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CV-2024-03-1333 ROWLANDS, MARY MARGARET 03/25/2024 11:15:36 AM CMCO Page 1 of 6
IN THE COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO
NATASHA DURACHINSKY CASE NO.:
543 Treeside Drive
Stow, OH 44224 JUDGE:
-and-
COMPLAINT
JOSLYN DURACHINSKY
2365 Woodacre Drive Type: Negligence; Declaratory Judgment
Hudson, OH 44236
Plaintiffs,
vs.
PROGRESSIVE INSURANCE COMPANY
6300 Wilson Mills Road
Mayfield Village, OH 44143
-and-
JEREMY M. BARKER
2457 Call Road
Stow, OH 44224
-and-
JOHN DOE #1 (employer - whose actual name
is unknown and whose name and address the
Plaintiff could not discover)
C/O Employer’s Agent, Jeremy M. Barker,
2457 Call Road
Stow, OH 44224
Defendants.
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Tavia Galonski, Summit County Clerk of Courts
CV-2024-03-1333 ROWLANDS, MARY MARGARET 03/25/2024 11:15:36 AM CMCO Page 2 of 6
Now come the Plaintiffs, Natasha Durachinsky and Joslyn Durachinsky, and for their
Complaint, state as follows:
1. Upon information and belief, Defendant, Progressive Insurance Company
(“Progressive”), is an automobile insurance provider licensed to do business in the County of
Lucas, State of Ohio, and regularly conducts business in Summit County, Ohio.
2. Upon information and belief, Defendant, Jeremy M. Barker (“Barker”), did at all
times relevant hereto reside in Summit County, Ohio.
3. Defendant John Doe #1 (presently unidentified as the employer or principal of
Defendant Stanley Barker, will in no way be prejudiced in the maintenance of their defense on the
merits within the meaning of Rule 15(D) of the Ohio Rules of Civil Procedure because of their
constructive or actual notice of the institution of this case. Except for the inability of the Plaintiffs
to discover the name of this Defendant, this action would be brought against them in their proper,
true, and exact name capacity, and said information will be provided by the Plaintiffs when the
information becomes fully known to them.
COUNT I
4. Plaintiffs re-allege all paragraphs above as though fully rewritten herein.
5. On or about May 26, 2022, at approximately 1:35 p.m., Plaintiff, Natasha
Durachinsky, was operating a motor vehicle, with Plaintiff Joslyn Durachinsky seated in the front
passenger seat, traveling eastbound on Norton Road through the Darrow Road intersection, a
public thoroughfare located in Summit County, Ohio.
6. Defendant Barker at the date and time stated, was at the same time negligently
operating a motor vehicle traveling westbound on Norton Road toward the intersection of Darrow
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Tavia Galonski, Summit County Clerk of Courts
CV-2024-03-1333 ROWLANDS, MARY MARGARET 03/25/2024 11:15:36 AM CMCO Page 3 of 6
Road, individually and/or in the course and scope of his employment with John Doe #1 (whose
actual name is unknown and whose name and address the Plaintiff could not discover).
7. For the aforementioned incident, Defendant Barker, individually and/or in the
course and scope of his employment with John Doe #1 (whose actual name is unknown and whose
name and address the Plaintiffs could not discover), negligently operated his vehicle when he failed
to yield as Plaintiff’s car was passing through the intersection and instead attempted to make a left
turn, thereby colliding with Plaintiff’s vehicle in the intersection.
8. The negligence of Defendant Barker individually and/or in the course and scope of
his employment with John Doe #1 includes, but is not limited to, failing to maintain an assured
clear distance of the Plaintiff’s vehicle, failure to maintain control of his vehicle, failure to give
his full attention to the operation of a motor vehicle, and failure to keep a proper lookout.
9. As a direct and proximate result of the negligence of Defendant Barker’s
negligence, individually and/or in the course and scope of his employment with John Doe #1, the
Plaintiffs, Natasha Durachinsky and Joslyn Durachinsky, sustained serious physical and mental
injury, pain and suffering, emotional and psychological trauma, and incurred medical expenses.
Furthermore, the Plaintiffs will reasonably be expected to experience future pain and suffering,
incur future medical expenses, and have otherwise been damaged.
WHEREFORE, Plaintiffs, Natasha Durachinsky and Joslyn Durachinsky, demand
judgment against the Defendant Barker, individually and/or employer John Doe #1 for damages
in an amount to be determined at Trial but in excess of Twenty-Five Thousand Dollars
($25,000.00), including compensatory, contractual and other damages, plus all Court costs,
prejudgment and post judgment interest, attorneys’ fees and all other relief this Court deems to be
just and proper.
