
privilege or other objection is claimed, and the number of each request to which such
document responds. If you claim privilege or assert any other objection with regard to
only part of a document, produce the part to which there is no objection.
If any document or copy thereof was but is no longer in your possession or subject
to your control, please state and specify in detail for each such document: the type of
document, the types of information contained therein, the date upon which it ceased to
exist, the disposition that was made of it, the identity of all persons having knowledge of
the circumstances of its disposition, and the identity of all persons having knowledge of
the contents thereof.
INTERROGATORIES
1. Please state the name, title, and work address and telephone number of each
person who assisted or participated in preparing and/or supplying any of the
information given in answer to, or relied upon, in preparing answers to these
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interrogatories.
ANSWER:
Please identify the correct legal entity that was responsible for providing
cleaning, custodial, and/or maintenance services at the subject premises as of
April 15, 2020, stating the date on which such entity was formed; the address and
identity of the entity’s statutory agent, if any; the State of incorporation; the
name(s) and address(es) of all officers, directors, general partners, limited
partners and all other parties with any interest in your organization.
ANSWER:
State the name and addresses of all persons whom you, or anyone acting on your
behalf, know or believe:
Actually witnessed the incident;
Were present at the scene of the incident immediately after its occurrence;
Were in sight or hearing of the incident at the time of its occurrence;
Witnessed any of the events leading up to the incident, subsequent to the
:
L incident, or of the subsequent investigation; and
Those who have any knowledge or information as to any facts pertaining
to the circumstances and/or manner of the happening of the alleged
incident or the nature of the injuries sustained in the alleged incident.
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ANSWER:
Identify each person, employee, representative, and/or agent who was
responsible for maintaining, sweeping, cleaning, mopping, and/or clearing the
hallways of the subject premises on the date of the incident, and state:
Which entity they were working for at the time of the incident;
Whether they are currently employed by you;
Their present employment position with you (title and status (employee,
independent contractor, etc.);
Their employment position at the time of the occurrence;
A description of their employment task(s) on the date of the occurrence.
ANSWER:
Identify each person, employee, representative, and/or agent of the named
Defendants who was present at the subject premises on the date of the incident.
ANSWER:
Identify each person, employee, representative, and/or agent of the named
Defendants who was responsible for documenting any and all maintenance of
and/or cleaning of the subject premises in the year prior to the incident.
ANSWER:
Identify any and all persons and/or entities responsible for drafting safety
protocols and/or safety manuals and/or cleaning manuals or instructions
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pertaining to the cleaning and/or maintenance of the hallways at the subject
premises.
ANSWER:
8. Identify the person(s) in charge of maintenance, cleaning and/or custodial
operations at the subject premises at the time of the incident.
ANSWER:
Were any visual representations, including photographs or video, taken of the
scene of the incident or of Plaintiff? If so, , please:
a. Identify the person taking said visual representations;
b. State the date on which said visual representations were taken;
c. Identify all persons who presently have copies of said visual
representations;
Produce any and all visual representations with your answers to these
Interrogatories.
ANSWER:
10, Other than the subject incident, has any person reported slipping, tripping,
and/or falling in the hallways at the subject premises after you provided cleaning
services during the two-year period prior to the date of this incident? If so, as to
each reported slip, trip, and/or fall, please provide the following information:
a. The date of each such incident;
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b. A brief description of each such incident, including the type of surface on
which the person involved in each such incident slipped and/or tripped
and/or fell and the height from which the person involved in each such
incident slipped and/or tripped and/or fell;
A brief description of the injuries suffered by any person involved in each
such incident;
Whether any of the incidents referred to above resulted in a claim and/or
lawsuit, and if so, the name of each claimant, the filing of each such claim
and/or lawsuit, the civil number, if any, and a summary of the disposition
of each such claim or lawsuit.
ANSWER:
11. During the two-year period before this incident, did you receive any reports
and/or complaints regarding the condition of the hallways where this incident
occurred? If so, please state:
a. The date of such complaint and/or report;
b. Whether or not you have maintained any documentary materials of any
kind or nature relating or referring to such complaints or reports;
c. What action, if any, was taken by you with respect to such complaint
and/or report.
ANSWER:
10
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12. On the date of this incident, was there a system or routine of any kind in place
for maintaining, cleaning, and/or mopping the floors of the hallways where this
incident occurred? If so, please provide:
a. A general description of such system or routine;
b. The name, address, and particular duties of each person responsible for
performing such system and/or routine in the general area where this
incident occurred as of the date of this incident;
The name, title, address, and particular duties of each person responsible
for the general supervision of such system or routine as of the date of the
incident;
The date on which such system or routine went into effect;
Whether or not such system is presently in effect.
ANSWER:
13. Please state the location of and describe any and all pedestrian hazard and/or
warning signs present at the subject premises at the time of the incident.
ANSWER:
14, What pedestrian hazard and/or pedestrian warning signs, if any, were in use in
the hallways of the subject premises at the time the incident occurred.
