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NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
ANSWER OF...
January 18, 2024 17:48
By: MICHAEL F. LYON 0006749
Confirmation Nbr. 3065187
RAYMOND KAY, ADM. OF ESTATE OF MARY KAY, CV 23 990355
DECD.
vs.
Judge: NANCY A. FUERST
EMERGENCY PROFESSIONALS OF OHIO, INC., ET
AL.
Pages Filed: 15
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COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
RAYMOND KAY, ADMINISTRATOR Case No.: CV 23 990355
OF THE ESTATE OF
MARY KAY, DECEASED Judge Nancy A. Fuerst
Plaintiff ANSWER AND JURY DEMAND
vs. WITH INTERROGATORIES AND
REQUESTS FOR PRODUCTION OF
EMERGENCY PROFESSIONALS
DOCUMENTS ATTACHED OF
OF OHIO, INC., etal.
DEFENDANT, EMERGENCY
Defendant PROFESSIONALS OF OHIO, INC.
Now comes Defendant, Emergency Professionals of Ohio, Inc., by and through
counsel and for its Answer to Plaintiff’s Complaint, states:
FIRST DEFENSE
1. Plaintiff’s Complaint fails to state a claim for which relief can be granted.
SECOND DEFENSE
2. The First Defense is incorporated herein by reference as if fully rewritten.
3. Defendant denies for want of knowledge Paragraph 1 of Plaintiff’s
Complaint.
4. Defendant admits Paragraphs 2, 3 and 4 of Plaintiff’s Complaint.
5. Defendant denies for want of knowledge Paragraphs 5, 6 and 7 of Plaintiff’s
Complaint.
6. Defendant admits Paragraph 8 of Plaintiff’s Complaint.
7. Defendant deny for want of knowledge Paragraph 9 of Plaintiff’s Complaint.
8. Defendant admit Paragraph 10 of Plaintiff’s Complaint.
9. Defendant denies Paragraph 11 of Plaintiff’s Complaint.
10. Defendant admits Paragraph 12 of Plaintiff’s Complaint.
11. Defendant denies Paragraph 13 of Plaintiff’s Complaint.
12. Defendant admits Paragraph 14 of Plaintiff’s Complaint.
13. Defendant denies Paragraph 15 of Plaintiff’s Complaint.
14. Defendant denies for want of knowledge Paragraphs 16 through 22,
inclusive of Plaintiff’s Complaint.
15. Defendant admits Paragraph 23 of Plaintiff’s Complaint.
16. Defendant admits and/or denies in accordance with the previous pleading
Paragraph 24 of the First Cause of Action of Plaintiff’s Complaint.
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17. Defendant denies for want of knowledge Paragraphs 25 through 31,
inclusive, of the First Cause of Action of Plaintiff’s Complaint.
18. Defendant denies Paragraphs 32, 33, 34 and 35 of the First Cause of Action
of Plaintiff’s Complaint.
THIRD DEFENSE
19. The preceding defenses are incorporated herein by reference as if fully
rewritten.
20. The alleged injuries and death to Plaintiff’s decedent are not the result of
any acts or omissions or failure to act on the part of these answering Defendant, but rather
are the result of an event which occurred naturally and over which these answering
Defendant had no control
FOURTH DEFENSE
21. The preceding defenses are incorporated herein by reference as if fully
rewritten.
22. Defendant states that the act or failure to act on the part of persons other
than these answering Defendant, who were neither under the control nor an employee of
said Defendant and for whose acts or omissions said Defendant had no legal
responsibility, intervened and superseded between any and all acts or failure to act on
the part of these answering Defendant (which are specifically denied), and directly and
proximately caused the occurrence which is the subject matter of this lawsuit for which
these answering Defendant are not liable.
FIFTH DEFENSE
23. The preceding defenses are incorporated herein by reference as if fully
rewritten.
24. The injuries and damages alleged in Plaintiff’s Complaint, which allegations
are denied, are the result of a pre-existing condition and/or pathology, or surgical
procedures, and accordingly, any acts or omissions of these answering Defendant (which
are expressly denied) cannot be deemed the proximate cause of the alleged injuries
and/or damages to Plaintiff.
SIXTH DEFENSE
25. The preceding defenses are incorporated herein by reference as if fully
rewritten.
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26. Plaintiff’s decedent’s underlying pathology was such that optimal medical
and/or surgical intervention at any time in the clinical course would not have prevented
the pathological condition which caused Plaintiff’s decedent’s death.
SEVENTH DEFENSE
27. The preceding defenses are incorporated herein by reference as if fully
rewritten.
28. Plaintiff’s decedent was herself negligent in a percentage more than fifty
percent as compared to the alleged negligence of the Defendant, thereby preventing
Plaintiff from recovery.
EIGHTH DEFENSE
29. The preceding defenses are incorporated herein by reference as if fully
rewritten.
30. Defendant request that the negligence of any and all parties be apportioned
by the fact finder in the appropriate percentages for each.
NINTH DEFENSE
31. The preceding defenses are incorporated herein by reference as if fully
rewritten.
32. Defendant are entitled to a set-off from any adverse verdict to judgment
entered of any amount paid to Plaintiff by any other person or entity pursuant to O.R.C.