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Tavia Galonski, Summit County Clerk of Courts
CV-2024-03-1333 ROWLANDS, MARY MARGARET 03/25/2024 11:15:36 AM CMCO Page 4 of 6
COUNT II
10. Plaintiffs incorporate herein by reference and make a part hereof all previous
paragraphs of this Complaint as if completely rewritten herein.
11. At the same approximate date and place, Joslyn Durachinsky was a passenger in
Natasha Durachinsky’s vehicle.
12. At all times material hereto Defendant Barker owed a duty to the motoring public
and the Plaintiffs under §4511.21(A) of the Ohio Revised Code which requires motorists to operate
a motor vehicle at a speed with due regard to the traffic, surface, and width of the street or highway
and any other conditions permitting them to bring the motor vehicle to a stop within the assured
clear distance ahead.
13. At the aforementioned time and place, Defendant Barker individually, and/or in the
course and scope of his employment with John Doe #1, breached his statutory duty to the Plaintiffs
under §4511.21(A) of the Ohio Revised Code when he negligently operated his vehicle and
collided with the Plaintiffs’ vehicle. Said conduct of Defendant Barker caused the damages
sustained by the Plaintiffs, and constituted negligence per se under Ohio law.
WHEREFORE, Plaintiffs, Natasha Durachinsky and Joslyn Durachinsky, demand
judgment against Defendant Barker, individually, and/or employer John Doe #1 for damages in an
amount to be determined at Trial but in excess of Twenty-Five Thousand Dollars ($25,000.00),
including compensatory, contractual and other damages, plus all Court costs, prejudgment and
post judgment interest, attorneys’ fees and all other relief this Court deems to be just and proper.
COUNT III
14. Plaintiff re-alleges all paragraphs above as though fully rewritten herein.
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Tavia Galonski, Summit County Clerk of Courts
CV-2024-03-1333 ROWLANDS, MARY MARGARET 03/25/2024 11:15:36 AM CMCO Page 5 of 6
15. Plaintiffs bring this action for uninsured/underinsured motorist coverage and
medical payment coverage, pursuant to Section 3937.18 et seq. of the Ohio Revised Code and for
Declaratory Judgment pursuant to Section 2721.01 et seq. of the Ohio Revised Code and Rule 57
of the Ohio Rules of Civil Procedure.
16. At all times described herein, Defendant, Progressive provided insurance coverage
to the vehicle in which the Plaintiffs were traveling and upon information and belief said insurance
policy provides uninsured/underinsured motorist coverage and/or medical payment coverage for
damages to the Plaintiffs described hereinabove to the extent that co-defendants are
uninsured/underinsured, by operation of Section 3937.18 et seq. of the Ohio Revised Code. A copy
of the policy is unavailable and/or voluminous; however, the policy is readily available to
Defendant, Safe Auto Insurance.
WHEREFORE, Plaintiffs, Natasha Durachinsky and Joslyn Durachinsky, demand
judgment against Defendant Progressive pursuant to Section 2721.01 et seq. of the Ohio Revised
Code and Rule 57 of the Ohio Rules of Civil Procedure declaring that the insurance policies issued
by Defendant, Progressive, provides uninsured/underinsured motorist coverage for Plaintiffs’
damages and medical payment coverage, as set forth hereinabove, for judgment on Plaintiffs’
uninsured/underinsured motorist claim and medical payment claim asserted herein against
Defendant, Progressive, in the amount of the limits of the uninsured/underinsured motorist
coverage and medical payment provided by said policies plus all Court costs, prejudgment and
post judgment interest, attorneys’ fees and all other relief this Court deems to be just and proper.
COUNT IV
17. Plaintiffs re-allege all paragraphs above as though fully rewritten herein.
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Tavia Galonski, Summit County Clerk of Courts
CV-2024-03-1333 ROWLANDS, MARY MARGARET 03/25/2024 11:15:36 AM CMCO Page 6 of 6
18. Defendant Progressive may have paid some medical bills and/or compensation on
behalf of the Plaintiffs and to the extent that it has a subrogation or reimbursement claim it should
assert its claim or be forever barred.
19. Plaintiffs dispute the validity and amount of any subrogation/reimbursement
interest, if any, in the outcome of this action which may be claimed by Progressive, including, but
not limited to, in accordance with R.C. 2323.44.
WHEREFORE, Plaintiffs, Natasha Durachinsky and Joslyn Durachinsky, demand
judgment against Defendant Progressive and in favor of the Plaintiffs, declaring that Progressive
is not entitled to be subrogated to the Plaintiffs or reimbursed by the Plaintiffs for any benefits
paid on behalf of the Plaintiffs, or not entitled to the amount it claims as satisfaction of any such
rights.