ANSWER:
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15. If it is the defendants’ contention that the Plaintiff's injuries were caused by some
entity, person, or persons other than you, any agent, or employee of the
defendants, or any person over whom the defendants have control, please
identify such other person or entity fully, giving name and address.
ANSWER:
16. What substances and/or cleaning products were used to clean, maintain, and/or
mop the hallways at the subject premises as of April 15, 2020?
ANSWER:
17. In the year preceding the subject incident, how many times per-week were the
hallways at the subject premises mopped?
ANSWER:
18. Identify the person, employee, agent, and/or representative most qualified to
testify about maintenance, cleaning, code compliance, training of cleaning staff,
and/or safety at the subject premises both prior to and on the date on the
incident.
ANSWER:
12
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RE UESTS FOR PRODUCTION OF DOCUMENTS
All written or recorded statements of any person concerning the subject incident.
RESPONSE:
All documents pertaining to the cleaning and/or maintenance of the hallways at
the subject premises.
RESPONSE:
Any correspondence between Plaintiff and Defendants, and any of their
employees, agents, or representatives.
RESPONSE:
Any correspondence between Defendants and/or any of their employees, agents,
or representatives regarding the Plaintiff.
RESPONSE:
Any correspondence between Defendants and/or any of their employees, agents,
or representatives regarding the hallways and/or subject premises.
RESPONSE:
Any correspondence between Defendants and/or any of their employees, agents,
or representatives regarding the hallways, subject premises, or incident and the
City of Akron, Bureau of Workers Compensation, or anyone else regarding
Plaintiff, the incident, and the cleaning methods used on the date of the incident.
RESPONSE:
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Any photographs of the hallways where the subject incident occurred.
RESPONSE:
Any surveillance video showing the area of the incident shortly before, during,
and after the incident occurred.
RESPONSE:
Any statements of any witnesses taken by or on behalf of the Defendants or
reproductions of any recorded statements of the Plaintiff.
RESPONSE:
10. Complete copies of any written report of slip(s) and/or trip(s) and/or fall(s) on
subject premises in the two-year period prior to the date of this incident.
RESPONSE:
11 Complete copies of any report and/or complaint made regarding the condition of
the hallways at the subject premises.
RESPONSE:
12 Complete copies of any policies, procedures, and/or manuals dealing with safety
or access at the subject premises, including safety protocols for slip and fall
hazards.
RESPONSE:
13 Complete copies of any policies, procedures and/or manuals regarding the
cleaning and/or maintenance of the subject premises.
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RESPONSE:
14. Complete copies of any training manuals, guidelines, instructions, handbooks,
tules, handouts, briefing notes, slide presentations, and/or memoranda provided
to the employees and/or agents who were responsible for cleaning and/or
maintenance of the subject premises at the time of the incident.
RESPONSE:
15. Complete copies of any agreement between the named Defendants and any
individual or entity hired to assist with the maintenance, cleaning, or care of the
hallways where this incident occurred.
RESPONSE:
16. Complete copies of any agreements between the named Defendants and the City
of Akron regarding the maintenance, cleaning, and/or care of the subject
:
p uses.
RESPONSE:
17. Complete copies of the personnel files of any and all employees and/or agents
who were responsible for cleaning and/or maintaining the subject premises on
the date of the incident, including disciplinary records, complaint records,
education or training history, drug tests, criminal background checks, and any
other documents kept in the regular course of business.
RESPONSE:
15
Sandra Kurt, Summit County Clerk of Courts
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REQUEST FOR ADMISSIONS
1, Admit Janco Cleaning Services, Inc., employed the individuals responsible for
providing cleaning services at the subject premises on the date of the incident.
RESPONSE:
2. Admit Janco Cleaning Services, Inc., had a duty to properly remove all
cleaning product from the floors at the subject premises.
RESPONSE:
3. Admit Janco Cleaning Services, Inc., had a duty to warn individuals at the
subject premises if the floors were wet and/or slippery after it performed
cleaning surfaces.
RESPONSE:
4, Admit Janco Cleaning Services, Inc., is vicariously liable for any negligent
acts or omissions of its employees, agents, or representatives who were
responsible for providing cleaning services at the subject premises on the date
of the incident.
RESPONSE:
5. Admit Janco Cleaning Services, Inc., employees, agents, or representatives
were negligent in the manner in which they cleaned the floors at the subject
premises on the date of the incident.
RESPONSE:
16
Sandra Kurt, Summit County Clerk of Courts
CV-2022-04-1096 MCLAUGHLIN, KELLY 06/20/2023 16:33:11 PM BRIO Page 25 of 85
6. Admit Janco Cleaning Services, Inc., did not place any signs warning that the
floor was slippery at the subject premises on the date of the incident.
RESPONSE:
7. Admit Janco Cleaning Services, Inc., should have warned individuals,
including Plaintiff, that the hallway floor at the subject premises was slippery
on the date of the incident.
RESPONSE:
8. Admit that the manner in which Janco Cleaning Services, Inc., employees,
agents, or representatives cleaned the floors at the subject premises on the
date of the incident caused Plaintiff to slip and fall.
RESPONSE:
9, Admit that as a result of the slip and fall, Plaintiff sustained personal injury.