§2307.28. The Defendant are also entitled to an apportionment of liability to non-parties
to this action pursuant to O.R.C. §2307.23(A)(2) and §2307.23(C). Pursuant to
§2307.23(A)-(C), the Defendant are also entitled to an apportionment of liability to include
any person or entity that is a party, has ever been named as a party to this action or to a
subsequently filed action, regardless of whether the party remains a party at trial, is
voluntarily dismissed, dismissed by the Court for any reason, or has settled.
TENTH DEFENSE
33. The preceding defenses are incorporated herein by reference as if fully
rewritten.
34. Plaintiff’s claims are barred by the statute of limitations.
ELEVENTH DEFENSE
35. The preceding defenses are incorporated herein by reference as if fully
rewritten.
36. Plaintiffs failed to mitigate their damages.
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TWELFTH DEFENSE
37. The preceding defenses are incorporated herein by reference as if fully
rewritten.
38. There has been a failure and/or insufficiency of service and/or process.
THIRTEENTH DEFENSE
39. The preceding defenses are incorporated herein by reference as if fully
rewritten.
40. This Court lacks jurisdiction over the subject matter of this dispute and/or
these answering Defendant.
WHEREFORE, having fully answered, said Defendant, Emergency Professionals
of Ohio, Inc., demands that the Complaint be dismissed as to it and that it may go hence
without delay
Respectfully submitted,
/s/ MicfaeC T, Lyon
Michael F. Lyon, Esq. (0006749)
Paul J. Vollman, Esq. (0065680)
Cullen P. Rooney, Esq. (0098158)
Zachary R. Rigg, Esq. (0102040)
LINDHORST & DREIDAME CO., L.P.A.
312 Walnut Street, Suite 3100
Cincinnati, OH 45202
(513) 421-6630 Phone
(513) 421-0212 Fax
mlyon@lindhorstlaw.com
pvollman@lindhorstlaw.com
crooney@lindhorstlaw.com
zrigq@lindhorstlaw.com
Attorneys for Defendant, Emergency Professionals
of Ohio, Inc.
JURY DEMAND
Defendant, Emergency Professionals of Ohio, Inc., hereby demands a trial by jury
on all issues herein.
/s/ MicfiaeC T. Lyon
Michael F. Lyon
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CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been served upon the following by
electronic and/or regular U.S. Mail on this 18th day of January, 2024:
Stuart E. Scott, Esq. Susan Blasik-Miller, Esq.
Dustin B. Herman, Esq. Michael D. Rice, Esq.
Spangenberg Shibley & Liber, LLP Reminger Co., LPA
1001 Lakeside Avenue, Suite 1700 Fifth Third Center
Cleveland, OH 44114 1 South Main Street, Suite 1800
sscott@spanqlaw.com Dayton, OH 45402-2017
dherman@spanqlaw.com sbmiller@reminqer.com
Attorney for Plaintiff sbockelman@reminqer.com
Attorneys for Defendant, Emergency Professional
Services, Inc.
Matthew W. Nakon, Esq.
Malorie A. Alverson, Esq.
Michael R. Nakon, Esq.
Wickens Herzer Panza
35765 Chester Road
Avon, OH 44011-1262
mnakon@wickenslaw.com
malverson@wickenslaw.com
mrnakon@wickenslaw.com
Attorneys for Defendants Team Health
Holdings, Inc. and Team Finance, LLC
/s/ MichaetF. Lyon
Michael F. Lyon
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COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
RAYMOND KAY, ADMINISTRATOR Case No.: CV 23 990355
OF THE ESTATE OF
MARY KAY, DECEASED Judge Nancy A. Fuerst
Plaintiff INTERROGATORIES AND REQUESTS
vs. FOR PRODUCTION OF DOCUMENTS
OF DEFENDANT, EMERGENCY
EMERGENCY PROFESSIONALS
PROFESSIONALS OF OHIO, INC.,
OF OHIO, INC., etal.
PROPOUNDED TO PLAINTIFF
Defendant
Now comes Defendant, Emergency Professionals of Ohio, Inc., by and through
counsel and address the following Interrogatories to the Plaintiff, pursuant to Rules 33
and 34 of the Ohio Rules of Civil Procedure, to be answered within twenty-eight (28) days
of the date appearing on the Certificate of Service attached to these Interrogatories.
INSTRUCTIONS
IN ORDER FOR DEFENSE COUNSEL TO EVALUATE THE ISSUES OF
DAMAGES AND LIABILITY, IT IS IMPERATIVE THAT THE INFORMATION
REQUESTED IN THE FOLLOWING INTERROGATORIES AND REQUESTS FOR
PRODUCTION OF DOCUMENTS BE ANSWERED IN A TIMELY MANNER SO THAT
DEFENSE COUNSEL CAN CONDUCT A TIMELY, COMPREHENSIVE AND
ACCURATE ANALYSIS OF THE DAMAGE AND LIABILITY ISSUES. ACCORDINGLY,
COUNSEL WILL INSIST THAT ANSWERS TO THESE INTERROGATORIES AND
REQUESTS FOR PRODUCTION OF DOCUMENTS BE COMPLETED AND SERVED
WITHIN THIRTY DAYS OF SERVICE OR A MOTION TO COMPEL WILL BE
FORTHCOMING UNLESS A REQUEST FOR EXTENSION IS TIMELY MADE.
