Preview
CV-2024-05-1890 MCLAUGHLIN, KELLY 05/03/2024 11:34:18 AM CMCO Page 1 of 8
IN THE COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO
NATHAN CHARLES HARRIS CASE NO.:
2797 Vanderhoof Road
Barberton, OH 44203 JUDGE:
Plaintiff,
COMPLAINT
vs.
Type: Negligence; Declaratory Judgment
TODD ALLEN YOCUM
1515 Swigart Road Jury Demand Endorsed Hereon
New Franklin, OH 44203
-and-
CIGNA HEALTHCARE
c/o CT Corporation System (Agent)
4400 Easton Commons Way
Suite 125
Columbus, OH 43219
-and-
JOHN DOE(S) 1-5
Any entities that provided any insurance
coverage to the Plaintiff for any damages that
were caused by the subject incident
-and-
JOHN DOE(S) 6-11
(Other fiduciaries of the health benefit plan that
claim to have a contractual right of subrogation
and/or reimbursement for medical benefits paid
on Nathan Charles Harris’ behalf following the
incident that is the subject of this Complaint)
Defendant.
-1-
Tavia Galonski, Summit County Clerk of Courts
CV-2024-05-1890 MCLAUGHLIN, KELLY 05/03/2024 11:34:18 AM CMCO Page 2 of 8
Now comes the Plaintiff, Nathan Charles Harris, and for his Complaint, states as follows:
1. Upon information and belief, Defendant, Todd Allen Yocum (“Yocum”), did at all
times relevant hereto reside in Summit County, Ohio.
2. Upon information and belief, Defendant Cigna Healthcare (“Cigna”), is a health
insurance provider licensed to do business throughout the State of Ohio including Summit County,
Ohio, and regularly conducts business throughout the State of Ohio.
3. Upon information and belief, Defendant(s) John Doe Entities 1-5 (names and
addresses currently unknown) are any and all entities who provided insurance coverage for any of
the damages sustained by the Plaintiff as a result of the subject collision, whose names and
addresses could not be ascertained prior to the preparation and filing of this Complaint but shall
be ascertained through discovery.
4. Upon information and belief, Defendant(s) John Doe Entities 6-11 (names and
addresses currently unknown) are any and all entities who were fiduciaries of the health plan as a
plan sponsor and/or administrator of the health plan, whose names and addresses could not be
ascertained prior to the preparation and filing of this Complaint but shall be ascertained through
discovery.
COUNT I
5. Plaintiff re-alleges all paragraphs above as though fully rewritten herein.
6. On or about May 8, 2022, Plaintiff, Nathan Charles Harris, was operating a
motorcycle southbound on Manchester Road at or near the intersection 5490 Manchester Road, a
public thoroughfare located in New Franklin, Summit County, Ohio.
-2-
Tavia Galonski, Summit County Clerk of Courts
CV-2024-05-1890 MCLAUGHLIN, KELLY 05/03/2024 11:34:18 AM CMCO Page 3 of 8
7. Defendant Yocum on the date stated, was at the same time negligently operating a
vehicle northbound on Manchester Road at or near the intersection 5490 Manchester Road, a
public thoroughfare located in New Franklin, Summit County, Ohio.
8. At the aforementioned time and place, Defendant Yocum negligently operated his
vehicle when he negotiated a left turn failing to keep a proper lookout of traffic in the area and
yield right of way to Plaintiff lawfully traveling in the southbound lane, thereby turning in front of
Plaintiff and causing Plaintiff to strike the left side of Defendant’s vehicle, ejecting Plaintiff from
his motorcycle and causing significant damages.
9. The negligence of Defendant Yocum includes, but is not limited to, failure to yield
right of way when turning left into the driveway at 5490 Manchester Road, failure to give his full
attention to the operation of a motor vehicle, and failure to keep a proper lookout.
