Preview
ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Tuesday, November 28, 2023 10:00:51 A!
CASE NUMBER: 2023 CV 06362 Docket ID: 428287852
Mike Foley
Legal Department roa CLERK OF COURT! tardTELEPHONE t ‘OHIO
Nae
wt (740) 702-3023
TELEPHONE (740) 702-3010 0
=e)~
Le
2 NORTH PAINT ST., SUITE B = 475 WESTERN AVENUE, SUITE M
CHILLICOTHE, OHIO 4560+
FAX (740) 702-3018 - CHILLICOTHE, OHIO 45601-5200
FAX (740) 702-3030
yA
QT HESS
Hy
OFFICE OF
i Ty D. Hinton
A Ross County Clerk Of Courts
CIVIL DIVISION + CRIMINAL DIVISION « DOMESTIC RELATIONS
FOURTH DISTRICT COURT APPEALS « MOTOR VEHICLE TITLE DIVISION
ATTN: MONTGOMERY COUNTY CLERK OF COURTS
CASE NO. 23 Cl 94, BRITTANY MOORE VS. DUSTIN J. ROBISON (ROSS COUNTY)
An ORDER FOR CHANGE OF VENUE has been signed by Ross County Common Pleas
Judge, Matthew Schmidt. A copy of the original filings is included. This letterhead serves as
a certified statement of the above referenced case. The initial filing is dated March 14, 2023
(Complaint). The last filing is dated November 21, 2023 (Entry for Transfer of Venue.)
| certify that the attached paperwork is a true and accurate copy of the Original Complaint filed
on March 14, 2023, in the Ross County Clerk of Courts Office.
November 21, 2023
Mine.
Lynn Rose
Chief Deputy Clerk, Legal Division
Ross County, Ohio
COURTOP COMMON PLEAS
on 2023 89:13 AM
FILED
ROSS COUNTY COMMON PLEAS
IN THE COURT OF COMMON PLEAS CLERK OF COURTS
ROSS COUNTY, OHIO
BRITTANY MOORE,
c/o Benson & Sesser, LLC
36 South Paint Street
Chillicothe, Ohio 45604 Case No a2cl AY
Plaintiff, Judge _ _Sclomnid £ SS
vs.
DUSTIN J. ROBISON, COMPLAINT
MI LATE
c/o Southeastern Correctional Institution
5900 BIS Road SW
Lancaster, Ohio 43130
Defendant.
em a ws
Pp£ 1ES, JURISDICTION,
AND VENUE
4 Plaintiff, Brittany Moore, is, and was at all relevant times herein, a resident
of the City of Chillicothe, County of Ross, State of Ohio.
2 Defendant, Dustin J. Robison, is currently a resident of the City of
Lancaster, County of Fairfield, State of Ohio. Defendant, Dustin J. Robison, previously
resided in Montgomery County, Ohio. At all relevant times herein, Defendant, Dustin J.
Robison, conducted business throughout the State of Ohio, including Ross County,
Ohio.
3 The incidents which form the basis of this litigation occurred in
Montgomery County, Ohio and/or Ross County, Ohio.
4 Jurisdiction and venue are proper as part of the acts or events giving rise
to this cause of action occurred in Ross County, Ohio, Defendant conducted business in
Ross County, Ohio, and Plaintiff resides in Ross County, Ohio.
GOUNT ONE
{Personal Injury/Negligence)}
5. Plaintiff adopis and incorporates by reference each preceding paragraph
the same as if fully rewritten herein.
8 At all relevant times herein, Defendant, Dustin J. Robison, owed a duly to
Plaintiff, Brittany Moore, pursuant to the Ohio Revised Code and otherwise.
7. At all relevant times herein, Defendant, Dustin J. Robison, owed a duty to
Plaintiff, Brittany Moore, to act In @ reasonable and prudent manner that would not.
cause injury and/or harm fo Plaintiff, Brittany Moore, and others.
3 At all relevant times herein, Defendant, Dustin J. Robison, owed a duly to
Plaintiff, Brittany Moora, to refrain from causing injury and/oy harm to Plaintiff, Brittany
Moore, and others.
9 At all relevant times herein, Defendant, Dustin J, Rabisori, owed a duty to
Pigintiff, Brittany Moore, fo provide emergency care and treatment to Plaintiff, Brittany
Moore, without engaging in willful or wanton misconduct.
40. At afl relevant times herein, Defendant, Dustin J. Robison, breached the
duties that he owed to Plaintiff, Brittany Moore, by including, but not limited to:
Defendant, Dustin J. Robison, performing acts and/or omissions that caused parts of his
body and/or objects within his possession and control to come into contact with Plaintiff,
Brittany Meore’s, body on one or more occasions, including, but not limited to, acts
and/or omissions that occurred on March 12, 2022; Defendant, Dustin J. Robison,
falling to provide care and treatrnent to Plaintiff, Brittany Moore, for injures that she
suatained on March 12, 2022; and Defendant, Dustin J. Robison, preventing Plaintiff,
Brittany Moore, from contacting and/or receiving assistance from medical personnel,
faw enforcement personnel, and others for injuries that she sustained on March 12,
2022.
1. The actions and/or omissions of Defendant, Dustin J. Robison, directly
and proximately caused harm ta Plaintiff, Brittany Moore, on one or more occasions,
Including, but not limited to, March 12, 2022.
12. The actiona and/or omissions of Defendant, Dustin J. Robison, were
unlawful, negligent, and/or reckless as to Plaintiff, Brittany Moore,
13. The actions and/or omissinne of Defendant, Dustin.J. Robison, were done
in a willful and/or wanton manner, in flagrant disregard of the fights and safety of others,
including Plaintiff, Brittany Moore,
vw The actions and/or omissions of Defendant, Dustin J. Robleon,
demonstrate a conscious disregard for the rights and safety of others, including Plaintiff,
Britany Moore, that had a great probability of causing substantial harm and, in fact,
caused such. harm to Plaintif, Brittany Moore.
45. The actions and/or omissions of Defendant, Dustin J. Robison, conatitute
actual matics.
16. As a direct and proximate result of the negligence, recklessness, willful
and wanton conduct, and/or actual malice of Defendant, Dustin J, Robison, the Plaintiff,
Brittany Moore, sustained extensive temporary and permanent injuries, including
permanent and substantial physical deformity; suffered great physical pain and
suffering, mental anguish, and the loss of enjoyment of life; that she is subject to
increased risk of harny that she incurred jarge sume of money for medical expenses for
treatment of said injuries; that she lost wages and was. prevented from transacting her
business; and that she was unable to perform her usual activities and live a normal way
of life.
COUNT TWO
(Assault/Battery)
17, Plaintiff adopts and incorporates by reference each preceding paragraph
the same aa if fully rewritten herein.
18. On or about March 12, 2022, ihe actions of Defendant, Dustin J. Robison,
put Plaintiff, Brittany Moore, in apprehension of harmful and/or offensive conduct,
18, On or about March 12, 2022, Defendant, Dustin J. Robison, acted with
intent to cause harmful or offensive contact with Plaintiff, Brittany Moore, in violation of
RC, 20038.11(4).
20. Gn or about March 12, 2022, Defendart, Dustin J. Robison, actad with
intent to cause, or attempted to cause, serious physical harm to Plaintiff, Brittany Moore,
in violation of R.C. 2803, 11(A).
24. On or about March 12, 2022, Defendant, Dustin J. Robison, knew or
belleved that his actions towards Plaintiff, Brittany Moore, were substantially certain to
result In physical. harm and/or offensive contact with Plaintiff, Brittany Moore, in violation
of B.C. 2903.11(A).
22, At all relevant times, Defendant, Dustin J. Robison’s, actions were
interdional towards Plaintiff, Britany Moore.
23, The actions of Defendant, Dustin J. Robison, directly and. proximately
caused physical harm and/or offensive contact to Plaintiff, Brittany Moore, on or about
March 12, 2022.
a4, The actions of Defendant, Dustin J. Robison, constitute assault andor
battery.
25. 4s a direct and proximate result of Defendant, Dustin J. Robisan's, assault
and/or battery of Plaintiff, Brittany Moore, the Plaintiff sustained the injuries and
damages stated herein.