DEFINITIONS
1. With respect to all questions, all information is to be divulged which is within
the knowledge, possession or control of the person to whom the Interrogatories are
addressed or his attorneys, investigators, agents, employees, guardian or next friend or
other representatives.
2. When an Interrogatory calls for an answer in more than one part, each part
should be separate in the answer so that the answer is clearly understandable.
3. All answers must be made separately and fully stated under oath.
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4. You are under a continuing duty to reasonably supplement your answers
with respect to any questions directly addressed to the identity and location of persons
having the knowledge of discoverable matters, the identity and location of persons
expected to be called as expert witnesses at trial, and the subject matter on which they
are expected to testify and to correct any response which you know or later learn is not
correct.
5. Space for your answers has been provided beneath each Interrogatory;
should there not be sufficient space to complete your answer, you may complete it in
sequence on a separate appendix attached to the answers and identified appropriately.
INTERROGATORIES
1. Please state the name and address of the individual answering these
Interrogatories.
ANSWER:
2. Please provide the following information regarding Plaintiff’s decedent
a. Full name;
b. Current address and telephone number;
c. Social security number;
d. Date of birth; and
e. Gender.
ANSWER:
3. Did Plaintiff’s decedent have any type of healthcare insurance? If yes,
please provide the following information:
a. The name of the insurer;
b. The policy number;
c. The effective dates of coverage;
d. The name of the covered beneficiary; and
e. The name or identity of the provider.
ANSWER:
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4. Did Plaintiff’s decedent ever have healthcare coverage through Medicaid?
If yes, please provide the following information:
a. The effective coverage dates;
b. The Medicaid number;
c. The name or identity of the covered beneficiary; and
d. The reason Medicaid coverage was provided.
ANSWER:
5. Are there any current or potential Medicaid liens relating to this action? If
yes, please provide the following information:
a. The lien amount;
b. The date Medicaid was notified of a potential lien;
c. The identity of any individual, and/or firm or corporation, including
Medicaid, handling any potential Medicaid lien; and
d. Please attach a copy of all correspondence or documentation
relating to the lien.
ANSWER:
6. Did Plaintiff’s decedent ever have healthcare coverage through Medicare?
If yes, please provide the following information:
a. The Medicare number;
b. The name of the Medicare beneficiary;
c. The effective dates of coverage;
d. The end date, if applicable; and,
e. The reason Plaintiff is entitled to or qualified for Medicare.
ANSWER:
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7. Are there any current or potential Medicare liens relating to this incident? If
yes, please provide the following information:
a. The amount of the potential Medicare lien;
b. The date Medicare was notified of a potential lien;
c. The identity of the individual and/or corporation handling any
potential Medicare lien; and,
d. Please attach a copy of all correspondence or documentation
relating to the lien.
ANSWER:
8. Are there any current or potential liens having been exercised by any
healthcare insurance policy? If yes, please provide the following
information:
a. The lien amount;
b. The date the insurance company was notified and exercised their
potential lien;
c. The identity of any individual and/or law firm or corporation including
the insurance company’s in-house counsel, handling any potential
insurance lien; and
d. Please attach a copy of all correspondence or documentation
relating to the lien.
ANSWER:
9. Please set forth the name and address of the treating physician of Mary
Kay.
ANSWER:
10. Please set forth the names of all physicians who treated Plaintiff’s decedent
from age 18 to her death.
ANSWER:
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11. What is the total amount of medical bills that will be claimed in the trial of
this matterand which are intended to be introduced into evidence?
ANSWER:
12. Please set forth a Bates-Robinson analysis of any and all medical bills.
ANSWER:
13. Please set forth in detail all economic damages which you claim and intend
to prove at the trial of this matter. Please include copies of tax returns,
economic analysis by economists and/or projected economic loss by the
appropriate expert relative to Plaintiff’s decedent.
ANSWER:
14. Please set forth any and all beneficiaries that by statute have any rights of
recovery under the Ohio wrongful death statute.
ANSWER:
15. Please set forth in detail any and all pre-existing co-morbidities that, apart
from the alleged injuries in this lawsuit, impact life expectancy.
ANSWER:
16. Please be set forth the educational background and work history of Mary
Kay.
ANSWER:
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17. Please state the name, address and attach the Curriculum Vitae of all expert
witnesses you intend to have testify at the trial on the merits of the above
captioned case relative to the issues of negligence, proximate cause and
damages.
ANSWER:
18. Please attach written reports, if they exist, from each and every expert
witness named in Interrogatory No. 15 or, in the event written reports do not
exist, set forth a summary of each and every opinion which the particular
expert intends to render at the trial on the merits.
ANSWER:
19. Please list and produce each and every document which you intend to
introduce at the trial on the merits of the above-captioned case which will
formulate the basis of the opinions expressed by your medical experts in
accordance with Evidentiary Rules 702 and 703.
ANSWER:
20. Please list the names, addresses and provide a short summary of the
testimony of all lay witnesses you intend to have testify in the aboveÂ
captioned case.