Respectfully submitted,
/s/ Christian Bernard Ferrante
Christian Bernard Ferrante # 0103074
3412 West Market Street
Akron, Ohio 44333
Ph: 330-869-9007/Fax: 330-869-9008
Email: CFerrante@knrlegal.com
Attorney for Plaintiff
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Tavia Galonski, Summit County Clerk of Courts
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CV-2024-03-1333 ROWLANDS, MARY MARGARET 03/25/2024 11:15:36 AM CMCO Page 1 of 6 IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO NATASHA DURACHINSKY CASE NO.: 543 Treeside Drive Stow, OH 44224 JUDGE: -and- COMPLAINT JOSLYN DURACHINSKY 2365 Woodacre Drive Type: Negligence; Declaratory Judgment Hudson, OH 44236 Plaintiffs, vs. PROGRESSIVE INSURANCE COMPANY 6300 Wilson Mills Road Mayfield Village, OH 44143 -and- JEREMY M. BARKER 2457 Call Road Stow, OH 44224 -and- JOHN DOE #1 (employer - whose actual name is unknown and whose name and address the Plaintiff could not discover) C/O Employer’s Agent, Jeremy M. Barker, 2457 Call Road Stow, OH 44224 Defendants. -1- Tavia Galonski, Summit County Clerk of Courts CV-2024-03-1333 ROWLANDS, MARY MARGARET 03/25/2024 11:15:36 AM CMCO Page 2 of 6 Now come the Plaintiffs, Natasha Durachinsky and Joslyn Durachinsky, and for their Complaint, state as follows: 1. Upon information and belief, Defendant, Progressive Insurance Company (“Progressive”), is an automobile insurance provider licensed to do business in the County of Lucas, State of Ohio, and regularly conducts business in Summit County, Ohio. 2. Upon information and belief, Defendant, Jeremy M. Barker (“Barker”), did at all times relevant hereto reside in Summit County, Ohio. 3. Defendant John Doe #1 (presently unidentified as the employer or principal of Defendant Stanley Barker, will in no way be prejudiced in the maintenance of their defense on the merits within the meaning of Rule 15(D) of the Ohio Rules of Civil Procedure because of their constructive or actual notice of the institution of this case. Except for the inability of the Plaintiffs to discover the name of this Defendant, this action would be brought against them in their proper, true, and exact name capacity, and said information will be provided by the Plaintiffs when the information becomes fully known to them. COUNT I 4. Plaintiffs re-allege all paragraphs above as though fully rewritten herein. 5. On or about May 26, 2022, at approximately 1:35 p.m., Plaintiff, Natasha Durachinsky, was operating a motor vehicle, with Plaintiff Joslyn Durachinsky seated in the front passenger seat, traveling eastbound on Norton Road through the Darrow Road intersection, a public thoroughfare located in Summit County, Ohio. 6. Defendant Barker at the date and time stated, was at the same time negligently operating a motor vehicle traveling westbound on Norton Road toward the intersection of Darrow -2- Tavia Galonski, Summit County Clerk of Courts CV-2024-03-1333 ROWLANDS, MARY MARGARET 03/25/2024 11:15:36 AM CMCO Page 3 of 6 Road, individually and/or in the course and scope of his employment with John Doe #1 (whose actual name is unknown and whose name and address the Plaintiff could not discover). 7. For the aforementioned incident, Defendant Barker, individually and/or in the course and scope of his employment with John Doe #1 (whose actual name is unknown and whose name and address the Plaintiffs could not discover), negligently operated his vehicle when he failed to yield as Plaintiff’s car was passing through the intersection and instead attempted to make a left turn, thereby colliding with Plaintiff’s vehicle in the intersection. 8. The negligence of Defendant Barker individually and/or in the course and scope of his employment with John Doe #1 includes, but is not limited to, failing to maintain an assured clear distance of the Plaintiff’s vehicle, failure to maintain control of his vehicle, failure to give his full attention to the operation of a motor vehicle, and failure to keep a proper lookout. 9. As a direct and proximate result of the negligence of Defendant Barker’s negligence, individually and/or in the course and scope of his employment with John Doe #1, the Plaintiffs, Natasha Durachinsky and Joslyn Durachinsky, sustained serious physical and mental injury, pain and suffering, emotional and psychological trauma, and incurred medical expenses. Furthermore, the Plaintiffs will reasonably be expected to experience future pain and suffering, incur future medical expenses, and have otherwise been damaged. WHEREFORE, Plaintiffs, Natasha Durachinsky and Joslyn Durachinsky, demand judgment against the Defendant Barker, individually and/or employer John Doe #1 for damages in an amount to be determined at Trial but in excess of Twenty-Five Thousand Dollars ($25,000.00), including compensatory, contractual and other damages, plus all Court costs, prejudgment and post judgment interest, attorneys’ fees and all other relief this Court deems to be just and proper. -3- Tavia Galonski, Summit County Clerk of Courts CV-2024-03-1333 ROWLANDS, MARY MARGARET 03/25/2024 11:15:36 AM CMCO Page 4 of 6 COUNT II 10. Plaintiffs incorporate herein by reference and make a part hereof all previous paragraphs of this Complaint as if completely rewritten herein. 