28. On or about October 28, 2022, Defendant, Dustin J. Robison, was
convicted of one (1) count of felonious assault and one (1) count of domestic violence in
Montgomery County Court of Common Pleas Gase No. 2022 CR 00719. Defendant,
Dustin J. Robison, was sentenced for those orlmes on or shout November
21, 2022.
iA, STE)
a7, Plaintiff’ adopts and incorporates by reference each preceding paragraph
the same as if fully rewritten herein.
28, On or about March 12, 2022, Defendant, Dustin J. Robison, engaged in
Intentional criminal wrongdoing against Plaintlif, Brittany Moore, including, but not
limited ta, the follawing:
a. Felonious assault in violation of R.C. 2993.11;
b. Domestic violence in violation of B.C. 2919.25;
Kidnapping for the purpose of engaging in sexaul activity in
wolation of R.C. 2905.01;
Abduction by restraining the fiberty of another person in violation of
RC. 2905,02;
Unlawful restraint in violation of R.C, 2905.03;
Coercion in violation of R.C, 2905.12;
Rape in violation of R.C, 2907.02;
A Sexual battery in violation of R.O. 2907.03; and
i, Gross sexual impesition in violation of B.C, 2907.05.
26, As a direct and proximate result of Defendant, Dustin J. Robison’s,
intentional criminal wrongdoings against Plaintiff, Brittany Moore, the Plaintiff sustained
the injuries and damages stated herein.
(intentional infliction of Emotional Distress)
30. Plaintiff adopts and incorporates by reference each preceding paragraph
ihe same as if fully rewritten herein,
31. Tha above-referenced conduct of Defandant, Dustin J. Robison, was
unreasonable, extreme, and outrageous.
32. ‘The above-referenced conduct of Defendant, Dustin J. Robison, subjected
Plaintiff, Brittany Moore, to real or impending danger.
33. The above-referenced conduct of Defendant, Dustin J. Robison, caused
Plaintiff, Brittany Moore, to experience severe emotional distress,
34, As a direct and proximate result of Defendant, Dustin J. Robison’s,
intentional infliction of emotional distress, towards Plaintiff, Brittany Moore, the Plaintiff
sustained the injuries and damages slated herein.
35, The injurles and damages that Plaintiff, Brittany Moore, sustained as a
diract and proximate result of Defendant, Dustin J, Robison’s, intentional infliction of
emotional distress were reasonably foreseeable.
36, The injuries and damages that Plaintif, Brittany Moore, sustained as a
direct and proximate result of Defendant, Dustin J. Robison’s, intentional infliction of
emotional distress were severe, debilitating, and disabling.
WHEREFORE, Plaintiff, Brittany Moore, prays.for the following relief;
As to GOUNT ONE, Plsintiff demands judgment against Defendant for
compensatory damages In an amount in excess of twentydive thousand dollars
($26,000.00), for punitive damages, for pre-judgment interest, for post-judgment
interest, for Plaintiff's reasonable attorney fees, for her costs inculred herein, and for
suoh other relief as this Court may deer just and equitable.
As to COUNT TWO, Plaintiff demands judgment against Defendants. for
compensatory damages in an amount in excess of twenty-five thousand dollars
{$25,000.00}, for punitive damages, for prejudgment interest, for postqudgment
interest, for Plaintiff's reasonable attorney fees, fer her costs incurred herein, and for
such other relief as this Court may deem just and equitable.
As to COUNT THREE, Plaintiff demands fidgment against Defendant for
compensatory damages in an amount in excess of twenty-five thousand dollars
($25,000.00), for punitive damages, for prejudgment interest, for post-judgment
interest, for Plaintiff's reasonable attorney fees, for her costs incurred herein, and for
such other relief as this Court may deem just and equitable.
As to GOUNT FOUR, Plaintiff demands judgment against Defendant for
compensatory damages in an amount in excess of twenty-five thousand dollars
($25,006.00), for punitive damages, for prejudgment interest, for post-judgment
interest, for Plaintiff's reasonable attorney fees, for her costs incurred herein, and for
such other relief ag this Court may deem just and equitable.
277Db
Respectfully Submitted,
MARK D. TOLLES, (#0087022)
BENSON & SESSER, LLC
36 South Paint Street
Chillicothe, OH 45601-3238
'A0) 773-2600 — Office
(740) 773-3610 ~ Fax
mark@benson law
Attomey for Plalntlif
ROSS COUNTY OMMON PLEAS
CHILL 46601
TO: BUSTIN ROBISON CASE NO. 2301000094
(C/O SOUTHEASTERN FUDGE: MATTHEW §
CORRECTIONAL INSTITUTION SCHMIDT
ATTN: INMATE NO, AS08191
$900 BIS ROAD SW
LANCASTER, OH 43130
How Served. Miles Day Served Foes
BRITTANY MOORE
CH) BENSON & SPSSER, LLC
CHILLICOTHE, OH 45601
VS
DUSTIN ROBISON
CAO SOUTHBASTERN CORRECTIONAL INSTITUTION
LANCASTER, OH 43130
‘To the above named Defendant by.
‘You are hereby smmoned that a complaint (a copy of which is herete attached and made a part hereof) has
been filed against yeu in this court by the pluintifi{s) named herein.
You are required to serve upon the plaintifl{s) attomey, or upon the plaintiff{s} if be has se attorney of record, a
copy of your answerto the complaint within 28 days aller service of this summons upon you, exclusive of the
dey of service. Said answer must be filed with this court within three days. after service onthe Plaintill’s
Altomey.
MARK D TOLLES 1
368 PAINT ST
CHILLICOTHE, GH 45601
Lf you fail ts appear and defend, judgment will be taken against you for the relief demanded in the complaint.
TY DB. HINTON, CLERK OF COURTS
March 14, 2023
Soe
THY 7ébb VGH 220 eae Fe
pede SS oye 18)
wen ee sn hy He he ie BB Be ee on BB
--EESErSoe ee =o a a i a a
a ade oa ee
Retur Redelor (For S841) Barco ai
A. Skoreture Clagent
Unit QA | csancin Mi iba val
e
iy
Dale
Pl Addre:
of Dallvery
i
a S550 Vib F404 BAO: Bale 75 C,
ta del Sadiede ingen Henn 17
é ives, ant dvery adetesa below: Ne
1, Artiche Adereesad to:
2301000094
DUSTIN ROBISON
Sar
C/O SOUTHEASTERN CORRECTIONAL
ATTN: INMATE NO. ABOB192 [I] Cos ed Mg | ES Aig
3900 BIS ROAD Siw pe ¢ De OF
LANCASTER OH #3130 AAS,
ons et
we re
it
12. Gartified Mall (Porm 3800) Atticle Number 2 ein a
2! Eo, None! ‘
E
' FUL Febb TI04 220k eeie e rc
oe
is Porm 3811, Facsimile,
fuly 2015 » sees semis
a Iabltiyte]
7at
te
ic
g
EY rman rH
H
ch
alel
i
linea
al
rr i
. SS a
al
fi
i
ii4
i
Sey
Mi
ej
Sepa
TH = Q |
o-4
=
vn
wel at
= a
Seco
Be al
i
a!
Om ———s
_oe ft!
al
a aj
NRE 5 |
i
al
a
ee
i
fe
z
eect
COURT OF COMMON PLEAS
4/10/2023 10:37 AM
FILED
ROSS COUNTY COMMON PLEAS
IN THE COURT Of COMMON PLEAS OF ROSS COUNTY, OK OF COURTS
Brittany Moore
Plaintiff, Case No.3 23 C194
ve
dndge Matthew §. Schmidt
Dastin J. Robison
Defendant.
Swi PEND, DUSTI ROBISO!
Defendant, Dustin J. Robison (hertinafter “Defendant’), by and through undersigned
counsel, for his Answer to Plaintiff's Complaint, hereby states as follows:
I Defendant is without sufficient knowledge or infarmstion sufficient to admit. the
allegations of Paragraph 1, and therefore denies the same for lack of knowledge,
Defendant admits only the portion of Paragraph 2 thot alleges or implies thethe ourrently
vesides in Fairfield County, Ohio. All remaining allegations are denied.
Defendant denies the allegations set forth in Paragraph 3,
Defendant denies the allegations sot forth in Paragraph 4.
5. Paragraph 5 simply incorporates price allegations. Defendant incorparates all prior
admissions, denials, and ayerments herein.
‘Defendant denies the allegations set forth in Paragraph 6.
7. Defendant denies the allegations se¢ forth in Paragraph 7.
& Defendant denies the allegations set forth in Paragraph 8.
>. Defendant denies the allegations set forth in Paragraph 9.