ANSWER:
21. Please specify precisely and in detail every act or failure to act that
you contend represents departures from the standard of care by Defendant,
Emergency Professionals of Ohio, Inc., relative to its care and treatment of
Plaintiff’s decedent.
ANSWER:
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22. Please set forth the name, date of birth and social security numbers of any
and all dependent children for whom Plaintiff’s decedent had financial
responsibility.
ANSWER:
23. Please set forth the name(s), date(s) of birth and social security numbers of
any brother(s) or sister(s) of Plaintiff’s decedent.
ANSWER:
24. Please set forth whether Plaintiff’s decedent contributed financially to any
other individuals.
ANSWER:
25. Set forth the name and the extent of the financial contribution.
ANSWER:
26. Please produce tax returns for the last five years reflecting the income
generated by Plaintiff’s decedent and a description of his employment, job
duties and responsibilities.
ANSWER:
27. Was a post-mortem exam conducted on Plaintiff’s decedent, and if so, is
there a written autopsy protocol available? (See Requests for Production
of Documents.)
ANSWER:
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28. Please list any and all medications taken by Plaintiff’s decedent prior to her
death for any chronic medical conditions and the name of the physician who
prescribed said medications.
ANSWER:
REQUEST FOR PRODUCTION OF DOCUMENTS
1 Please attach a copy of all medical records reflecting the care and treatment
of Plaintiff’s decedent by all Defendants which forms the basis of the
opinions of your expert witnesses relative to standard of care, proximate
cause and damages.
RESPONSE:
2. Please attach a complete copy of all medical records reflecting the care and
treatment of all subsequent treating physicians including co-Defendants
who treated Plaintiff prior to her death.
RESPONSE:
3. Please provide a complete copy of medical records of all treating physicians
of Mary Kay so identified in Interrogatory No. 10.
RESPONSE:
4. Please attach a copy of all medical bills that will be claimed and attempted
to be entered into evidence at the trial on the merits allegedly resulting from
the negligence of Defendant.
RESPONSE:
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5. Please attach a copy of the economic report authored by an expert
economist allegedly reflecting the loss of economic damages resulting from
the death or injury of Plaintiff or Plaintiff’s decedent.
RESPONSE:
6. Please attach a copy of an autopsy protocol if one exists relative to the Mary
Kay
RESPONSE:
7. Please attach copies of all medical literature including medical journal
articles, chapters and abstracts which you intend to use at trial on the merits
either in the direct testimony of expert witnesses in accordance with
Evidentiary Rules 702(c) and 803(18) or in the cross-examination of
Defendant or Defendant’s expert witnesses.
RESPONSE:
Respectfully submitted,
/s/ MicdaeC T. Lyon
Michael F. Lyon, Esq. (0006749)
Paul J. Vollman, Esq. (0065680)
Cullen P. Rooney, Esq. (0098158)
Zachary R. Rigg, Esq. (0102040)
LINDHORST & DREIDAME CO., L.P.A.
312 Walnut Street, Suite 3100
Cincinnati, OH 45202
(513) 421-6630 Phone
(513) 421-0212 Fax
mlvon@lindhorstlaw.com
pvollman@lindhorstlaw.com
croonev@lindhorstlaw.com
zriqq@lindhorstlaw.com
Attorneys for Defendant, Emergency Professionals
of Ohio, Inc.
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CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been served upon the following by
electronic and/or regular U.S. Mail on this 18th day of January, 2024:
Stuart E. Scott, Esq. Susan Blasik-Miller, Esq.
Dustin B. Herman, Esq. Michael D. Rice, Esq.
Spangenberg Shibley & Liber, LLP Reminger Co., LPA
1001 Lakeside Avenue, Suite 1700 Fifth Third Center
Cleveland, OH 44114 1 South Main Street, Suite 1800
sscott@spanqlaw.com Dayton, OH 45402-2017
dherman@spanqlaw.com sbmiller@reminqer.com
Attorney for Plaintiff sbockelman@reminqer.com
Attorneys for Defendant, Emergency Professional
Services, Inc.
Matthew W. Nakon, Esq.
Malorie A. Alverson, Esq.
Michael R. Nakon, Esq.
