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PAVAN PARIKH
HAMILTON COUNTY CLERK OF COURTS
COMMON PLEAS DIVISION
ELECTRONICALLY FILED
November 22, 2023 12:01 PM
PAVAN PARIKH
Clerk of Courts
Hamilton County, Ohio
CONFIRMATION 1397904
ANGEL HUTCHINSON A 2305073
vs.
AUSO SACKO
FILING TYPE: INITIAL FILING (IN COUNTY) WITH JURY
DEMAND
PAGES FILED: 7
EFR200
E-FILED 11/22/2023 12:01 PM / CONFIRMATION 1397904 / A 2305073 / COMMON PLEAS DIVISION / IFIJ
IN THE COURT OF COMMON PLEAS
HAMILTON COUNTY, OHIO
CIVIL DIVISION
ANGEL HUTCHINSON CASE NO.:
5566 Hillside Ave.,
Cincinnati, OH 45233 JUDGE:
Plaintiff,
PLAINTIFF’S COMPLAINT
VS.
AND JURY DEMAND
AUSO SACKO
2360 Nicholson Ave.,
Cincinnati, OH 45211
and
JENNA BOHAN
2360 Nicholson Ave.,
Cincinnati, OH 45211
and
OHIO DEPARTMENT OF
MEDICAID
% Ohio Attorney General
150 E. Gay Street, 21st Floor,
Columbus, OH 43215
Defendants.
NOW COMES Plaintiff, Angela Hutchinson, by and through counsel, for her
Complaint against Defendants as follows:
I- PARTIES
1 That Plaintiff, Angela Hutchinson (hereinafter “Plaintiff’), is now, and was at all
times material hereto, a resident of Hamilton County, State of Ohio.
That Defendant, Auso Sacko (collectively hereinafter “Defendants”), is now, and
was at all times material hereto, a resident of Hamilton County, State of Ohio.
That Defendant, Jenna Bohan (collectively hereinafter “Defendants”), is now, and
was at all times material hereto, a resident of Hamilton County, State of Ohio.
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That Defendant, Ohio Department of Medicaid (hereinafter “ODM”), is now, and
was at all times material hereto, operating and conducting business in Hamilton
County, State of Ohio.
IL - JURISDICTION & VENUE
This Court has subject matter jurisdiction over this action under R.C. 2305.01 as
Plaintiff seeks damages in excess of twenty-five thousand dollars ($25,000.00).
This Court has personal jurisdiction over Defendant, Auso Sacko, under R.C.
2307.382 on the basis that Defendant, Auso Sacko, caused tortious injury by an act
or omission within this state.
This Court has personal jurisdiction over Defendant, Jenna Bohan, under R.C.
2307.382 on the basis that Defendant, Jenna Bohan, caused tortious injury by an act
or omission within this state.
This Court has personal jurisdiction over Defendant, ODM, under R.C.2307.382 on
the basis that Defendant, ODM, was at all times material herein, operating and
transacting business within the state.
Venue in the Hamilton County Court of Common Pleas is proper in this case on the
basis that Defendant, Auso Sacko, was at all times material herein, operating and/or
transacting business within this county.
10. Venue in the Hamilton County Court of Common Pleas is proper in this case on the
basis that Defendant, Jenna Bohan, caused tortious injury by an act or omission
within this county.
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11 Venue in the Hamilton County Court of Common Pleas is proper in this case on the
basis that Defendant, ODM, was at all times material herein, operating and/or
transacting business within this county.
Il - GENERAL ALLEGATIONS
12. That, on or about February 15, 2023, Plaintiff was operating a vehicle and traveling
eastbound on West 6th Street in Hamilton County, State of Ohio.
13 That, on or about February 15, 2023, Defendant, Auso Sacko, was operating a
vehicle and traveling eastbound on West 6th Street in Hamilton County, State of
Ohio.
14 That, on or about February 15, 2023, Defendant, Auso Sacko, failed to maintain an
assured clear distance ahead and violently struck and/or collided with Plaintiffs
vehicle.
15 That, on or about February 15, 2023, Defendant, Auso Sacko, was cited with a
violation of local code 506-8 for speeding and/or failing to maintain an assured clear
distance ahead.
IV - CAUSES OF ACTION
Count I - Negligence (Auso Sacko)
16. Plaintiff hereby incorporates by reference Paragraphs | through 15 as if fully set out
herein.
17 That Defendant, Auso Sacko, owed a duty of reasonable care in the maintenance,
control, and operation of the motor vehicle he was operating, but failed to do so and
was therefore negligent and/or grossly negligent.