10, Defendant denies the allegations set forth in Paragraph 10.
11. Defendant denies the allegations set forth in Paragraph 11,
12, Defendant denies the allegations set forth in Paragraph (2
13. Defendant denies the allegations set forth in Paragraph [3.
14, Defendant denies the allegations set forth in Paragraph 14
15, Defendant denies the allegations set forth in Paragraph 15
16, Defendant denies the allegations set forth in Paragraph 16
17, Paragraph 17 simply incorporates pricr allegations. Defendant incorporates all prior
admissions, denials, and averments herein.
18, Defendant denies the allegations set forth in Paragraph 18.
19, Defendant denies the allegations set forih in Paragraph 19.
20. Defendant denies the allegations set forth in Paragraph 20
21, Defendant denies the allegations set forth in Paragraph 21
22, Defendant denies the sflegations set forth in Paragraph 22.
23, Defendant denies the allegations get forth in Paragraph 23.
24. Defendant denies the allegations set forth in Paragraph 24.
25. Defendant denies the allegations set forth in Paragraph 25,
26. Defendant admits the allegations set forth in Paragraph 26.
27. Paragraph 27 simply incorporates prior allegations. Defendant incorporates all prlor
admissions, denials, and averments herein.
28. Deferant denies the allegations set forth in Paragraph 28.
29. Defendant denies the allegations set forth in Paragraph 29.
30, Paragraph 30 simply incorporates prior allegations, Defendant incorporates all prior
adtaissions, denials, and averments herein.
41, Defendant denies the allegations set forth in Paragraph 31.
32. Defendant denies the allegations set forth in Paragraph 32
33, Defendant denies the allegations set forth in Paragraph 33
MM. Defendant denies the allegations set forth in Paragraph 34,
34. Defendant denies the allegations set forth in Paragraph 35.
36, Defendant denies the allegations set forth in Paragraph 36.
AFFIRMATIVE DEFENSES.
Plaintiff's Complaint fails to state a claim upon which relief may be granted.
Ross County Court of Common Pleas is an improper venue for this matter.
Plaintiff's damages are the result of actions, inactions, or omissions committed by
Plaintiff.
Plaintiff's claims are barred, in whole or in part, by the equitable theories of laches,
waiver, and/or estoppel.
Plaintiff's claims are barred by unclean hands.
Plaintiff fhited to. mitigate any damages Plaintiff suffered.
Plaintiff has waived and/or is estopped from obtaining relief claimed due to their own
knowledge, actions, promises, and/ar representations.
&g Plaintifi’s claims do not entitle Plaintiff to attomey’s fees,
9. Plaintiff has not sustained damages occasioned by any act ov omission of the Defendant.
10, Plaintif?’s claims are barred by tortious and criminal acts of intervening third parties,
11. Plaintiff's claims are moot and/or not ripefor adjndication,
12, Plaintiff's claims ave barred by accord and satisfaction.
13. Plaintiff's claims are barred by duress.
14. Plainiff's claims are barred by fraud by a third party,
15. Plaintiff's claims ere barred by illegal acts by a thivd party.
16. Plaintiff's claims are barred by the statute of limitations.
17. Plaintiff's claims are barred by the statute of frauds,
18. Platadfi's claims are barred by failure 10 join a party under Civil Rule 19,
19. Plaintiff's claims are barred by assumption of risk.
20. Plaintiff's claims are barred by contributory negligence.
21. Defendant reserves the right to-raise additional affirmative defenses ax they ray be
revealed in discovery.
WHEREFORE, Defendant, Dustin J. Robison, by and through undersigned counsel,
respectfully requests that judgment be entered in his favor and against Plaintiff on all claims set
forth in Plaintiff's Complaint, that he be awarded lis costs and attorney's fees incurred in delending
this action, along with any other such relief that this Court deems equitable and just,
Respectfully submitted,
CE.
Hannah M. Fravis #0102353
DAGGER, JOHNSTON, MILLER,
OGILVIE & HAMPSON
1445. Main $1, P.O, Box 667
Lancaster, Ohio 43130-0607
Phone: (74) 655-6464
Pax: (74) 653-8522
heu@idaggerlaw.com
Attorney for Defendant
‘The undersigned hereby certifies that a copy of the faregoing dacwer of Defendam, Oustin
J. Rebisen has been served upon die following via ordinary mail this day of April, 2023;
Mark B. Tolles, 1
365. Paint St
Chillicathe, Ohio 45601
P=
annals Mi Travis #6102353
Attorney for Sefendant
COURT OF COMMON PLEAS
5/01/2023 02:17 PM
FILED
ROSS COUNTY COMMON PLEAS:
OF COURTS
IN THE COURT OF COMMON PLEAS OF ROSS COUNTY, OHIRK
Brittany Moore
Plaintiff, Case Nou 23 C194
¥S.
dinige Matthew S. Schmidt
Destin J. Robison
Defendant,
DEFENDANT'S NOTICE OF SUBMITTAL
Now comes the Defendant, Dustin J, Robison, by and through his undersigned counsel,
amd hereby nodifies the Court that his First Set of Interrogatories and: First Set of Requagis for
Production of Documents has been served upon the Plaintiff, Brittany Moore, by and through her
counsel, Mark 13, Tolles, 01, via amall, at mark@ibenson
Jaw alosig witha modifiable word version
on this | day of May, 2023.
Respectfully submitted,
Flannah M. Travis #6102353
DAGGER, JOFINSTON, MILLER,
OGILVIE & HAMPSON
144 1. Main Street, P.O. Box 667
Lancaster, Ohio 43130-0667
(740) 653-6464
hnat@daggeriaw.con
Attomey for Defendant
1
F SERVICE
‘The undersigned counsel hereby certifies that a trae copy of the foregoing Defendant's
Notice of Submittal hus been provided to the undersigned counsel by emmil service this [day
of May, 20023:
Mark ©. Tolles, If
36 8. Paint St,
Chillicothe, Ohia 45601
pariudibenson.
few
nance
janiah MM, Travis “WO162353
Attorney for Defendant
COURT OF COMMON PLEAS
OGMD82025 08:46 PM.
FILED
ROSS COUNTY COMMON PLEAS
IN THE COURT OF COMMON PLEAS OF ROSS COUNTY, GENEoF couRTS
Brittany Moore
Plaintiff, Case No: 23 CHOd
VS,
Judge Matthew S. Schmidt
Tristin 2. Rabison
Defendant,
FENDANT" & MO OMPE. DISCO ORNEV'S FEES
Now comes the Defendant, Dustin J. Robison, by and through his undersigned counsel,
and hereby moves the Court for an Order to compel Plaintiff, Brittany Moore, to provide coniplete
discovery responses to the First Set of Interrogatories and [rst Set of Requests to Produce
Documents Issued to her by Defendant on May f, 2023. Defendant further moves the Court for an
Onder that Plaintiff, Brittany: Moore, pay his reasonable attorney's fees in an amount to be
determined at the final hearing in this cause pursuant fo Ohio Civil Rule 37(A)(5). Support for
these motions can be found in the accompanying Memorandum in Support.
Respectfilly submitted.
Hannah M. Travis haan
DAGOER, JOHNSTON, MILLER,
OCNLVIE & HAMPSON
144 E. Main Street, 0.0. Box 667
Lancaster, Ohio 45130-0667
Phone: (740) 655-6464
Fan: (740) 683-8522
hent@daggerlaw.com
Attorney for Defendant
MEMORANDUM PORT
Defendant, Dustin J, Robison, submitted his First Set of tnterrogatories and First Sat of
Requests to Produce Documents to Plaindff, Britany Moore, on May 1, 2023. Plaintiff did not
respond to such requests, On May 31, 2023, the undersigned counsel sent a follow-up email to
Maintiff, through her attorney, addressing the fact that she did not respond to the First Set of
interrogatories and Pirst Set of Requests to Prodace Becuments. ‘The undersigned counsel
requested that Maintiff provide complete responses by June 6, 2023, See Exbibit 1. Plaintiff has
not responded to the First Set of Interrogatories, First Set of Requests to Produce Documents, or
the follow-up email regarding the same.
Defendant moves the Court for an Order to compel the Plaintiff, Britany Moore, to
immediately provide her complete responses to the First Set of Interrogatories and Firat Set of
Requests to Produce Decuments.
Defendant further moves the Court for an Order that the Plaintiff, Brittany Moore, pay his
reasonable attorney's fees and expenses purguant to Ohle Civil Rule 37(A)3).