RESPONSE:
10. Admit that Plaintiff would not have suffered the slip and fall if Janco
Cleaning Services and its employees, agents, or representatives had properly
cleaned and maintained the floors at the subject premises.
RESPONSE:
11. Admit that Plaintiff would not have suffered the slip and fall but-for the
negligence of Janco Cleaning Services, its employees, agents, or
representatives.
Preview
CV-2022-04-1096 MCLAUGHLIN, KELLY 06/20/2023 16:33:11 PM BRIO Page 1 of 85 IN THE COURT OF COMMON PLEAS, SUMMIT COUNTY, OHIO Cresswell, et al., Case No: CV-2022-04-1096 Plaintiffs Vv. Judge Kelly McLaughlin Janco Cleaning Services, Inc., et al, Defendants PLAINTIFF’S MEMORANDUM IN CONTRA TO DEFENDANT’S MOTION TO STRIKE EXHIBIT 6 OF PLAINTIFF’S MEMORANDUM IN OPPOSITION TO DEFENDANT’S MOTION FOR SUMMARY JUDGMENT I Introduction and Statement of Facts Although the facts of this case have been related elsewhere, a brief summary is in order. On April 15, 2020, Plaintiff Brian Cresswell slipped on a patch of wet linoleum flooring while working on the premises of the Akron Municipal Services Center (“AMSC”), a complex of buildings owned by the City of Akron. In April of 2022, Mr. Cresswell filed the instant case against Defendant Janco Cleaning Services, Inc., the contractor responsible for maintaining the floors of the AMSC. On August 25, 2022, Plaintiff sent initial discovery, including Interrogatories and Requests for Production of documents, to Defendant Janco. (See Affidavit of Hannah Klang, attached hereto; see also Discovery Requests, attached collectively hereto as Exhibit A). Among other items, Plaintiffs’ Discovery Requests included the following interrogatory and request for production: Sandra Kurt, Summit County Clerk of Courts CV-2022-04-1096 MCLAUGHLIN, KELLY 06/20/2023 16:33:11 PM BRIO Page 2 of 85 Interrogatory #3: State the name and addresses of all persons whom you, or anyone acting on your behalf, know or believe...were present at the scene of the incident immediately after its occurrence. se Request for Production of Documents #17: Complete copies of the personnel files of any and all employees and/or agents who were responsible for cleaning and/or maintaining the subject premises on the date of the incident, including disciplinary records, complaint records, education or training history, drug tests, criminal background checks, and any other documents kept in the regular course of business. On October 21, 2022, Counsel for Defendant Janco served answers to the Discovery Requests. (See Answers to Discovery Requests, attached collectively hereto as Exhibit B). In response to Interrogatory #3, Janco identified two individuals who were present at the AMSC at the time of the slip and fall: Quincy Alexander and Linda Simek. Janco also provided personnel files for both employees. No other individuals were identified in the answers, and no other personnel files were provided to Plaintiff’s counsel at the time. On November 14, 2021, Linda Simek was deposed by Plaintiff’s Counsel. During the deposition, Ms. Simek identified a third Janco employee, a man named Michael Johnson, as the individual responsible for mopping and cleaning the floors of the AMSC, including the area where Plaintiff slipped and fell. (See Deposition of Linda Simek at 58 - 59, filed May 2, 2023). Ms. Simek further stated that Mr. Johnson was present at the AMSD at the time of the slip and fall and that he had since been fired. Upon learning of Mr. Johnson’s role at Janco, Counsel for Plaintiff requested his complete personnel file. Defense counsel responded by furnishing the document attached hereto Sandra Kurt, Summit County Clerk of Courts CV-2022-04-1096 MCLAUGHLIN, KELLY 06/20/2023 16:33:11 PM BRIO Page 3 of 85 as Exhibit C. Notably, this document omitted any information about Mr. Johnson’s departure from the company, including the reason for and date of his firing. Counsel for Plaintiff attempted to depose Mr. Johnson twice, first in November 2021 and then in March 2023. Mr. Johnson failed to appear on both occasions. On December 29, Plaintiff’s Counsel deposed John Yanak, owner of Janco Cleaning Services, Inc., and Michael Dukes, the general manager. During these depositions, it became apparent that the copy of Mr. Johnson’s personnel file provided to Plaintiff’s Counsel was incomplete—specifically in that it did not include a “termination sheet” identifying the reasons for Mr. Johnson’s termination. Plaintiff’s counsel immediately asked for the complete file. On January 10, 2023, after all depositions in this case had been completed, defense counsel produced Mr. Johnson’s complete personnel file, which is attached hereto as Exhibit D. Unlike the prior document, the second version of the file included a termination sheet signed by Linda Simek. On the termination sheet, in a section asking her to identify the reasons for Mr. Johnson’s firing, Ms. Simek wrote the following note: “LAZY, LAZY, LAZY. No call > no show.” Defendant Janco now moves to strike Mr. Johnson’s complete personnel file—including the termination sheet—and mitigate the impact it has on the pending Motion for Summary Judgment. For the reasons below, Defendant’s motion should be denied. iI. Law and Argument Civ.R. 56(C) limits the type of evidence in support of summary judgment motions to pleadings, depositions, answers to interrogatories, written admissions, affidavits, transcripts of evidence, and written stipulations of fact. Rowe v. Striker, 