E-FILED 11/22/2023 12:01 PM / CONFIRMATION 1397904 / A 2305073 / COMMON PLEAS DIVISION / IFIJ
18. That Defendant, Auso Sacko, had a duty to comply with all statutes, laws,
regulations, or safety codes pertaining to the maintenance, control, and operation of
the motor vehicle he was operating, but failed to do so and was therefore negligent
and/or grossly negligent.
19 That as a direct and proximate result of Defendant Auso Sacko’s acts of negligence,
Plaintiff sustained injuries and damages in an amount to be determined at trial.
Count II - Negligent Entrustment (Jenna Bohan)
20. Plaintiff hereby incorporates by reference paragraphs | through 19 as if fully set out
herein.
21 That, at all times material herein, Defendant, Jenna Bohan, was the owner of the
vehicle operated as set forth above.
22. That, based upon information and belief, the operator of the vehicle as set forth
above was operated with the express or implied permission of Defendant, Jenna
Bohan.
23 That, based upon information and belief, the operator of the vehicle as set forth
above, was incompetent, inexperienced, and/or reckless in the operation of
motor vehicles.
24, That, at the time of the entrustment, Defendant, Jenna Bohan, had actual
knowledge that the vehicle was defective, uninsured, and/or not in a safe
condition to drive.
25 That at the time of the entrustment Defendant, Jenna Bohan, had actual
knowledge that the operator of the vehicle as set forth above, was
incompetent, inexperienced, uninsured, and/or reckless in the operation of
motor vehicles.
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26. That at the time of the entrustment, Defendant Jenna Bohan, by the exercise of
reasonable care, should have known that the operator of the vehicle as set forth
above, was incompetent, inexperienced, uninsured, and/or reckless in the operation
of motor vehicles.
27. That as a direct and proximate result of Defendant Jenna Bohan's act of negligent
entrustment, Plaintiff sustained injuries and damages in an amount to be
determined at trial.
Count VI - Subrogation (ODM)
28, Plaintiff hereby incorporates by reference paragraphs | through 27 as if fully set out
herein.
29, That Defendant, ODM, may have paid medical expenses on behalf of Plaintiff in
connection with the injuries as set forth in Plaintiff’s Claims for Relief.
30. That as a result, Defendant, ODM, may have a vested interest in the within action as
a result of its claim of subrogation, if one so exists.
31 That Defendant, ODM, is being joined in this action to defend and protect its claim
of subrogation, if one so exists.
32. That Defendant, ODM, must set forth any such interest herein or be forever barred.
33 That Defendant, ODM, having possibly paid a subrogation interest in this matter, is
a necessary party to this action, to the extent of its status as a lienholder against any
judgment or settlements herein.
V - DAMAGES
34, That Plaintiff has suffered general, special, incidental, and consequential damages as
the direct and proximate result of the acts and omissions of Defendants, in an
E-FILED 11/22/2023 12:01 PM / CONFIRMATION 1397904 / A 2305073 / COMMON PLEAS DIVISION / IFIJ
amount that shall be fully proven at the time of trial which include, but are not
limited to:
A. damages for general pain and suffering;
B. damages for loss of enjoyment of life, both past and future;
C. medical and medical related expenses, both past and future;
pharmaceutical expenses, past and future;
lost wages, past and future; and
all other ordinary, incidental, or consequential damages that would or
could be reasonably anticipated to arise under the circumstances.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff Angela Hutchinson seeks judgment against Defendants,
Auso Sacko and Jenna Bohan, jointly and severally, as follows:
A Ordering compensation for all general, special, incidental, and
consequential damages suffered by Plaintiff as a result of the Defendants’
conduct;
Ordering statutory prejudgment interest; and
Granting all such additional and/or further relief as this Court deems just
and equitable.
D. A JURY BY TRIAL ON ALL ISSUES.
WHEREFORE, Plaintiff further demands that Defendant, ODM, appear and
represent their interests within the action to be forever barred from pursuing its
subrogation claim, if one so exists.