Respectfully submitted,
Ly...
rth
ee
Hannah ve Travis Aot02353
DAGGER, JOHNSTON, MILLER,
OGILVIE & HAMPSON
id E. Main Street, P.O, Box 667
Lancaster, Ohio 43130-0667
Phone: (740) 653-6664
Faw: (740) 653-8522
be@daggerlaw.com
Attorney for Defendant
Hannah Travis.
‘=item
EPEC ORR Aa AAA AALLNE NNR,
From: ‘Hannah Travis
Sent: Wednesday, May 31, 2023 2:50 PM
“For mark@bensontaw
Subject: Moore ¥ Roblion - 23 Ci 94
Mark,
On May 1, 2024, we issued discovery on your client: Your client's 28 days to eespond to-oue discovery requests have
expired, Please get your client's foll responses to out first set of discovery requests to me by next Tuesday, Jane 6,
Nr
“Thanks,
Hannah
= Barmah M. Travis, attorney
Pacgek =
‘THE LAW OFFICES OF RAGGER, JOHNSTON,
MILLER, OGILVIE & HAMPSON, LLP
Ofiee oa eet
Local, Trusted. Experienced. HET gpa coma
EXHIBIT
CERTIFICATE OF SERVICE
The undersigned counsel hereby certifies that « true copy of the foregoing document hes
been served upon. the following via email service this th day of June, 2023:
Mark D. Folles, 1
36S. Paint St.
Chillicothe, Ohio 45601
mmarki@benson
law
we
Hannah M. Travis 80102353
Attorney for Defendant
BURT ae SONMEY PLEAS
IN THE COURT OF COMMON PLEAS OF ROSS COUNTY, GHIG
t
HB SR ES PH 2 35
Brittany Moore
Per
:
Plaintiff, HAP LE
£ Case No.r 23 A a TS
¥S,
Judge Matthew 8. Schmidt
Dustin J. Robison
Defendant.
ENTRY (COMPELLING DISCOVERY)
Upon Motion of the Defendant, and for good cause shown, Plainllf, Britany Moore, in
horeby ORDERED to provide complete responses to Defendant’s Pirst Set of interrogatories and
Firat Set of Requests for Production of Ducuments within seven (7) days from the date of this
Order.
Pacgtinahursecd
Attomey’s fees to boukeweritved-at the final hewring in this.cause,
FP ES 80 ORDERED.
"VAS
JudgeAvlay ie
Submited by:
‘Hannah
M. Travis.
HannahM. Travis HOLO2353
Attorney for Defendant
‘The Clerk of dhe Court is higreby-direeted te serve w
copy oF this Jodgment Onder ancl ity date of antry
upon all counsel of cecard and all parties not
represented by counsel by personel service ar, if
oottasel is local, by placing a copy tn ddr
bor at the clek?s office br by U.S. Mall and m nota
serving on the docket,
Judge Matthew Schaiktt
“ye COURT OF COMMON FLEAS
IN THE COURT OF COMMON PLEAS Bi222093 1S AM
ROSS COUNTY, OHIO FRED
ROSS COOLANT COMMON:
FRIAS
CLERK OF COUNTY
Yo. BRON
BRITTANY MOORE,
Plaintif Case Ne. 23CIp0004
¥S
DUSTIN ROBISON,
Defendant QRDER
IT 8 THE ORDER OF THIS COURT:
That the above captioned case be set for a TELEPHONE pre-trial conference on
Oetober (6, 2023, at 01:30 PM. Pre-trial briefs shall be fled with the Clerk of this
Court not later than ten (10) days prier to the date set for the pre-trial conference.
*OOUNSEL FOR PLAINTIFF SHALL INITIATE CONFEREENCE CALL WITH COUNSEL
AND ‘THE COURT. The Court’s contact taformation is 740-709-3040 ext. 203.
Pre-trial briefs shall contain a coneise statement of the case, and in addition, will
set forth your reapective positions as to the following:
a) Venue under Ohio Civil Rule 3 (B} et seq:
vy Jurisdiction, including jurisdiction of the parties and farisdiction of the
subject matter of the action;
e Parties, including the present parties, questions of joinder of necessary parties,
ete}
a Pleadings, including a statement of the present status af pleadings, and
anticipated amendments to pleadings, and contemplated motions inchading
wnotions for Summary Judgment.
a) Issues, including the specification of issued to be represented at the trial of this.
cause, together with citations of authority relative te those igeues;
Discovery procedures, including the saiure of discovery sompleted to date and.
aititicipated discovery required, as well as the time reasonable required for the
completion of discovery;
#) Expert testimony, including the identity of propose expert witnesses;
the parties
bj Witaceses, inchiding the nauws and addresses of all witnesses which
expect to call for trial;
ij) Status of settlement negotiations.
PRE-TRIAL ORDER
PAGE 2
"The Court directs that the attorney or attorneys who will try this case shall be
present via telephone at this pre-trial, While it is net necessary that your clients be.
present at this conference, you shall be able ta contact them in the event negotiations
leading towards settlement should require.
Tice, Common Pete Court
Rose Courity, Oba
MARK TOLLES, ff, Esq. Courtroom #2
HANNAH TRAVIS, 12q.
The Clerk of the Court is herchy disected to actve a copy of this Judgment Order and its date of entry upon
nll counsel of recerl ancl all parties nor re Kentet by COMMS! by personel serviee or if coumel ie local. by
placing & copy in thelr tow at the clerk's uflice or by U.S. Mail are fo nate service on the docket.
Judge Matthew Schmidt
COURT OF COMMON PLEAS
OOF222023 12004 PME
FILED
ROSS COUNTY COMMON PLEAS
IN THE COURT OF COMMON PLEAS OF ROSS COUNTY, GHIG OF COURTS
Brittany Moore z
:
Phaintiff, s Case No. 23-CL 4
Es
Judge Matthew &, Schmidt
Dustin J. Robison
Defendant.
DEFENDANT'S PRETRIAL BRIEF
L Statement of the Case
On March 14, 2023, Plaintiff, Brittany Moore, Gled her Complaint in this case,
alleging four (4) claims against Defendant, Dustin J. Robison. Defendant filed an Answer
to Plaintiff's Complainton April 10, 2023. Defendant denies the allegations against him,
a Venue
Defendant believes venue is improper in this case, Plaintiff, in her Complaint,
alleges that venue is proper because the “incidents which form the basis of this litigation
oveurred in Montgomery County, Ohio and/or Ross County, Ohio[,]” but the incidents
which form the basis of this fitigation occurred solely in Montgomery County, Ohio, and
pot Ross County, Oblo. In Plaintiff's Complaint, she refers solely to an incident allegedly
occuring on March 12, 2022, which took plave in Montgomery County, Ohio, No part of
said incident occurred in Ross County, Ghio, Further, Defendant does not reside In Ross
County, Ohio, nor does he have a principal place of business in Ross County, Ohio.
Defendant reserves the right to taise venue-as. an issue ata later time,as he alleged improper
venue as an affirmative defense in his Answer.
3 Jurisdiction
Defendant has no objection te this Court having both subject matter jurisdiction
and personal jurisdiction.
Parties
The parties to this case are Plaintiff, Brittany Moore, and Defendant, Dustin J.
Robison.
§, Pleadings
On March 14, 2023, Plaintiff filed her Complaint against Defendant. On April 10,
2023, Defendant filed his Answer to Plaintiff's Complaint, On May 1, 2023, Defendant
filed his Notice of Submittal notifying the Court that he propounded his first set of
Interrogatories and Requests for Production of Documents on Plaintiff, On June 8, 2023,
Defendant filed a Motion to Compel Discovery and for Attorney's Fees, as Defendant had
not yet received discovery responses from Plaintiff. On June 15, 2023, the Court issued an
Entry Compelling Discovery Reponses. Plaintiff has since answered with her Discovery
Responses. Then, on August 22, 2023, the Court issued an Order setting this emse for a
Pretrial.
& Issues
Personal Injury/Negligence
Assault Battery
RC. 2307.60
Intentional Infliction of Emotional Distress
Affirmative Defenses
Damages
w Discovery Procedures
Defendant propounded his first set of discovery on Plaintiff on May 1, 2023.
Defendant anticipates propounding further discovery on Plaintiff, Including bat not limited
fo a potential deposition. Defendant anticipates needing until the end of the year to
eomplete discovery.