9th Dist. Lorain No. 07CA009296, 2008-Ohio-5928, 4 16. Notwithstanding these limitations, the Ninth District Court of Appeals Sandra Kurt, Summit County Clerk of Courts CV-2022-04-1096 MCLAUGHLIN, KELLY 06/20/2023 16:33:11 PM BRIO Page 4 of 85 has held that a trial court has the discretion to consider evidence outside of the ambit of Civ.R. 56(C) evidence when the opposing party fails to object to the same. Richardson v. Auto-Owners Mut. Ins. Co., 9th Dist. Summit No. 21697, 2004-Ohio-1878, § 29. (Emphasis added). The procedure for introducing evidentiary matter not specifically authorized by Civ.R. 56(C) is to incorporate it by reference in a properly framed affidavit pursuant to Civ.R. 56(E). See, e.g., State, ex rel. Corrigan, v. Seminatore (1981), 66 Ohio St.2d 459, 467, 20 0.0.3d 388, 393, 423 N.E.2d 105, 111 Janco’s motion to strike is defined by a contradiction: Janco is essentially disputing the authenticity of its own employment records—trecords it created and maintained in the ordinary course of business—on hearsay grounds. The absurdity of this position is patent. After all, Plaintiff did not create Mr. Johnson’s personnel file; Plaintiff simply requested it, and the exhibit Janco now seeks to strike is a copy of the very file Janco itself produced in response to Plaintiff’s requests. Several pages of this file were printed on Janco letterhead, and some were signed by Janco administrators, including Linda Simek. On these facts alone, the file’s authenticity can be treated as a given, and the Court need not entertain Janco’s paradoxical suggestion that its own employment files are not what they appear to be. More importantly, Janco’s motion should be denied so that it is not rewarded for the careless approach to discovery it has taken throughout this case. Plaintiff first requested employment records for all employees on the premises of the AMSC back in August 2022, long before any depositions in the case had been taken. If Janco had responded to that request on time and in earnest, Plaintiff would have had ample opportunity to authenticate Mr. Johnson’s employment records. Instead, Janco effectively denied Mr. Johnson’s existence for several months, served an incomplete personnel file once his role was determined, and waited to provide Sandra Kurt, Summit County Clerk of Courts CV-2022-04-1096 MCLAUGHLIN, KELLY 06/20/2023 16:33:11 PM BRIO Page 5 of 85 the complete file until after depositions had been taken. What Janco characterizes as Plaintiff’s failure to authenticate the file is more accurately framed as Janco’s systematic effort to prevent the Exhibit from being authenticated. In any case, Janco should not be let off the hook for its haphazard record-keeping, which itself forms the basis of Plaintiffs Negligent Hiring claim. Finally, Janco’s motion to strike is rendered moot by the attached Affidavit of Hannah Klang, which, in accordance with Civ.R. 56(E), incorporates Mr. Johnson’s complete personnel file by reference, irrespective of Defendant Janco’s objections. Il. Conclusion For the foregoing reasons, and with no other issues to be resolved, Defendant Janco’s Motion to Strike should be denied, and the Court should decide the pending Motion for Summary Judgment on the basis of all materials submitted with the briefs. Respectfully submitted, s/Hannah Klang Hannah Klang (0090470) MERRIMAN LEGANDO WILLIAMS & KLANG, LLC 1360 West 9th Street, Suite 200 Cleveland, Ohio 44113 T. (216) 522-9000 F. (216) 522-9007 E. hannah@merrimanlegal.com Counsel for Plaintiff Sandra Kurt, Summit County Clerk of Courts CV-2022-04-1096 MCLAUGHLIN, KELLY 06/20/2023 16:33:11 PM BRIO Page 6 of 85 CERTIFICATE OF SERVICE Thereby certify that that on June 20, 2023, a copy of the foregoing was filed electronically with the Court. Notice of this filing will be sent by operation of the Court’s electronic filing system to all parties indicated on the electronic filing receipt. Parties may access this filing through the Court’s system. Respectfully submitted, s/Hannah Klang Hannah Klang (0090470) Counsel for Plaintiffs Sandra Kurt, Summit County Clerk of Courts CV-2022-04-1096 MCLAUGHLIN, KELLY 06/20/2023 16:33:11 PM BRIO Page 7 of 85 AFFIDAVIT OF HANNAH KLANG STATE OF OHIO ) ) ss. COUNTY OF CUYAHOGA ) Hannah Klang, after being duly sworn according to law, deposes and says: Tam over 18 yeats old and have personal knowledge of the matters stated herein. Tam counsel of record in the matter of Cresswell, et al., v. Janco Cleaning Services, Inc., et al., Summit County Court of Common Pleas, Case No. CV-2022-04-1096, pending before Honorable Judge Kelly McLaughlin. On August 25, 2022, I served Defendant Janco's Counsel with Interrogatories and Requests for Production seeking the identities of and complete personnel files for any and all employees of Defendant Janco who were responsible for providing custodial services at the Akron Municipal Services Center on April 15, 2020. On October 21, 2022, in response to the aforementioned discovery requests, Defendant Janco identified two employees: Linda Simek and'Quincy Alexander. Defendant Janco also provided personnel files for both employees. During the deposition of Linda Simek on November 14, 2022, I learned that a third Janco employee who was working on the premises of the Akron. Municipal Services Center on April 15, 2020: Michael Johnson. I also learned that Mr. Johnson’s employment with Janco ended shortly after the accident. I subsequently