Wickens Herzer Panza
35765 Chester Road
Avon, OH 44011-1262
mnakon@wickenslaw.com
malverson@wickenslaw.com
mrnakon@wickenslaw.com
Attorneys for Defendants Team Health
Holdings, Inc. and Team Finance, LLC
/s/ MicftaeCF. Lyon
Michael F. Lyon
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Preview
NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas ANSWER OF... January 18, 2024 17:48 By: MICHAEL F. LYON 0006749 Confirmation Nbr. 3065187 RAYMOND KAY, ADM. OF ESTATE OF MARY KAY, CV 23 990355 DECD. vs. Judge: NANCY A. FUERST EMERGENCY PROFESSIONALS OF OHIO, INC., ET AL. Pages Filed: 15 Electronically Filed 01/18/2024 17:48 / ANSWERS / CV 23 990355 / Confirmation Nbr. 3065187 / BATCH COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO RAYMOND KAY, ADMINISTRATOR Case No.: CV 23 990355 OF THE ESTATE OF MARY KAY, DECEASED Judge Nancy A. Fuerst Plaintiff ANSWER AND JURY DEMAND vs. WITH INTERROGATORIES AND REQUESTS FOR PRODUCTION OF EMERGENCY PROFESSIONALS DOCUMENTS ATTACHED OF OF OHIO, INC., etal. DEFENDANT, EMERGENCY Defendant PROFESSIONALS OF OHIO, INC. Now comes Defendant, Emergency Professionals of Ohio, Inc., by and through counsel and for its Answer to Plaintiff’s Complaint, states: FIRST DEFENSE 1. Plaintiff’s Complaint fails to state a claim for which relief can be granted. SECOND DEFENSE 2. The First Defense is incorporated herein by reference as if fully rewritten. 3. Defendant denies for want of knowledge Paragraph 1 of Plaintiff’s Complaint. 4. Defendant admits Paragraphs 2, 3 and 4 of Plaintiff’s Complaint. 5. Defendant denies for want of knowledge Paragraphs 5, 6 and 7 of Plaintiff’s Complaint. 6. Defendant admits Paragraph 8 of Plaintiff’s Complaint. 7. Defendant deny for want of knowledge Paragraph 9 of Plaintiff’s Complaint. 8. Defendant admit Paragraph 10 of Plaintiff’s Complaint. 9. Defendant denies Paragraph 11 of Plaintiff’s Complaint. 10. Defendant admits Paragraph 12 of Plaintiff’s Complaint. 11. Defendant denies Paragraph 13 of Plaintiff’s Complaint. 12. Defendant admits Paragraph 14 of Plaintiff’s Complaint. 13. Defendant denies Paragraph 15 of Plaintiff’s Complaint. 14. Defendant denies for want of knowledge Paragraphs 16 through 22, inclusive of Plaintiff’s Complaint. 15. Defendant admits Paragraph 23 of Plaintiff’s Complaint. 16. Defendant admits and/or denies in accordance with the previous pleading Paragraph 24 of the First Cause of Action of Plaintiff’s Complaint. Electronically Filed 01/18/2024 17:48 / ANSWERS / CV 23 990355 / Confirmation Nbr. 3065187 / BATCH 17. Defendant denies for want of knowledge Paragraphs 25 through 31, inclusive, of the First Cause of Action of Plaintiff’s Complaint. 18. Defendant denies Paragraphs 32, 33, 34 and 35 of the First Cause of Action of Plaintiff’s Complaint. THIRD DEFENSE 19. The preceding defenses are incorporated herein by reference as if fully rewritten. 20. The alleged injuries and death to Plaintiff’s decedent are not the result of any acts or omissions or failure to act on the part of these answering Defendant, but rather are the result of an event which occurred naturally and over which these answering Defendant had no control FOURTH DEFENSE 21. The preceding defenses are incorporated herein by reference as if fully rewritten. 22. Defendant states that the act or failure to act on the part of persons other than these answering Defendant, who were neither under the control nor an employee of said Defendant and for whose acts or omissions said Defendant had no legal responsibility, intervened and superseded between any and all acts or failure to act on the part of these answering Defendant (which are specifically denied), and directly and proximately caused the occurrence which is the subject matter of this lawsuit for which these answering Defendant are not liable. FIFTH DEFENSE 23. The preceding defenses are incorporated herein by reference as if fully rewritten. 24. The injuries and damages alleged in Plaintiff’s Complaint, which allegations are denied, are the result of a pre-existing condition and/or pathology, or surgical procedures, and accordingly, any acts or omissions of these answering Defendant (which are expressly denied) cannot be deemed the proximate cause of the alleged injuries and/or damages to Plaintiff. SIXTH DEFENSE 25. The preceding defenses are incorporated herein by reference as if fully rewritten. Electronically Filed 01/18/2024 17:48 / ANSWERS / CV 23 990355 / Confirmation Nbr. 3065187 / BATCH 2 26. Plaintiff’s decedent’s underlying pathology was such that optimal medical and/or surgical intervention at any time in the clinical course would not have prevented the pathological condition which caused Plaintiff’s decedent’s death. SEVENTH DEFENSE 27. The preceding defenses are incorporated herein by reference as if fully rewritten. 28. Plaintiff’s decedent was herself negligent in a percentage more than fifty percent as compared to the alleged negligence of the Defendant, thereby preventing Plaintiff from recovery. EIGHTH DEFENSE 29. The preceding defenses are incorporated herein by reference as if fully rewritten. 30. Defendant request that the negligence of any and all parties be apportioned by the fact finder in the appropriate percentages for each. NINTH DEFENSE 31. The preceding defenses are incorporated herein by reference as if fully rewritten. 