5. Expert Testimony
Defendant has not identified potential expert witnesses at this time, but reserves the
right to supplement this response.
o. ‘Witnesses
Britany Moore, Plaintiff, as if'on cross-exumination
Dustin J. Robison, Defendant.
‘Ken/Candy Mason
186 8, Diamond Mil Rd,
Clayton, Ohio 45315
937-733-6960
937-333-3039
Dasarae Rotison
SIG NW 3rd St.
Richmond, IN 47374
DPT R22
Jason/Lyndsay Mann
284 Sutton Ct.
Wew Lebanon, Ohio 45345
513-904-7639
Rachel Shire
Preview
ELECTRONICALLY FILED COURT OF COMMON PLEAS Tuesday, November 28, 2023 10:00:51 A! CASE NUMBER: 2023 CV 06362 Docket ID: 428287852 Mike Foley Legal Department roa CLERK OF COURT! tardTELEPHONE t ‘OHIO Nae wt (740) 702-3023 TELEPHONE (740) 702-3010 0 =e)~ Le 2 NORTH PAINT ST., SUITE B = 475 WESTERN AVENUE, SUITE M CHILLICOTHE, OHIO 4560+ FAX (740) 702-3018 - CHILLICOTHE, OHIO 45601-5200 FAX (740) 702-3030 yA QT HESS Hy OFFICE OF i Ty D. Hinton A Ross County Clerk Of Courts CIVIL DIVISION + CRIMINAL DIVISION « DOMESTIC RELATIONS FOURTH DISTRICT COURT APPEALS « MOTOR VEHICLE TITLE DIVISION ATTN: MONTGOMERY COUNTY CLERK OF COURTS CASE NO. 23 Cl 94, BRITTANY MOORE VS. DUSTIN J. ROBISON (ROSS COUNTY) An ORDER FOR CHANGE OF VENUE has been signed by Ross County Common Pleas Judge, Matthew Schmidt. A copy of the original filings is included. This letterhead serves as a certified statement of the above referenced case. The initial filing is dated March 14, 2023 (Complaint). The last filing is dated November 21, 2023 (Entry for Transfer of Venue.) | certify that the attached paperwork is a true and accurate copy of the Original Complaint filed on March 14, 2023, in the Ross County Clerk of Courts Office. November 21, 2023 Mine. Lynn Rose Chief Deputy Clerk, Legal Division Ross County, Ohio COURTOP COMMON PLEAS on 2023 89:13 AM FILED ROSS COUNTY COMMON PLEAS IN THE COURT OF COMMON PLEAS CLERK OF COURTS ROSS COUNTY, OHIO BRITTANY MOORE, c/o Benson & Sesser, LLC 36 South Paint Street Chillicothe, Ohio 45604 Case No a2cl AY Plaintiff, Judge _ _Sclomnid £ SS vs. DUSTIN J. ROBISON, COMPLAINT MI LATE c/o Southeastern Correctional Institution 5900 BIS Road SW Lancaster, Ohio 43130 Defendant. em a ws Pp£ 1ES, JURISDICTION, AND VENUE 4 Plaintiff, Brittany Moore, is, and was at all relevant times herein, a resident of the City of Chillicothe, County of Ross, State of Ohio. 2 Defendant, Dustin J. Robison, is currently a resident of the City of Lancaster, County of Fairfield, State of Ohio. Defendant, Dustin J. Robison, previously resided in Montgomery County, Ohio. At all relevant times herein, Defendant, Dustin J. Robison, conducted business throughout the State of Ohio, including Ross County, Ohio. 3 The incidents which form the basis of this litigation occurred in Montgomery County, Ohio and/or Ross County, Ohio. 4 Jurisdiction and venue are proper as part of the acts or events giving rise to this cause of action occurred in Ross County, Ohio, Defendant conducted business in Ross County, Ohio, and Plaintiff resides in Ross County, Ohio. GOUNT ONE {Personal Injury/Negligence)} 5. Plaintiff adopis and incorporates by reference each preceding paragraph the same as if fully rewritten herein. 8 At all relevant times herein, Defendant, Dustin J. Robison, owed a duly to Plaintiff, Brittany Moore, pursuant to the Ohio Revised Code and otherwise. 7. At all relevant times herein, Defendant, Dustin J. Robison, owed a duty to Plaintiff, Brittany Moore, to act In @ reasonable and prudent manner that would not. cause injury and/or harm fo Plaintiff, Brittany Moore, and others. 3 At all relevant times herein, Defendant, Dustin J. Robison, owed a duly to Plaintiff, Brittany Moora, to refrain from causing injury and/oy harm to Plaintiff, Brittany Moore, and others. 9 At all relevant times herein, Defendant, Dustin J, Rabisori, owed a duty to Pigintiff, Brittany Moore, fo provide emergency care and treatment to Plaintiff, Brittany Moore, without engaging in willful or wanton misconduct. 40. At afl relevant times herein, Defendant, Dustin J. Robison, breached the duties that he owed to Plaintiff, Brittany Moore, by including, but not limited to: Defendant, Dustin J. Robison, performing acts and/or omissions that caused parts of his body and/or objects within his possession and control to come into contact with Plaintiff, Brittany Meore’s, body on one or more occasions, including, but not limited to, acts and/or omissions that occurred on March 12, 2022; Defendant, Dustin J. Robison, falling to provide care and treatrnent to Plaintiff, Brittany Moore, for injures that she suatained on March 12, 2022; and Defendant, Dustin J. Robison, preventing Plaintiff, Brittany Moore, from contacting and/or receiving assistance from medical personnel, faw enforcement personnel, and others for injuries that she sustained on March 12, 2022. 1. The actions and/or omissions of Defendant, Dustin J. Robison, directly and proximately caused harm ta Plaintiff, Brittany Moore, on one or more occasions, Including, but not limited to, March 12, 2022. 12. The actiona and/or omissions of Defendant, Dustin J. Robison, were unlawful, negligent, and/or reckless as to Plaintiff, Brittany Moore, 13. The actions and/or omissinne of Defendant, Dustin.J. Robison, were done in a willful and/or wanton manner, in flagrant disregard of the fights and safety of others, including Plaintiff, Brittany Moore, vw The actions and/or omissions of Defendant, Dustin J. Robleon, demonstrate a conscious disregard for the rights and safety of others, including Plaintiff, Britany Moore, that had a great probability of causing substantial harm and, in fact, caused such. harm to Plaintif, Brittany Moore. 45. The actions and/or omissions of Defendant, Dustin J. Robison, conatitute actual matics. 16. As a direct and proximate result of the negligence, recklessness, willful and wanton conduct, and/or actual malice of Defendant, Dustin J, Robison, the Plaintiff, Brittany Moore, sustained extensive temporary and permanent injuries, including permanent and substantial physical deformity; suffered great physical pain and suffering, mental anguish, and the loss of enjoyment of life; that she is subject to increased risk of harny that she incurred jarge sume of money for medical expenses for treatment of said injuries; that she lost wages and was. prevented from transacting her business; and that she was unable to perform her usual activities and live a normal way of life. COUNT TWO (Assault/Battery) 17, Plaintiff adopts and incorporates by reference each preceding paragraph the same aa if fully rewritten herein. 18. On or about March 12, 2022, ihe actions of Defendant, Dustin J. Robison, put Plaintiff, Brittany Moore, in apprehension of harmful and/or offensive conduct, 18, On or about March 12, 2022, Defendant, Dustin J. Robison, acted with intent to cause harmful or offensive contact with Plaintiff, Brittany Moore, in violation of RC, 20038.11(4). 20. Gn or about March 12, 2022, Defendart, Dustin J. Robison, actad with intent to cause, or attempted to cause, serious physical harm to Plaintiff, Brittany Moore, in violation of R.C. 2803, 11(A). 24. On or about March 12, 2022, Defendant, Dustin J. Robison, knew or belleved that his actions towards Plaintiff, Brittany Moore, were substantially certain to result In physical. harm and/or offensive contact with Plaintiff, Brittany Moore, in violation of B.C. 2903.11(A). 22, At all relevant times, Defendant, Dustin J. Robison’s, actions were interdional towards Plaintiff, Britany Moore. 23, The actions of Defendant, Dustin J. Robison, directly and. proximately caused physical harm and/or offensive contact to Plaintiff, Brittany Moore, on or about March 12, 2022. a4, The actions of Defendant, Dustin J. Robison, constitute assault andor battery. 25. 