11. At the same approximate date and place, Joslyn Durachinsky was a passenger in Natasha Durachinsky’s vehicle. 12. At all times material hereto Defendant Barker owed a duty to the motoring public and the Plaintiffs under §4511.21(A) of the Ohio Revised Code which requires motorists to operate a motor vehicle at a speed with due regard to the traffic, surface, and width of the street or highway and any other conditions permitting them to bring the motor vehicle to a stop within the assured clear distance ahead. 13. At the aforementioned time and place, Defendant Barker individually, and/or in the course and scope of his employment with John Doe #1, breached his statutory duty to the Plaintiffs under §4511.21(A) of the Ohio Revised Code when he negligently operated his vehicle and collided with the Plaintiffs’ vehicle. Said conduct of Defendant Barker caused the damages sustained by the Plaintiffs, and constituted negligence per se under Ohio law. WHEREFORE, Plaintiffs, Natasha Durachinsky and Joslyn Durachinsky, demand judgment against Defendant Barker, individually, and/or employer John Doe #1 for damages in an amount to be determined at Trial but in excess of Twenty-Five Thousand Dollars ($25,000.00), including compensatory, contractual and other damages, plus all Court costs, prejudgment and post judgment interest, attorneys’ fees and all other relief this Court deems to be just and proper. COUNT III 14. Plaintiff re-alleges all paragraphs above as though fully rewritten herein. -4- Tavia Galonski, Summit County Clerk of Courts CV-2024-03-1333 ROWLANDS, MARY MARGARET 03/25/2024 11:15:36 AM CMCO Page 5 of 6 15. Plaintiffs bring this action for uninsured/underinsured motorist coverage and medical payment coverage, pursuant to Section 3937.18 et seq. of the Ohio Revised Code and for Declaratory Judgment pursuant to Section 2721.01 et seq. of the Ohio Revised Code and Rule 57 of the Ohio Rules of Civil Procedure. 16. At all times described herein, Defendant, Progressive provided insurance coverage to the vehicle in which the Plaintiffs were traveling and upon information and belief said insurance policy provides uninsured/underinsured motorist coverage and/or medical payment coverage for damages to the Plaintiffs described hereinabove to the extent that co-defendants are uninsured/underinsured, by operation of Section 3937.18 et seq. of the Ohio Revised Code. A copy of the policy is unavailable and/or voluminous; however, the policy is readily available to Defendant, Safe Auto Insurance. WHEREFORE, Plaintiffs, Natasha Durachinsky and Joslyn Durachinsky, demand judgment against Defendant Progressive pursuant to Section 2721.01 et seq. of the Ohio Revised Code and Rule 57 of the Ohio Rules of Civil Procedure declaring that the insurance policies issued by Defendant, Progressive, provides uninsured/underinsured motorist coverage for Plaintiffs’ damages and medical payment coverage, as set forth hereinabove, for judgment on Plaintiffs’ uninsured/underinsured motorist claim and medical payment claim asserted herein against Defendant, Progressive, in the amount of the limits of the uninsured/underinsured motorist coverage and medical payment provided by said policies plus all Court costs, prejudgment and post judgment interest, attorneys’ fees and all other relief this Court deems to be just and proper. COUNT IV 17. Plaintiffs re-allege all paragraphs above as though fully rewritten herein. -5- Tavia Galonski, Summit County Clerk of Courts CV-2024-03-1333 ROWLANDS, MARY MARGARET 03/25/2024 11:15:36 AM CMCO Page 6 of 6 18. Defendant Progressive may have paid some medical bills and/or compensation on behalf of the Plaintiffs and to the extent that it has a subrogation or reimbursement claim it should assert its claim or be forever barred. 19. Plaintiffs dispute the validity and amount of any subrogation/reimbursement interest, if any, in the outcome of this action which may be claimed by Progressive, including, but not limited to, in accordance with R.C. 2323.44. WHEREFORE, Plaintiffs, Natasha Durachinsky and Joslyn Durachinsky, demand judgment against Defendant Progressive and in favor of the Plaintiffs, declaring that Progressive is not entitled to be subrogated to the Plaintiffs or reimbursed by the Plaintiffs for any benefits paid on behalf of the Plaintiffs, or not entitled to the amount it claims as satisfaction of any such rights. Respectfully submitted, /s/ Christian Bernard Ferrante Christian Bernard Ferrante # 0103074 3412 West Market Street Akron, Ohio 44333 Ph: 330-869-9007/Fax: 330-869-9008 Email: CFerrante@knrlegal.com Attorney for Plaintiff -6- Tavia Galonski, Summit County Clerk of Courts