requested a copy of Mr. Johnson’s personnel file from Counsel for Janco, and later that day— November 14, 2022—I received the document attached hereto as Exhibit C. The Sandra Kurt, Summit County Clerk of Courts CV-2022-04-1096 MCLAUGHLIN, KELLY 06/20/2023 16:33:11 PM BRIO Page 8 of 85 document omitted a “termination sheet” detailing the circumstances of Mr. Johnson’s departure from Janco. I attempted to depose Mr. Johnson twice, first on November 29, 2022 and then on March 28, 2023. Mr. Johnson failed to appear for both depositions. On December 29, 2022, I deposed John Yanak, the owner of Janco Cleaning Services, Inc., and Michael Dukes, the General Manager of Janco Cleaning Services, Inc. During these depositions, I learned that the copy of Michael Johnson’s personnel file that I received on November 14, 2022 was incomplete. I immediately asked defense counsel for a copy of Mr. Johnson’s complete personnel file. On January 10, 2023, after all depositions in this case had been completed, I received Michael Johnson’s complete personnel file, a copy which is attached hereto as Exhibit D. Unlike the November 14, 2022 document, this personnel file included a “termination sheet” signed by Linda Simek identifying the reason for Mr. Johnson’s departure as “lazy, lazy, lazy. No call > no show.” FURTHER AFFIANT SAITH NAUGHT. Wiel (nn \ SUBSSCRIBED and SWORN before me this 20th day of June, 2023. et” WL, ws p o “tay WZ voranyaue C 4,5¥, = My My “rman Sandra Kurt, Summit County Clerk of Courts CV-2022-04-1096 MCLAUGHLIN, KELLY 06/20/2023 16:33:11 PM BRIO Page 9 of 85 IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO BRIAN CRESSWELL Case No. CV-2022-04-1096 PLAINTIFF Judge Kelly McLaughlin AND PLAINTIFF BRIAN CRESSWELL’S OHIO BUREAU OF WORKERS’ FIRST SET OF INTERROGATORIES, COMPENSATION, REQUESTS FOR PRODUCTION OF DOCUMENTS, AND REQUESTS INVOLUNTARY PLAINTIFF FOR ADMISSIONS DIRECTED TO DEFENDANTS JANCO CLEANING SERVICE, INC., ET AL., DEFENDANTS Pursuant to Rules 33, 34, and 36 of the Ohio Rules of Civil Procedure, Plaintiff Brian Cresswell hereby requests that Defendants Janco Cleaning Services, Inc., Janco Services, Inc., and Janco Services Industries, AKA J.A.N. Services, Inc., answer the following Interrogatories, Requests for Admission, and permit Plaintiff's attorney(s) to inspect and/or copy all of the documents and tangible items hereinafter requested in the First Requests for Production of Documents, or provide a true and accurate copy of each item requested, to Plaintiffs’ counsel, Merriman Legal, LLC, located at 1360 West Ninth Street, Suite 200, Cleveland, Ohio 44113, within twenty-eight (28) days of service hereof. Each matter for which an admission is requested shall be deemed admitted if no denial Sandra Kurt, Summit County Clerk of Courts CV-2022-04-1096 MCLAUGHLIN, KELLY 06/20/2023 16:33:11 PM BRIO Page 10 of 85 or detailed answer why the answering party cannot admit or deny the matter is provided. Where the name or identity of a person is requested, please state the full name, home address, and also business address, if known. Unless otherwise indicated, these Interrogatories refer to the time, place and circumstances of the occurrence mentioned or complained of in the pleadings. Where knowledge or information or possession of a party is requested, such request includes knowledge of the party's agents, representatives and, unless privileged, its attorneys. When answer is made by a corporate Plaintiff, state the name, address and title of the person supplying the information and making the affidavit, and the source of this information. The pronoun "you" refers to the party to whom these interrogatories are addressed and the persons mentioned in paragraph. The Interrogatories and Requests for Production are to be answered, in writing and under oath, and are deemed to be of a continuing nature and should be supplemented in accordance with the Ohio Rules of Civil Procedure within five days prior to trial. DEFINITIONS The term “incident” refers to the incident, described in Plaintiff’s Complaint, in which Plaintiff Brian Cresswell slipped and fell while walking down the hallways of 1420 Triplett Boulevard, Bldg #2, Akron, Ohio 44306 on the evening of April 15, 2020. The term “subject premises” refers to the real property located at 1420 Triplett Sandra Kurt, Summit County Clerk of Courts CV-2022-04-1096 MCLAUGHLIN, KELLY 06/20/2023 16:33:11 PM BRIO Page 11 of 85 Boulevard, Bldg #2, Akron, Ohio 44306. The term “hallways” refers to the interior hallways of the real property located at 1420 Triplett Boulevard, Bldg #2, Akron, Ohio 44306, as described in Plaintiff's Complaint. The term “any” shall include the collective as well as the singular and shall mean "any and all," “each,” “all,” and “every” and these terms shall be interchangeable. “Identity” or “identify,” when used with reference to a natural person, means to state with respect to such person: A Their name; B Their present residence, address and telephone number; The name and address of the person by whom they are employed; Their title, duty, or position at their place or places of employment/affiliation; and Their past and present relationship to those persons referenced within the Interrogatory and/or Request. “Identity” or “identify”, when used with respect to a document, means to assign anumber to such document starting with “1" and continuing consecutively for each document and to state: A Type of document (letter, memorandum, etc.); B. The author/addresser of the document; Sandra Kurt, Summit County Clerk of Courts CV-2022-04-1096 MCLAUGHLIN, KELLY 06/20/2023 16:33:11 PM BRIO Page 12 of 85 The addressee of the document; All indicated or blind copies; Date; Subject matter; Number of pages; Attachments or appendices; All persons to whom it or its contents were distributed, shown or explained; Present custodian; and The identity of each natural person whose testimony could be used to authenticate the document. All subsequent references to a document once identified may be made by stating the document’s identification number assigned by you pursuant to the above instruction. “Identify,” when used with reference to a communication, means to: A State the name of the person making or originating the communication; State the names of all persons to whom or in whose presence the communication was made. State when and where the communication was made; Sandra Kurt, Summit County Clerk of Courts CV-2022-04-1096 MCLAUGHLIN, KELLY 06/20/2023 16:33:11 PM BRIO Page 13 of 85 D Identify all documents which embody, relate or refer to the communication; and E. State the substance of the communication. “Identity” or “identify,” when used with respect to a fact or reason, means to state for each such fact or reason: A All events, conditions, date observations, or states of affairs which support or relate to the fact or reason; All subsidiary facts, data, or observations from which the fact or reason is observed, inferred or directed; The logical reasoning by which the fact or reason is inferred from subsidiary events, conditions, observations, dates or states of affairs; and. D. The corroborating facts, reasons or data. “Person” shall mean an individual, corporation, partnership or association or any other business or governmental entity. The terms “and” and “or” as used herein are to be construed to make the request inclusive rather than exclusive. INSTRUCTIONS In responding to the document requests, produce separately all documents _available at the time of responding or which can be located or discovered by reasonably Sandra Kurt, Summit County Clerk of Courts CV-2022-04-1096 MCLAUGHLIN, KELLY 06/20/2023 16:33:11 PM BRIO Page 14 of 85 diligent efforts, including documents in the possession of its agents and representatives as well as documents stored electronically. If you claim privilege or assert any other objection, whether based on statute, common law or otherwise as a ground for not producing any requested document, please furnish a list identifying each document for which the privilege or other objection is claimed together with the following information: date, sender, recipient, persons to whom copies were furnished together with their job titles, subject matter, basis on which privilege or other objection is claimed, and the number of each request to which such document responds. If you claim privilege or assert any other objection with regard to only part of a document, produce the part to which there is no objection. If any document or copy thereof was but is no longer in your possession or subject to your control, please state and specify in detail for each such document: the type of document, the types of information contained therein, the date upon which it ceased to exist, the disposition that was made of it, the identity of all persons having knowledge of the circumstances of its disposition, and the identity of all persons having knowledge of the contents thereof. INTERROGATORIES 1. Please state the name, title, and work address and telephone number of each person who assisted or participated in preparing and/or supplying any of the information given in answer to, or relied upon, in preparing answers to these Sandra Kurt, Summit County Clerk of Courts CV-2022-04-1096 MCLAUGHLIN, KELLY 06/20/2023 16:33:11 PM BRIO Page 15 of 85 interrogatories. ANSWER: Please identify the correct legal entity that was responsible for providing cleaning, custodial, and/or maintenance services at the subject premises as of April 15, 2020, stating the date on which such entity was formed; the address and identity of the entity’s statutory agent, if any; the State of incorporation; the name(s) and address(es) of all officers, directors, general partners, limited partners and all other parties with any interest in your organization. ANSWER: State the name and addresses of all persons whom you, or anyone acting on your behalf, know or believe: Actually witnessed the incident; Were present at the scene of the incident immediately after its occurrence; Were in sight or hearing of the incident at the time of its occurrence; Witnessed any of the events leading up to the incident, subsequent to the : L incident, or of the subsequent investigation; and Those who have any knowledge or information as to any facts pertaining to the circumstances and/or manner of the happening of the alleged incident or the nature of the injuries sustained in the alleged incident. Sandra Kurt, Summit County Clerk of Courts CV-2022-04-1096 MCLAUGHLIN, KELLY 06/20/2023 16:33:11 PM BRIO Page 16 of 85 ANSWER: Identify each person, employee, representative, and/or agent who was responsible for maintaining, sweeping, cleaning, mopping, and/or clearing the hallways of the subject premises on the date of the incident, and state: Which entity they were working for at the time of the incident; Whether they are currently employed by you; Their