4s a direct and proximate result of Defendant, Dustin J. Robisan's, assault and/or battery of Plaintiff, Brittany Moore, the Plaintiff sustained the injuries and damages stated herein. 28. On or about October 28, 2022, Defendant, Dustin J. Robison, was convicted of one (1) count of felonious assault and one (1) count of domestic violence in Montgomery County Court of Common Pleas Gase No. 2022 CR 00719. Defendant, Dustin J. Robison, was sentenced for those orlmes on or shout November 21, 2022. iA, STE) a7, Plaintiff’ adopts and incorporates by reference each preceding paragraph the same as if fully rewritten herein. 28, On or about March 12, 2022, Defendant, Dustin J. Robison, engaged in Intentional criminal wrongdoing against Plaintlif, Brittany Moore, including, but not limited ta, the follawing: a. Felonious assault in violation of R.C. 2993.11; b. Domestic violence in violation of B.C. 2919.25; Kidnapping for the purpose of engaging in sexaul activity in wolation of R.C. 2905.01; Abduction by restraining the fiberty of another person in violation of RC. 2905,02; Unlawful restraint in violation of R.C, 2905.03; Coercion in violation of R.C, 2905.12; Rape in violation of R.C, 2907.02; A Sexual battery in violation of R.O. 2907.03; and i, Gross sexual impesition in violation of B.C, 2907.05. 26, As a direct and proximate result of Defendant, Dustin J. Robison’s, intentional criminal wrongdoings against Plaintiff, Brittany Moore, the Plaintiff sustained the injuries and damages stated herein. (intentional infliction of Emotional Distress) 30. Plaintiff adopts and incorporates by reference each preceding paragraph ihe same as if fully rewritten herein, 31. Tha above-referenced conduct of Defandant, Dustin J. Robison, was unreasonable, extreme, and outrageous. 32. ‘The above-referenced conduct of Defendant, Dustin J. Robison, subjected Plaintiff, Brittany Moore, to real or impending danger. 33. The above-referenced conduct of Defendant, Dustin J. Robison, caused Plaintiff, Brittany Moore, to experience severe emotional distress, 34, As a direct and proximate result of Defendant, Dustin J. Robison’s, intentional infliction of emotional distress, towards Plaintiff, Brittany Moore, the Plaintiff sustained the injuries and damages slated herein. 35, The injurles and damages that Plaintiff, Brittany Moore, sustained as a diract and proximate result of Defendant, Dustin J, Robison’s, intentional infliction of emotional distress were reasonably foreseeable. 36, The injuries and damages that Plaintif, Brittany Moore, sustained as a direct and proximate result of Defendant, Dustin J. Robison’s, intentional infliction of emotional distress were severe, debilitating, and disabling. WHEREFORE, Plaintiff, Brittany Moore, prays.for the following relief; As to GOUNT ONE, Plsintiff demands judgment against Defendant for compensatory damages In an amount in excess of twentydive thousand dollars ($26,000.00), for punitive damages, for pre-judgment interest, for post-judgment interest, for Plaintiff's reasonable attorney fees, for her costs inculred herein, and for suoh other relief as this Court may deer just and equitable. As to COUNT TWO, Plaintiff demands judgment against Defendants. for compensatory damages in an amount in excess of twenty-five thousand dollars {$25,000.00}, for punitive damages, for prejudgment interest, for postqudgment interest, for Plaintiff's reasonable attorney fees, fer her costs incurred herein, and for such other relief as this Court may deem just and equitable. As to COUNT THREE, Plaintiff demands fidgment against Defendant for compensatory damages in an amount in excess of twenty-five thousand dollars ($25,000.00), for punitive damages, for prejudgment interest, for post-judgment interest, for Plaintiff's reasonable attorney fees, for her costs incurred herein, and for such other relief as this Court may deem just and equitable. As to GOUNT FOUR, Plaintiff demands judgment against Defendant for compensatory damages in an amount in excess of twenty-five thousand dollars ($25,006.00), for punitive damages, for prejudgment interest, for post-judgment interest, for Plaintiff's reasonable attorney fees, for her costs incurred herein, and for such other relief ag this Court may deem just and equitable. 277Db Respectfully Submitted, MARK D. TOLLES, (#0087022) BENSON & SESSER, LLC 36 South Paint Street Chillicothe, OH 45601-3238 'A0) 773-2600 — Office (740) 773-3610 ~ Fax mark@benson law Attomey for Plalntlif ROSS COUNTY OMMON PLEAS CHILL 46601 TO: BUSTIN ROBISON CASE NO. 2301000094 (C/O SOUTHEASTERN FUDGE: MATTHEW § CORRECTIONAL INSTITUTION SCHMIDT ATTN: INMATE NO, AS08191 $900 BIS ROAD SW LANCASTER, OH 43130 How Served. Miles Day Served Foes BRITTANY MOORE CH) BENSON & SPSSER, LLC CHILLICOTHE, OH 45601 VS DUSTIN ROBISON CAO SOUTHBASTERN CORRECTIONAL INSTITUTION LANCASTER, OH 43130 ‘To the above named Defendant by. ‘You are hereby smmoned that a complaint (a copy of which is herete attached and made a part hereof) has been filed against yeu in this court by the pluintifi{s) named herein. You are required to serve upon the plaintifl{s) attomey, or upon the plaintiff{s} if be has se attorney of record, a copy of your answerto the complaint within 28 days aller service of this summons upon you, exclusive of the dey of service. Said answer must be filed with this court within three days. after service onthe Plaintill’s Altomey. MARK D TOLLES 1 368 PAINT ST CHILLICOTHE, GH 45601 Lf you fail ts appear and defend, judgment will be taken against you for the relief demanded in the complaint. TY DB. HINTON, CLERK OF COURTS March 14, 2023 Soe THY 7ébb VGH 220 eae Fe pede SS oye 18) wen ee sn hy He he ie BB Be ee on BB --EESErSoe ee =o a a i a a a ade oa ee Retur Redelor (For S841) Barco ai A. Skoreture Clagent Unit QA | csancin Mi iba val e iy Dale Pl Addre: of Dallvery i a S550 Vib F404 BAO: Bale 75 C, ta del Sadiede ingen Henn 17 é ives, ant dvery adetesa below: Ne 1, Artiche Adereesad to: 2301000094 DUSTIN ROBISON Sar C/O SOUTHEASTERN CORRECTIONAL ATTN: INMATE NO. ABOB192 [I] Cos ed Mg | ES Aig 3900 BIS ROAD Siw pe ¢ De OF LANCASTER OH #3130 AAS, ons et we re it 12. Gartified Mall (Porm 3800) Atticle Number 2 ein a 2! Eo, None! ‘ E ' FUL Febb TI04 220k eeie e rc oe is Porm 3811, Facsimile, fuly 2015 » sees semis a Iabltiyte] 7at te ic g EY rman rH H ch alel i linea al rr i . SS a al fi i ii4 i Sey Mi ej Sepa TH = Q | o-4 = vn wel at = a Seco Be al i a! Om ———s _oe ft! al a aj NRE 5 | i al a ee i fe z eect COURT OF COMMON PLEAS 4/10/2023 10:37 AM FILED ROSS COUNTY COMMON PLEAS IN THE COURT Of COMMON PLEAS OF ROSS COUNTY, OK OF COURTS Brittany Moore Plaintiff, Case No.3 23 C194 ve dndge Matthew §. Schmidt Dastin J. Robison Defendant. Swi PEND, DUSTI ROBISO! Defendant, Dustin J. Robison (hertinafter “Defendant’), by and through undersigned counsel, for his Answer to Plaintiff's Complaint, hereby states as follows: I Defendant is without sufficient knowledge or infarmstion sufficient to admit. the allegations of Paragraph 1, and therefore denies the same for lack of knowledge, Defendant admits only the portion of Paragraph 2 thot alleges or implies thethe ourrently vesides in Fairfield County, Ohio. All remaining allegations are denied. Defendant denies the allegations set forth in Paragraph 3, Defendant denies the allegations sot forth in Paragraph 4. 5. Paragraph 5 simply incorporates price allegations. Defendant incorparates all prior admissions, denials, and ayerments herein. ‘Defendant denies the allegations set forth in Paragraph 6. 7. Defendant denies the allegations se¢ forth in Paragraph 7. & Defendant denies the allegations set forth in Paragraph 8. >. Defendant denies the allegations set forth in Paragraph 9. 10, Defendant denies the allegations set forth in Paragraph 10. 