32. Defendant are entitled to a set-off from any adverse verdict to judgment entered of any amount paid to Plaintiff by any other person or entity pursuant to O.R.C. §2307.28. The Defendant are also entitled to an apportionment of liability to non-parties to this action pursuant to O.R.C. §2307.23(A)(2) and §2307.23(C). Pursuant to §2307.23(A)-(C), the Defendant are also entitled to an apportionment of liability to include any person or entity that is a party, has ever been named as a party to this action or to a subsequently filed action, regardless of whether the party remains a party at trial, is voluntarily dismissed, dismissed by the Court for any reason, or has settled. TENTH DEFENSE 33. The preceding defenses are incorporated herein by reference as if fully rewritten. 34. Plaintiff’s claims are barred by the statute of limitations. ELEVENTH DEFENSE 35. The preceding defenses are incorporated herein by reference as if fully rewritten. 36. Plaintiffs failed to mitigate their damages. Electronically Filed 01/18/2024 17:48 / ANSWERS / CV 23 990355 / Confirmation Nbr. 3065187 / BATCH 3 TWELFTH DEFENSE 37. The preceding defenses are incorporated herein by reference as if fully rewritten. 38. There has been a failure and/or insufficiency of service and/or process. THIRTEENTH DEFENSE 39. The preceding defenses are incorporated herein by reference as if fully rewritten. 40. This Court lacks jurisdiction over the subject matter of this dispute and/or these answering Defendant. WHEREFORE, having fully answered, said Defendant, Emergency Professionals of Ohio, Inc., demands that the Complaint be dismissed as to it and that it may go hence without delay Respectfully submitted, /s/ MicfaeC T, Lyon Michael F. Lyon, Esq. (0006749) Paul J. Vollman, Esq. (0065680) Cullen P. Rooney, Esq. (0098158) Zachary R. Rigg, Esq. (0102040) LINDHORST & DREIDAME CO., L.P.A. 312 Walnut Street, Suite 3100 Cincinnati, OH 45202 (513) 421-6630 Phone (513) 421-0212 Fax mlyon@lindhorstlaw.com pvollman@lindhorstlaw.com crooney@lindhorstlaw.com zrigq@lindhorstlaw.com Attorneys for Defendant, Emergency Professionals of Ohio, Inc. JURY DEMAND Defendant, Emergency Professionals of Ohio, Inc., hereby demands a trial by jury on all issues herein. /s/ MicfiaeC T. Lyon Michael F. Lyon Electronically Filed 01/18/2024 17:48 / ANSWERS / CV 23 990355 / Confirmation Nbr. 3065187 / BATCH 4 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been served upon the following by electronic and/or regular U.S. Mail on this 18th day of January, 2024: Stuart E. Scott, Esq. Susan Blasik-Miller, Esq. Dustin B. Herman, Esq. Michael D. Rice, Esq. Spangenberg Shibley & Liber, LLP Reminger Co., LPA 1001 Lakeside Avenue, Suite 1700 Fifth Third Center Cleveland, OH 44114 1 South Main Street, Suite 1800 sscott@spanqlaw.com Dayton, OH 45402-2017 dherman@spanqlaw.com sbmiller@reminqer.com Attorney for Plaintiff sbockelman@reminqer.com Attorneys for Defendant, Emergency Professional Services, Inc. Matthew W. Nakon, Esq. Malorie A. Alverson, Esq. Michael R. Nakon, Esq. Wickens Herzer Panza 35765 Chester Road Avon, OH 44011-1262 mnakon@wickenslaw.com malverson@wickenslaw.com mrnakon@wickenslaw.com Attorneys for Defendants Team Health Holdings, Inc. and Team Finance, LLC /s/ MichaetF. Lyon Michael F. Lyon Electronically Filed 01/18/2024 17:48 / ANSWERS / CV 23 990355 / Confirmation Nbr. 3065187 / BATCH 5 COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO RAYMOND KAY, ADMINISTRATOR Case No.: CV 23 990355 OF THE ESTATE OF MARY KAY, DECEASED Judge Nancy A. Fuerst Plaintiff INTERROGATORIES AND REQUESTS vs. FOR PRODUCTION OF DOCUMENTS OF DEFENDANT, EMERGENCY EMERGENCY PROFESSIONALS PROFESSIONALS OF OHIO, INC., OF OHIO, INC., etal. PROPOUNDED TO PLAINTIFF Defendant Now comes Defendant, Emergency Professionals of Ohio, Inc., by and through counsel and address the following Interrogatories to the Plaintiff, pursuant to Rules 33 and 34 of the Ohio Rules of Civil Procedure, to be answered within twenty-eight (28) days of the date appearing on the Certificate of Service attached to these Interrogatories. INSTRUCTIONS IN ORDER FOR DEFENSE COUNSEL TO EVALUATE THE ISSUES OF DAMAGES AND LIABILITY, IT IS IMPERATIVE THAT THE INFORMATION REQUESTED IN THE FOLLOWING INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS BE ANSWERED IN A TIMELY MANNER SO THAT DEFENSE COUNSEL CAN CONDUCT A TIMELY, COMPREHENSIVE AND ACCURATE ANALYSIS OF THE DAMAGE AND LIABILITY ISSUES. ACCORDINGLY, COUNSEL WILL INSIST THAT ANSWERS TO THESE INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS BE COMPLETED AND SERVED WITHIN THIRTY DAYS OF SERVICE OR A MOTION TO COMPEL WILL BE FORTHCOMING UNLESS A REQUEST FOR EXTENSION IS TIMELY MADE. DEFINITIONS 1. With respect to all questions, all information is to be divulged which is within the knowledge, possession or control of the person to whom the Interrogatories are addressed or his attorneys, investigators, agents, employees, guardian or next friend or other representatives. 2. When an Interrogatory calls for an answer in more than one part, each part should be separate in the answer so that the answer is clearly understandable. 