present employment position with you (title and status (employee, independent contractor, etc.); Their employment position at the time of the occurrence; A description of their employment task(s) on the date of the occurrence. ANSWER: Identify each person, employee, representative, and/or agent of the named Defendants who was present at the subject premises on the date of the incident. ANSWER: Identify each person, employee, representative, and/or agent of the named Defendants who was responsible for documenting any and all maintenance of and/or cleaning of the subject premises in the year prior to the incident. ANSWER: Identify any and all persons and/or entities responsible for drafting safety protocols and/or safety manuals and/or cleaning manuals or instructions Sandra Kurt, Summit County Clerk of Courts CV-2022-04-1096 MCLAUGHLIN, KELLY 06/20/2023 16:33:11 PM BRIO Page 17 of 85 pertaining to the cleaning and/or maintenance of the hallways at the subject premises. ANSWER: 8. Identify the person(s) in charge of maintenance, cleaning and/or custodial operations at the subject premises at the time of the incident. ANSWER: Were any visual representations, including photographs or video, taken of the scene of the incident or of Plaintiff? If so, , please: a. Identify the person taking said visual representations; b. State the date on which said visual representations were taken; c. Identify all persons who presently have copies of said visual representations; Produce any and all visual representations with your answers to these Interrogatories. ANSWER: 10, Other than the subject incident, has any person reported slipping, tripping, and/or falling in the hallways at the subject premises after you provided cleaning services during the two-year period prior to the date of this incident? If so, as to each reported slip, trip, and/or fall, please provide the following information: a. The date of each such incident; 9 Sandra Kurt, Summit County Clerk of Courts. CV-2022-04-1096 MCLAUGHLIN, KELLY 06/20/2023 16:33:11 PM BRIO Page 18 of 85 b. A brief description of each such incident, including the type of surface on which the person involved in each such incident slipped and/or tripped and/or fell and the height from which the person involved in each such incident slipped and/or tripped and/or fell; A brief description of the injuries suffered by any person involved in each such incident; Whether any of the incidents referred to above resulted in a claim and/or lawsuit, and if so, the name of each claimant, the filing of each such claim and/or lawsuit, the civil number, if any, and a summary of the disposition of each such claim or lawsuit. ANSWER: 11. During the two-year period before this incident, did you receive any reports and/or complaints regarding the condition of the hallways where this incident occurred? If so, please state: a. The date of such complaint and/or report; b. Whether or not you have maintained any documentary materials of any kind or nature relating or referring to such complaints or reports; c. What action, if any, was taken by you with respect to such complaint and/or report. ANSWER: 10 Sandra Kurt, Summit County Clerk of Courts CV-2022-04-1096 MCLAUGHLIN, KELLY 06/20/2023 16:33:11 PM BRIO Page 19 of 85 12. On the date of this incident, was there a system or routine of any kind in place for maintaining, cleaning, and/or mopping the floors of the hallways where this incident occurred? If so, please provide: a. A general description of such system or routine; b. The name, address, and particular duties of each person responsible for performing such system and/or routine in the general area where this incident occurred as of the date of this incident; The name, title, address, and particular duties of each person responsible for the general supervision of such system or routine as of the date of the incident; The date on which such system or routine went into effect; Whether or not such system is presently in effect. ANSWER: 13. Please state the location of and describe any and all pedestrian hazard and/or warning signs present at the subject premises at the time of the incident. ANSWER: 14, What pedestrian hazard and/or pedestrian warning signs, if any, were in use in the hallways of the subject premises at the time the incident occurred. ANSWER: 11 Sandra Kurt, Summit County Clerk of Courts CV-2022-04-1096 MCLAUGHLIN, KELLY 06/20/2023 16:33:11 PM BRIO Page 20 of 85 15. If it is the defendants’ contention that the Plaintiff's injuries were caused by some entity, person, or persons other than you, any agent, or employee of the defendants, or any person over whom the defendants have control, please identify such other person or entity fully, giving name and address. ANSWER: 16. What substances and/or cleaning products were used to clean, maintain, and/or mop the hallways at the subject premises as of April 15, 2020? ANSWER: 17. In the year preceding the subject incident, how many times per-week were the hallways at the subject premises mopped? ANSWER: 18. Identify the person, employee, agent, and/or representative most qualified to testify about maintenance, cleaning, code compliance, training of cleaning staff, and/or safety at the subject premises both prior to and on the date on the incident. ANSWER: 12 Sandra Kurt, Summit County Clerk of Courts CV-2022-04-1096 MCLAUGHLIN, KELLY 06/20/2023 16:33:11 PM BRIO Page 21 of 85 RE UESTS FOR PRODUCTION OF DOCUMENTS All written