11. Defendant denies the allegations set forth in Paragraph 11, 12, Defendant denies the allegations set forth in Paragraph (2 13. Defendant denies the allegations set forth in Paragraph [3. 14, Defendant denies the allegations set forth in Paragraph 14 15, Defendant denies the allegations set forth in Paragraph 15 16, Defendant denies the allegations set forth in Paragraph 16 17, Paragraph 17 simply incorporates pricr allegations. Defendant incorporates all prior admissions, denials, and averments herein. 18, Defendant denies the allegations set forth in Paragraph 18. 19, Defendant denies the allegations set forih in Paragraph 19. 20. Defendant denies the allegations set forth in Paragraph 20 21, Defendant denies the allegations set forth in Paragraph 21 22, Defendant denies the sflegations set forth in Paragraph 22. 23, Defendant denies the allegations get forth in Paragraph 23. 24. Defendant denies the allegations set forth in Paragraph 24. 25. Defendant denies the allegations set forth in Paragraph 25, 26. Defendant admits the allegations set forth in Paragraph 26. 27. Paragraph 27 simply incorporates prior allegations. Defendant incorporates all prlor admissions, denials, and averments herein. 28. Deferant denies the allegations set forth in Paragraph 28. 29. Defendant denies the allegations set forth in Paragraph 29. 30, Paragraph 30 simply incorporates prior allegations, Defendant incorporates all prior adtaissions, denials, and averments herein. 41, Defendant denies the allegations set forth in Paragraph 31. 32. Defendant denies the allegations set forth in Paragraph 32 33, Defendant denies the allegations set forth in Paragraph 33 MM. Defendant denies the allegations set forth in Paragraph 34, 34. Defendant denies the allegations set forth in Paragraph 35. 36, Defendant denies the allegations set forth in Paragraph 36. AFFIRMATIVE DEFENSES. Plaintiff's Complaint fails to state a claim upon which relief may be granted. Ross County Court of Common Pleas is an improper venue for this matter. Plaintiff's damages are the result of actions, inactions, or omissions committed by Plaintiff. Plaintiff's claims are barred, in whole or in part, by the equitable theories of laches, waiver, and/or estoppel. Plaintiff's claims are barred by unclean hands. Plaintiff fhited to. mitigate any damages Plaintiff suffered. Plaintiff has waived and/or is estopped from obtaining relief claimed due to their own knowledge, actions, promises, and/ar representations. &g Plaintifi’s claims do not entitle Plaintiff to attomey’s fees, 9. Plaintiff has not sustained damages occasioned by any act ov omission of the Defendant. 10, Plaintif?’s claims are barred by tortious and criminal acts of intervening third parties, 11. Plaintiff's claims are moot and/or not ripefor adjndication, 12, Plaintiff's claims ave barred by accord and satisfaction. 13. Plaintiff's claims are barred by duress. 14. Plainiff's claims are barred by fraud by a third party, 15. Plaintiff's claims ere barred by illegal acts by a thivd party. 16. Plaintiff's claims are barred by the statute of limitations. 17. Plaintiff's claims are barred by the statute of frauds, 18. Platadfi's claims are barred by failure 10 join a party under Civil Rule 19, 19. Plaintiff's claims are barred by assumption of risk. 20. Plaintiff's claims are barred by contributory negligence. 21. Defendant reserves the right to-raise additional affirmative defenses ax they ray be revealed in discovery. WHEREFORE, Defendant, Dustin J. Robison, by and through undersigned counsel, respectfully requests that judgment be entered in his favor and against Plaintiff on all claims set forth in Plaintiff's Complaint, that he be awarded lis costs and attorney's fees incurred in delending this action, along with any other such relief that this Court deems equitable and just, Respectfully submitted, CE. Hannah M. Fravis #0102353 DAGGER, JOHNSTON, MILLER, OGILVIE & HAMPSON 1445. Main $1, P.O, Box 667 Lancaster, Ohio 43130-0607 Phone: (74) 655-6464 Pax: (74) 653-8522 heu@idaggerlaw.com Attorney for Defendant ‘The undersigned hereby certifies that a copy of the faregoing dacwer of Defendam, Oustin J. Rebisen has been served upon die following via ordinary mail this day of April, 2023; Mark B. Tolles, 1 365. Paint St Chillicathe, Ohio 45601 P= annals Mi Travis #6102353 Attorney for Sefendant COURT OF COMMON PLEAS 5/01/2023 02:17 PM FILED ROSS COUNTY COMMON PLEAS: OF COURTS IN THE COURT OF COMMON PLEAS OF ROSS COUNTY, OHIRK Brittany Moore Plaintiff, Case Nou 23 C194 ¥S. dinige Matthew S. Schmidt Destin J. Robison Defendant, DEFENDANT'S NOTICE OF SUBMITTAL Now comes the Defendant, Dustin J, Robison, by and through his undersigned counsel, amd hereby nodifies the Court that his First Set of Interrogatories and: First Set of Requagis for Production of Documents has been served upon the Plaintiff, Brittany Moore, by and through her counsel, Mark 13, Tolles, 01, via amall, at mark@ibenson Jaw alosig witha modifiable word version on this | day of May, 2023. Respectfully submitted, Flannah M. Travis #6102353 DAGGER, JOFINSTON, MILLER, OGILVIE & HAMPSON 144 1. Main Street, P.O. Box 667 Lancaster, Ohio 43130-0667 (740) 653-6464 hnat@daggeriaw.con Attomey for Defendant 1 F SERVICE ‘The undersigned counsel hereby certifies that a trae copy of the foregoing Defendant's Notice of Submittal hus been provided to the undersigned counsel by emmil service this [day of May, 20023: Mark ©. Tolles, If 36 8. Paint St, Chillicothe, Ohia 45601 pariudibenson. few nance janiah MM, Travis “WO162353 Attorney for Defendant COURT OF COMMON PLEAS OGMD82025 08:46 PM. FILED ROSS COUNTY COMMON PLEAS IN THE COURT OF COMMON PLEAS OF ROSS COUNTY, GENEoF couRTS Brittany Moore Plaintiff, Case No: 23 CHOd VS, Judge Matthew S. Schmidt Tristin 2. Rabison Defendant, FENDANT" & MO OMPE. DISCO ORNEV'S FEES Now comes the Defendant, Dustin J. Robison, by and through his undersigned counsel, and hereby moves the Court for an Order to compel Plaintiff, Brittany Moore, to provide coniplete discovery responses to the First Set of Interrogatories and [rst Set of Requests to Produce Documents Issued to her by Defendant on May f, 2023. Defendant further moves the Court for an Onder that Plaintiff, Brittany: Moore, pay his reasonable attorney's fees in an amount to be determined at the final hearing in this cause pursuant fo Ohio Civil Rule 37(A)(5). Support for these motions can be found in the accompanying Memorandum in Support. Respectfilly submitted. Hannah M. Travis haan DAGOER, JOHNSTON, MILLER, OCNLVIE & HAMPSON 144 E. Main Street, 0.0. Box 667 Lancaster, Ohio 45130-0667 Phone: (740) 655-6464 Fan: (740) 683-8522 hent@daggerlaw.com Attorney for Defendant MEMORANDUM PORT Defendant, Dustin J, Robison, submitted his First Set of tnterrogatories and First Sat of Requests to Produce Documents to Plaindff, Britany Moore, on May 1, 2023. Plaintiff did not respond to such requests, On May 31, 2023, the undersigned counsel sent a follow-up email to Maintiff, through her attorney, addressing the fact that she did not respond to the First Set of interrogatories and Pirst Set of Requests to Prodace Becuments. ‘The undersigned counsel requested that Maintiff provide complete responses by June 6, 2023, See Exbibit 1. Plaintiff has not responded to the First Set of Interrogatories, First Set of Requests to Produce Documents, or the follow-up email regarding the same. Defendant moves the Court for an Order to compel the Plaintiff, Britany Moore, to immediately provide her complete responses to the First Set of Interrogatories and Firat Set of Requests to Produce Decuments. Defendant further moves the Court for an Order that the Plaintiff, Brittany Moore, pay his reasonable attorney's fees and expenses purguant to Ohle Civil Rule 37(A)3). Respectfully submitted, Ly... rth ee Hannah ve Travis Aot02353 DAGGER, JOHNSTON, MILLER, OGILVIE & HAMPSON id E. Main