3. All answers must be made separately and fully stated under oath. Electronically Filed 01/18/2024 17:48 / ANSWERS / CV 23 990355 / Confirmation Nbr. 3065187 / BATCH 4. You are under a continuing duty to reasonably supplement your answers with respect to any questions directly addressed to the identity and location of persons having the knowledge of discoverable matters, the identity and location of persons expected to be called as expert witnesses at trial, and the subject matter on which they are expected to testify and to correct any response which you know or later learn is not correct. 5. Space for your answers has been provided beneath each Interrogatory; should there not be sufficient space to complete your answer, you may complete it in sequence on a separate appendix attached to the answers and identified appropriately. INTERROGATORIES 1. Please state the name and address of the individual answering these Interrogatories. ANSWER: 2. Please provide the following information regarding Plaintiff’s decedent a. Full name; b. Current address and telephone number; c. Social security number; d. Date of birth; and e. Gender. ANSWER: 3. Did Plaintiff’s decedent have any type of healthcare insurance? If yes, please provide the following information: a. The name of the insurer; b. The policy number; c. The effective dates of coverage; d. The name of the covered beneficiary; and e. The name or identity of the provider. ANSWER: Electronically Filed 01/18/2024 17:48 / ANSWERS / CV 23 990355 / Confirmation Nbr. 3065187 / BATCH 2 4. Did Plaintiff’s decedent ever have healthcare coverage through Medicaid? If yes, please provide the following information: a. The effective coverage dates; b. The Medicaid number; c. The name or identity of the covered beneficiary; and d. The reason Medicaid coverage was provided. ANSWER: 5. Are there any current or potential Medicaid liens relating to this action? If yes, please provide the following information: a. The lien amount; b. The date Medicaid was notified of a potential lien; c. The identity of any individual, and/or firm or corporation, including Medicaid, handling any potential Medicaid lien; and d. Please attach a copy of all correspondence or documentation relating to the lien. ANSWER: 6. Did Plaintiff’s decedent ever have healthcare coverage through Medicare? If yes, please provide the following information: a. The Medicare number; b. The name of the Medicare beneficiary; c. The effective dates of coverage; d. The end date, if applicable; and, e. The reason Plaintiff is entitled to or qualified for Medicare. ANSWER: Electronically Filed 01/18/2024 17:48 / ANSWERS / CV 23 990355 / Confirmation Nbr. 3065187 / BATCH 3 7. Are there any current or potential Medicare liens relating to this incident? If yes, please provide the following information: a. The amount of the potential Medicare lien; b. The date Medicare was notified of a potential lien; c. The identity of the individual and/or corporation handling any potential Medicare lien; and, d. Please attach a copy of all correspondence or documentation relating to the lien. ANSWER: 8. Are there any current or potential liens having been exercised by any healthcare insurance policy? If yes, please provide the following information: a. The lien amount; b. The date the insurance company was notified and exercised their potential lien; c. The identity of any individual and/or law firm or corporation including the insurance company’s in-house counsel, handling any potential insurance lien; and d. Please attach a copy of all correspondence or documentation relating to the lien. ANSWER: 9. Please set forth the name and address of the treating physician of Mary Kay. ANSWER: 10. Please set forth the names of all physicians who treated Plaintiff’s decedent from age 18 to her death. ANSWER: Electronically Filed 01/18/2024 17:48 / ANSWERS /CV 23 990355 / Confirmation Nbr. 3065187 / BATCH 4 11. What is the total amount of medical bills that will be claimed in the trial of this matterand which are intended to be introduced into evidence? ANSWER: 12. Please set forth a Bates-Robinson analysis of any and all medical bills. ANSWER: 13. Please set forth in detail all economic damages which you claim and intend to prove at the trial of this matter. Please include copies of tax returns, economic analysis by economists and/or projected economic loss by the appropriate expert relative to Plaintiff’s decedent. ANSWER: 14. Please set forth any and all beneficiaries that by statute have any rights of recovery under the Ohio wrongful death statute. ANSWER: 15. Please set forth in detail any and all pre-existing co-morbidities that, apart from the alleged injuries in this lawsuit, impact life expectancy. ANSWER: 16. Please be set forth the educational background and work history of Mary Kay. ANSWER: Electronically Filed 01/18/2024 17:48 / ANSWERS/ CV 23 990355 / Confirmation Nbr. 3065187 / BATCH 5 17. Please state the name, address and attach the Curriculum Vitae of all expert witnesses you intend to have testify at the trial on the merits of the above captioned case relative to the issues of negligence, proximate cause and damages. ANSWER: 18. Please attach written reports, if they exist, from each and every expert witness named in Interrogatory No. 15 or, in the