Respectfully submitted,
6
E-FILED 11/22/2023 12:01 PM / CONFIRMATION 1397904 / A 2305073 / COMMON PLEAS DIVISION / IFIJ
4s/: Lori Singleton
Lori Singleton (102385)
Lisa D. Hampton (98316)
Spencer T. Merk (92132)
Eric W. Gile (92033)
MERK & GILE, PLC
639 Washington Avenue
Newport, Kentucky 41071
(513) 481-5678
(859) 261-0392 (fax)
lori@merkandgilelaw.com
Attorneys for Plaintiff
E-FILED 11/22/2023 12:01 PM / CONFIRMATION 1397904 / A 2305073 / COMMON PLEAS DIVISION / IFIJ
Preview
i GE PF SOy 2 e Or cou PAVAN PARIKH HAMILTON COUNTY CLERK OF COURTS COMMON PLEAS DIVISION ELECTRONICALLY FILED November 22, 2023 12:01 PM PAVAN PARIKH Clerk of Courts Hamilton County, Ohio CONFIRMATION 1397904 ANGEL HUTCHINSON A 2305073 vs. AUSO SACKO FILING TYPE: INITIAL FILING (IN COUNTY) WITH JURY DEMAND PAGES FILED: 7 EFR200 E-FILED 11/22/2023 12:01 PM / CONFIRMATION 1397904 / A 2305073 / COMMON PLEAS DIVISION / IFIJ IN THE COURT OF COMMON PLEAS HAMILTON COUNTY, OHIO CIVIL DIVISION ANGEL HUTCHINSON CASE NO.: 5566 Hillside Ave., Cincinnati, OH 45233 JUDGE: Plaintiff, PLAINTIFF’S COMPLAINT VS. AND JURY DEMAND AUSO SACKO 2360 Nicholson Ave., Cincinnati, OH 45211 and JENNA BOHAN 2360 Nicholson Ave., Cincinnati, OH 45211 and OHIO DEPARTMENT OF MEDICAID % Ohio Attorney General 150 E. Gay Street, 21st Floor, Columbus, OH 43215 Defendants. NOW COMES Plaintiff, Angela Hutchinson, by and through counsel, for her Complaint against Defendants as follows: I- PARTIES 1 That Plaintiff, Angela Hutchinson (hereinafter “Plaintiff’), is now, and was at all times material hereto, a resident of Hamilton County, State of Ohio. That Defendant, Auso Sacko (collectively hereinafter “Defendants”), is now, and was at all times material hereto, a resident of Hamilton County, State of Ohio. That Defendant, Jenna Bohan (collectively hereinafter “Defendants”), is now, and was at all times material hereto, a resident of Hamilton County, State of Ohio. E-FILED 11/22/2023 12:01 PM / CONFIRMATION 1397904 / A 2305073 / COMMON PLEAS DIVISION / IFIJ That Defendant, Ohio Department of Medicaid (hereinafter “ODM”), is now, and was at all times material hereto, operating and conducting business in Hamilton County, State of Ohio. IL - JURISDICTION & VENUE This Court has subject matter jurisdiction over this action under R.C. 2305.01 as Plaintiff seeks damages in excess of twenty-five thousand dollars ($25,000.00). This Court has personal jurisdiction over Defendant, Auso Sacko, under R.C. 2307.382 on the basis that Defendant, Auso Sacko, caused tortious injury by an act or omission within this state. This Court has personal jurisdiction over Defendant, Jenna Bohan, under R.C. 2307.382 on the basis that Defendant, Jenna Bohan, caused tortious injury by an act or omission within this state. This Court has personal jurisdiction over Defendant, ODM, under R.C.2307.382 on the basis that Defendant, ODM, was at all times material herein, operating and transacting business within the state. Venue in the Hamilton County Court of Common Pleas is proper in this case on the basis that Defendant, Auso Sacko, was at all times material herein, operating and/or transacting business within this county. 10. Venue in the Hamilton County Court of Common Pleas is proper in this case on the basis that Defendant, Jenna Bohan, caused tortious injury by an act or omission within this county. E-FILED 11/22/2023 12:01 PM / CONFIRMATION 1397904 / A 2305073 / COMMON PLEAS DIVISION / IFIJ 11 Venue in the Hamilton County Court of Common Pleas is proper in this case on the basis that Defendant, ODM, was at all times material herein, operating and/or transacting business within this county. Il - GENERAL ALLEGATIONS 12. That, on or about February 15, 2023, Plaintiff was operating a vehicle and traveling eastbound on West 6th Street in Hamilton County, State of Ohio. 13 That, on or about February 15, 2023, Defendant, Auso Sacko, was operating a vehicle and traveling eastbound on West 6th Street in Hamilton County, State of Ohio. 14 That, on or about February 15, 2023, Defendant, Auso Sacko, failed to maintain an assured clear distance ahead and violently struck and/or collided with Plaintiffs vehicle. 15 That, on or about February 15, 2023, Defendant, Auso Sacko, was cited with a violation of local code 506-8 for speeding and/or failing to maintain an assured clear distance ahead. IV - CAUSES OF ACTION Count I - Negligence (Auso Sacko) 16. Plaintiff hereby incorporates by reference Paragraphs | through 15 as if fully set out herein. 