or recorded statements of any person concerning the subject incident. RESPONSE: All documents pertaining to the cleaning and/or maintenance of the hallways at the subject premises. RESPONSE: Any correspondence between Plaintiff and Defendants, and any of their employees, agents, or representatives. RESPONSE: Any correspondence between Defendants and/or any of their employees, agents, or representatives regarding the Plaintiff. RESPONSE: Any correspondence between Defendants and/or any of their employees, agents, or representatives regarding the hallways and/or subject premises. RESPONSE: Any correspondence between Defendants and/or any of their employees, agents, or representatives regarding the hallways, subject premises, or incident and the City of Akron, Bureau of Workers Compensation, or anyone else regarding Plaintiff, the incident, and the cleaning methods used on the date of the incident. RESPONSE: 13 Sandra Kurt, Summit County Clerk of Courts CV-2022-04-1096 MCLAUGHLIN, KELLY 06/20/2023 16:33:11 PM BRIO Page 22 of 85 Any photographs of the hallways where the subject incident occurred. RESPONSE: Any surveillance video showing the area of the incident shortly before, during, and after the incident occurred. RESPONSE: Any statements of any witnesses taken by or on behalf of the Defendants or reproductions of any recorded statements of the Plaintiff. RESPONSE: 10. Complete copies of any written report of slip(s) and/or trip(s) and/or fall(s) on subject premises in the two-year period prior to the date of this incident. RESPONSE: 11 Complete copies of any report and/or complaint made regarding the condition of the hallways at the subject premises. RESPONSE: 12 Complete copies of any policies, procedures, and/or manuals dealing with safety or access at the subject premises, including safety protocols for slip and fall hazards. RESPONSE: 13 Complete copies of any policies, procedures and/or manuals regarding the cleaning and/or maintenance of the subject premises. 14 Sandra Kurt, Summit County Clerk of Courts CV-2022-04-1096 MCLAUGHLIN, KELLY 06/20/2023 16:33:11 PM BRIO Page 23 of 85 RESPONSE: 14. Complete copies of any training manuals, guidelines, instructions, handbooks, tules, handouts, briefing notes, slide presentations, and/or memoranda provided to the employees and/or agents who were responsible for cleaning and/or maintenance of the subject premises at the time of the incident. RESPONSE: 15. Complete copies of any agreement between the named Defendants and any individual or entity hired to assist with the maintenance, cleaning, or care of the hallways where this incident occurred. RESPONSE: 16. Complete copies of any agreements between the named Defendants and the City of Akron regarding the maintenance, cleaning, and/or care of the subject : p uses. RESPONSE: 17. Complete copies of the personnel files of any and all employees and/or agents who were responsible for cleaning and/or maintaining the subject premises on the date of the incident, including disciplinary records, complaint records, education or training history, drug tests, criminal background checks, and any other documents kept in the regular course of business. RESPONSE: 15 Sandra Kurt, Summit County Clerk of Courts CV-2022-04-1096 MCLAUGHLIN, KELLY 06/20/2023 16:33:11 PM BRIO Page 24 of 85 REQUEST FOR ADMISSIONS 1, Admit Janco Cleaning Services, Inc., employed the individuals responsible for providing cleaning services at the subject premises on the date of the incident. RESPONSE: 2. Admit Janco Cleaning Services, Inc., had a duty to properly remove all cleaning product from the floors at the subject premises. RESPONSE: 3. Admit Janco Cleaning Services, Inc., had a duty to warn individuals at the subject premises if the floors were wet and/or slippery after it performed cleaning surfaces. RESPONSE: 4, Admit Janco Cleaning Services, Inc., is vicariously liable for any negligent acts or omissions of its employees, agents, or representatives who were responsible for providing cleaning services at the subject premises on the date of the incident. RESPONSE: 5. Admit Janco Cleaning Services, Inc., employees, agents, or representatives were negligent in the manner in which they cleaned the floors at the subject premises on the date of the incident. RESPONSE: 16 Sandra Kurt, Summit County Clerk of Courts CV-2022-04-1096 MCLAUGHLIN, KELLY 06/20/2023 16:33:11 PM BRIO Page 25 of 85 6. Admit Janco Cleaning Services, Inc., did not place any signs warning that the floor was slippery at the subject premises on the date of the incident. RESPONSE: 7. Admit Janco Cleaning Services, Inc., should have warned individuals, including Plaintiff, that the hallway floor at the subject premises was slippery on the date of the incident. RESPONSE: 8. Admit that the manner in which Janco Cleaning Services, Inc., employees, agents, or representatives cleaned the floors at the subject premises on the date of the incident caused Plaintiff to slip and fall. RESPONSE: 9, Admit that as a result of the slip and fall, Plaintiff sustained personal injury. RESPONSE: 10. Admit that Plaintiff would not have suffered the slip and fall if Janco Cleaning Services and its employees, agents, or representatives had properly cleaned and maintained the floors at the subject premises. RESPONSE: 11. Admit that Plaintiff would not have suffered the slip and fall but-for the negligence of Janco Cleaning Services, its employees, agents, or representatives.