event written reports do not exist, set forth a summary of each and every opinion which the particular expert intends to render at the trial on the merits. ANSWER: 19. Please list and produce each and every document which you intend to introduce at the trial on the merits of the above-captioned case which will formulate the basis of the opinions expressed by your medical experts in accordance with Evidentiary Rules 702 and 703. ANSWER: 20. Please list the names, addresses and provide a short summary of the testimony of all lay witnesses you intend to have testify in the above captioned case. ANSWER: 21. Please specify precisely and in detail every act or failure to act that you contend represents departures from the standard of care by Defendant, Emergency Professionals of Ohio, Inc., relative to its care and treatment of Plaintiff’s decedent. ANSWER: Electronically Filed 01/18/2024 17:48 / ANSWERS/ CV 23 990355 / Confirmation Nbr. 3065187 / BATCH 6 22. Please set forth the name, date of birth and social security numbers of any and all dependent children for whom Plaintiff’s decedent had financial responsibility. ANSWER: 23. Please set forth the name(s), date(s) of birth and social security numbers of any brother(s) or sister(s) of Plaintiff’s decedent. ANSWER: 24. Please set forth whether Plaintiff’s decedent contributed financially to any other individuals. ANSWER: 25. Set forth the name and the extent of the financial contribution. ANSWER: 26. Please produce tax returns for the last five years reflecting the income generated by Plaintiff’s decedent and a description of his employment, job duties and responsibilities. ANSWER: 27. Was a post-mortem exam conducted on Plaintiff’s decedent, and if so, is there a written autopsy protocol available? (See Requests for Production of Documents.) ANSWER: Electronically Filed01/18/2024 17:48 / ANSWERS / CV 23 990355 / Confirmation Nbr.3065187 / BATCH 7 28. Please list any and all medications taken by Plaintiff’s decedent prior to her death for any chronic medical conditions and the name of the physician who prescribed said medications. ANSWER: REQUEST FOR PRODUCTION OF DOCUMENTS 1 Please attach a copy of all medical records reflecting the care and treatment of Plaintiff’s decedent by all Defendants which forms the basis of the opinions of your expert witnesses relative to standard of care, proximate cause and damages. RESPONSE: 2. Please attach a complete copy of all medical records reflecting the care and treatment of all subsequent treating physicians including co-Defendants who treated Plaintiff prior to her death. RESPONSE: 3. Please provide a complete copy of medical records of all treating physicians of Mary Kay so identified in Interrogatory No. 10. RESPONSE: 4. Please attach a copy of all medical bills that will be claimed and attempted to be entered into evidence at the trial on the merits allegedly resulting from the negligence of Defendant. RESPONSE: Electronically Filed 01/18/2024 17:48 / ANSWERS / CV 23 990355 / Confirmation Nbr. 3065187 / BATCH 8 5. Please attach a copy of the economic report authored by an expert economist allegedly reflecting the loss of economic damages resulting from the death or injury of Plaintiff or Plaintiff’s decedent. RESPONSE: 6. Please attach a copy of an autopsy protocol if one exists relative to the Mary Kay RESPONSE: 7. Please attach copies of all medical literature including medical journal articles, chapters and abstracts which you intend to use at trial on the merits either in the direct testimony of expert witnesses in accordance with Evidentiary Rules 702(c) and 803(18) or in the cross-examination of Defendant or Defendant’s expert witnesses. RESPONSE: Respectfully submitted, /s/ MicdaeC T. Lyon Michael F. Lyon, Esq. (0006749) Paul J. Vollman, Esq. (0065680) Cullen P. Rooney, Esq. (0098158) Zachary R. Rigg, Esq. (0102040) LINDHORST & DREIDAME CO., L.P.A. 312 Walnut Street, Suite 3100 Cincinnati, OH 45202 (513) 421-6630 Phone (513) 421-0212 Fax mlvon@lindhorstlaw.com pvollman@lindhorstlaw.com croonev@lindhorstlaw.com zriqq@lindhorstlaw.com Attorneys for Defendant, Emergency Professionals of Ohio, Inc. Electronically Filed 01/18/2024 17:48 / ANSWERS / CV 23 990355 / Confirmation Nbr. 3065187 / BATCH 9 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been served upon the following by electronic and/or regular U.S. Mail on this 18th day of January, 2024: Stuart E. Scott, Esq. Susan Blasik-Miller, Esq. Dustin B. Herman, Esq. Michael D. Rice, Esq. Spangenberg Shibley & Liber, LLP Reminger Co., LPA 1001 Lakeside Avenue, Suite 1700 Fifth Third Center Cleveland, OH 44114 1 South Main Street, Suite 1800 sscott@spanqlaw.com Dayton, OH 45402-2017 dherman@spanqlaw.com sbmiller@reminqer.com Attorney for Plaintiff sbockelman@reminqer.com Attorneys for Defendant, Emergency Professional Services, Inc. Matthew W. Nakon, Esq. Malorie A. Alverson, Esq. Michael R. Nakon, Esq. Wickens Herzer Panza 35765 Chester Road Avon, OH 44011-1262 mnakon@wickenslaw.com malverson@wickenslaw.com mrnakon@wickenslaw.com Attorneys for Defendants Team Health Holdings, Inc. and Team Finance, LLC /s/ MicftaeCF. Lyon Michael F. Lyon Electronically Filed 01/18/2024 17:48 / ANSWERS / CV 23 990355 / Confirmation Nbr. 3065187 / BATCH 10