17 That Defendant, Auso Sacko, owed a duty of reasonable care in the maintenance, control, and operation of the motor vehicle he was operating, but failed to do so and was therefore negligent and/or grossly negligent. E-FILED 11/22/2023 12:01 PM / CONFIRMATION 1397904 / A 2305073 / COMMON PLEAS DIVISION / IFIJ 18. That Defendant, Auso Sacko, had a duty to comply with all statutes, laws, regulations, or safety codes pertaining to the maintenance, control, and operation of the motor vehicle he was operating, but failed to do so and was therefore negligent and/or grossly negligent. 19 That as a direct and proximate result of Defendant Auso Sacko’s acts of negligence, Plaintiff sustained injuries and damages in an amount to be determined at trial. Count II - Negligent Entrustment (Jenna Bohan) 20. Plaintiff hereby incorporates by reference paragraphs | through 19 as if fully set out herein. 21 That, at all times material herein, Defendant, Jenna Bohan, was the owner of the vehicle operated as set forth above. 22. That, based upon information and belief, the operator of the vehicle as set forth above was operated with the express or implied permission of Defendant, Jenna Bohan. 23 That, based upon information and belief, the operator of the vehicle as set forth above, was incompetent, inexperienced, and/or reckless in the operation of motor vehicles. 24, That, at the time of the entrustment, Defendant, Jenna Bohan, had actual knowledge that the vehicle was defective, uninsured, and/or not in a safe condition to drive. 25 That at the time of the entrustment Defendant, Jenna Bohan, had actual knowledge that the operator of the vehicle as set forth above, was incompetent, inexperienced, uninsured, and/or reckless in the operation of motor vehicles. E-FILED 11/22/2023 12:01 PM / CONFIRMATION 1397904 / A 2305073 / COMMON PLEAS DIVISION / IFIJ 26. That at the time of the entrustment, Defendant Jenna Bohan, by the exercise of reasonable care, should have known that the operator of the vehicle as set forth above, was incompetent, inexperienced, uninsured, and/or reckless in the operation of motor vehicles. 27. That as a direct and proximate result of Defendant Jenna Bohan's act of negligent entrustment, Plaintiff sustained injuries and damages in an amount to be determined at trial. Count VI - Subrogation (ODM) 28, Plaintiff hereby incorporates by reference paragraphs | through 27 as if fully set out herein. 29, That Defendant, ODM, may have paid medical expenses on behalf of Plaintiff in connection with the injuries as set forth in Plaintiff’s Claims for Relief. 30. That as a result, Defendant, ODM, may have a vested interest in the within action as a result of its claim of subrogation, if one so exists. 31 That Defendant, ODM, is being joined in this action to defend and protect its claim of subrogation, if one so exists. 32. That Defendant, ODM, must set forth any such interest herein or be forever barred. 33 That Defendant, ODM, having possibly paid a subrogation interest in this matter, is a necessary party to this action, to the extent of its status as a lienholder against any judgment or settlements herein. V - DAMAGES 34, That Plaintiff has suffered general, special, incidental, and consequential damages as the direct and proximate result of the acts and omissions of Defendants, in an E-FILED 11/22/2023 12:01 PM / CONFIRMATION 1397904 / A 2305073 / COMMON PLEAS DIVISION / IFIJ amount that shall be fully proven at the time of trial which include, but are not limited to: A. damages for general pain and suffering; B. damages for loss of enjoyment of life, both past and future; C. medical and medical related expenses, both past and future; pharmaceutical expenses, past and future; lost wages, past and future; and all other ordinary, incidental, or consequential damages that would or could be reasonably anticipated to arise under the circumstances. PRAYER FOR RELIEF WHEREFORE, Plaintiff Angela Hutchinson seeks judgment against Defendants, Auso Sacko and Jenna Bohan, jointly and severally, as follows: A Ordering compensation for all general, special, incidental, and consequential damages suffered by Plaintiff as a result of the Defendants’ conduct; Ordering statutory prejudgment interest; and Granting all such additional and/or further relief as this Court deems just and equitable. D. A JURY BY TRIAL ON ALL ISSUES. WHEREFORE, Plaintiff further demands that Defendant, ODM, appear and represent their interests within the action to be forever barred from pursuing its subrogation claim, if one so exists. Respectfully submitted, 6 E-FILED 11/22/2023 12:01 PM / CONFIRMATION 1397904 / A 2305073 / COMMON PLEAS DIVISION / IFIJ 4s/: Lori Singleton Lori Singleton (102385) Lisa D. Hampton (98316) Spencer T. Merk (92132) Eric W. Gile (92033) MERK & GILE, PLC 639 Washington Avenue Newport, Kentucky 41071 (513) 481-5678 (859) 261-0392 (fax) lori@merkandgilelaw.com Attorneys for Plaintiff E-FILED 11/22/2023 12:01 PM / CONFIRMATION 1397904 / A 2305073 / COMMON PLEAS DIVISION / IFIJ