Street, P.O, Box 667 Lancaster, Ohio 43130-0667 Phone: (740) 653-6664 Faw: (740) 653-8522 be@daggerlaw.com Attorney for Defendant Hannah Travis. ‘=item EPEC ORR Aa AAA AALLNE NNR, From: ‘Hannah Travis Sent: Wednesday, May 31, 2023 2:50 PM “For mark@bensontaw Subject: Moore ¥ Roblion - 23 Ci 94 Mark, On May 1, 2024, we issued discovery on your client: Your client's 28 days to eespond to-oue discovery requests have expired, Please get your client's foll responses to out first set of discovery requests to me by next Tuesday, Jane 6, Nr “Thanks, Hannah = Barmah M. Travis, attorney Pacgek = ‘THE LAW OFFICES OF RAGGER, JOHNSTON, MILLER, OGILVIE & HAMPSON, LLP Ofiee oa eet Local, Trusted. Experienced. HET gpa coma EXHIBIT CERTIFICATE OF SERVICE The undersigned counsel hereby certifies that « true copy of the foregoing document hes been served upon. the following via email service this th day of June, 2023: Mark D. Folles, 1 36S. Paint St. Chillicothe, Ohio 45601 mmarki@benson law we Hannah M. Travis 80102353 Attorney for Defendant BURT ae SONMEY PLEAS IN THE COURT OF COMMON PLEAS OF ROSS COUNTY, GHIG t HB SR ES PH 2 35 Brittany Moore Per : Plaintiff, HAP LE £ Case No.r 23 A a TS ¥S, Judge Matthew 8. Schmidt Dustin J. Robison Defendant. ENTRY (COMPELLING DISCOVERY) Upon Motion of the Defendant, and for good cause shown, Plainllf, Britany Moore, in horeby ORDERED to provide complete responses to Defendant’s Pirst Set of interrogatories and Firat Set of Requests for Production of Ducuments within seven (7) days from the date of this Order. Pacgtinahursecd Attomey’s fees to boukeweritved-at the final hewring in this.cause, FP ES 80 ORDERED. "VAS JudgeAvlay ie Submited by: ‘Hannah M. Travis. HannahM. Travis HOLO2353 Attorney for Defendant ‘The Clerk of dhe Court is higreby-direeted te serve w copy oF this Jodgment Onder ancl ity date of antry upon all counsel of cecard and all parties not represented by counsel by personel service ar, if oottasel is local, by placing a copy tn ddr bor at the clek?s office br by U.S. Mall and m nota serving on the docket, Judge Matthew Schaiktt “ye COURT OF COMMON FLEAS IN THE COURT OF COMMON PLEAS Bi222093 1S AM ROSS COUNTY, OHIO FRED ROSS COOLANT COMMON: FRIAS CLERK OF COUNTY Yo. BRON BRITTANY MOORE, Plaintif Case Ne. 23CIp0004 ¥S DUSTIN ROBISON, Defendant QRDER IT 8 THE ORDER OF THIS COURT: That the above captioned case be set for a TELEPHONE pre-trial conference on Oetober (6, 2023, at 01:30 PM. Pre-trial briefs shall be fled with the Clerk of this Court not later than ten (10) days prier to the date set for the pre-trial conference. *OOUNSEL FOR PLAINTIFF SHALL INITIATE CONFEREENCE CALL WITH COUNSEL AND ‘THE COURT. The Court’s contact taformation is 740-709-3040 ext. 203. Pre-trial briefs shall contain a coneise statement of the case, and in addition, will set forth your reapective positions as to the following: a) Venue under Ohio Civil Rule 3 (B} et seq: vy Jurisdiction, including jurisdiction of the parties and farisdiction of the subject matter of the action; e Parties, including the present parties, questions of joinder of necessary parties, ete} a Pleadings, including a statement of the present status af pleadings, and anticipated amendments to pleadings, and contemplated motions inchading wnotions for Summary Judgment. a) Issues, including the specification of issued to be represented at the trial of this. cause, together with citations of authority relative te those igeues; Discovery procedures, including the saiure of discovery sompleted to date and. aititicipated discovery required, as well as the time reasonable required for the completion of discovery; #) Expert testimony, including the identity of propose expert witnesses; the parties bj Witaceses, inchiding the nauws and addresses of all witnesses which expect to call for trial; ij) Status of settlement negotiations. PRE-TRIAL ORDER PAGE 2 "The Court directs that the attorney or attorneys who will try this case shall be present via telephone at this pre-trial, While it is net necessary that your clients be. present at this conference, you shall be able ta contact them in the event negotiations leading towards settlement should require. Tice, Common Pete Court Rose Courity, Oba MARK TOLLES, ff, Esq. Courtroom #2 HANNAH TRAVIS, 12q. The Clerk of the Court is herchy disected to actve a copy of this Judgment Order and its date of entry upon nll counsel of recerl ancl all parties nor re Kentet by COMMS! by personel serviee or if coumel ie local. by placing & copy in thelr tow at the clerk's uflice or by U.S. Mail are fo nate service on the docket. Judge Matthew Schmidt COURT OF COMMON PLEAS OOF222023 12004 PME FILED ROSS COUNTY COMMON PLEAS IN THE COURT OF COMMON PLEAS OF ROSS COUNTY, GHIG OF COURTS Brittany Moore z : Phaintiff, s Case No. 23-CL 4 Es Judge Matthew &, Schmidt Dustin J. Robison Defendant. DEFENDANT'S PRETRIAL BRIEF L Statement of the Case On March 14, 2023, Plaintiff, Brittany Moore, Gled her Complaint in this case, alleging four (4) claims against Defendant, Dustin J. Robison. Defendant filed an Answer to Plaintiff's Complainton April 10, 2023. Defendant denies the allegations against him, a Venue Defendant believes venue is improper in this case, Plaintiff, in her Complaint, alleges that venue is proper because the “incidents which form the basis of this litigation oveurred in Montgomery County, Ohio and/or Ross County, Ohio[,]” but the incidents which form the basis of this fitigation occurred solely in Montgomery County, Ohio, and pot Ross County, Oblo. In Plaintiff's Complaint, she refers solely to an incident allegedly occuring on March 12, 2022, which took plave in Montgomery County, Ohio, No part of said incident occurred in Ross County, Ghio, Further, Defendant does not reside In Ross County, Ohio, nor does he have a principal place of business in Ross County, Ohio. Defendant reserves the right to taise venue-as. an issue ata later time,as he alleged improper venue as an affirmative defense in his Answer. 3 Jurisdiction Defendant has no objection te this Court having both subject matter jurisdiction and personal jurisdiction. Parties The parties to this case are Plaintiff, Brittany Moore, and Defendant, Dustin J. Robison. §, Pleadings On March 14, 2023, Plaintiff filed her Complaint against Defendant. On April 10, 2023, Defendant filed his Answer to Plaintiff's Complaint, On May 1, 2023, Defendant filed his Notice of Submittal notifying the Court that he propounded his first set of Interrogatories and Requests for Production of Documents on Plaintiff, On June 8, 2023, Defendant filed a Motion to Compel Discovery and for Attorney's Fees, as Defendant had not yet received discovery responses from Plaintiff. On June 15, 2023, the Court issued an Entry Compelling Discovery Reponses. Plaintiff has since answered with her Discovery Responses. Then, on August 22, 2023, the Court issued an Order setting this emse for a Pretrial. & Issues Personal Injury/Negligence Assault Battery RC. 2307.60 Intentional Infliction of Emotional Distress Affirmative Defenses Damages w Discovery Procedures Defendant propounded his first set of discovery on Plaintiff on May 1, 2023. Defendant anticipates propounding further discovery on Plaintiff, Including bat not limited fo a potential deposition. Defendant anticipates needing until the end of the year to eomplete discovery. 5. Expert Testimony Defendant has not identified potential expert witnesses at this time, but reserves the right to supplement this response. o. ‘Witnesses Britany Moore, Plaintiff, as if'on cross-exumination Dustin J. Robison, Defendant. ‘Ken/Candy Mason 186 8, Diamond Mil Rd, Clayton, Ohio 45315 937-733-6960 937-333-3039 Dasarae Rotison SIG NW 3rd St. Richmond, IN 47374 DPT R22 Jason/Lyndsay Mann 284 Sutton Ct. Wew Lebanon, Ohio 45345 513-904-7639 Rachel Shire