10. As a direct and proximate result of Defendant Yocum’s negligence, the Plaintiff,
Nathan Charles Harris, sustained serious physical and mental injury, pain and suffering, emotional
and psychological trauma, and incurred medical expenses. Furthermore, the Plaintiff will
reasonably be expected to experience future pain and suffering, incur future medical expenses, and
has otherwise been damaged.
WHEREFORE, Plaintiff, Nathan Charles Harris, demands judgment against the
Defendant Yocum 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 II
11. Plaintiff re-alleges all paragraphs above as though fully rewritten herein.
-3-
Tavia Galonski, Summit County Clerk of Courts
CV-2024-05-1890 MCLAUGHLIN, KELLY 05/03/2024 11:34:18 AM CMCO Page 4 of 8
12. At all times material hereto Defendant Yocum owed a duty to the motoring public
and the Plaintiff under § 4511.42 of the Ohio Revised Code which states:
(A) The operator of a vehicle, streetcar, or trackless trolley intending to turn to the
left within an intersection or into an alley, private road, or driveway shall yield the
right of way to any vehicle, streetcar, or trackless trolley approaching from the
opposite direction, whenever the approaching vehicle, streetcar, or trackless trolley
is within the intersection or so close to the intersection, alley, private road, or
driveway as to constitute an immediate hazard.
(B) Except as otherwise provided in this division, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender
previously has been convicted of or pleaded guilty to one predicate motor vehicle
or traffic offense, whoever violates this section is guilty of a misdemeanor of the
fourth degree. If, within one year of the offense, the offender previously has been
convicted of two or more predicate motor vehicle or traffic offenses, whoever
violates this section is guilty of a misdemeanor of the third degree.
13. At the aforementioned time and place, Defendant Yocum breached his statutory
duty to the Plaintiff under § 4511.42 of the Ohio Revised Code when he negligently operated his
vehicle by failing to yield right of way to Plaintiff’s vehicle when turning left, thereby causing the
collision and Plaintiff’s ejection from his motorcycle. Said conduct of Defendant Yocum caused
the damages sustained by the Plaintiff, and constituted negligence per se under Ohio law.
WHEREFORE, Plaintiff, Nathan Charles Harris, demands judgment against Defendant
Yocum 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.
15. Plaintiff, brings 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
-4-
Tavia Galonski, Summit County Clerk of Courts
CV-2024-05-1890 MCLAUGHLIN, KELLY 05/03/2024 11:34:18 AM CMCO Page 5 of 8
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, John Doe(s) 1-5 provided insurance
coverage to the vehicles in which the Plaintiff was traveling and upon information and belief said
insurance policy provides uninsured/underinsured motorist coverage and/or medical payment
coverage for damages to the Plaintiff 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, John Doe(s) 1-5.
WHEREFORE, Plaintiff, Nathan Charles Harris, demands judgment against Defendant
John Doe(s) 1-5 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, John
Doe(s) 1-5, provides uninsured/underinsured motorist coverage for Plaintiff’s damages and
medical payment coverage, as set forth hereinabove, for judgment on Plaintiff’s
uninsured/underinsured motorist claim and medical payment claim asserted herein against
Defendant, John Doe(s) 1-5, 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. Plaintiff re-alleges all paragraphs above as though fully rewritten herein.
18. Defendant John Doe(s) 1-5 may have paid some medical bills and/or compensation
on behalf of the Plaintiff and to the extent that it has a subrogation or reimbursement claim it
should assert its claim or be forever barred.
-5-
Tavia Galonski, Summit County Clerk of Courts
CV-2024-05-1890 MCLAUGHLIN, KELLY 05/03/2024 11:34:18 AM CMCO Page 6 of 8
19. Plaintiff disputes the validity and amount of any subrogation/reimbursement
interest, if any, in the outcome of this action which may be claimed by John Doe(s) 1-5, including,
but not limited to, in accordance with R.C. 2323.44.
WHEREFORE, Plaintiff, Nathan Charles Harris, demands judgment against Defendant
John Doe(s) 1-5, and in favor of the Plaintiff, declaring that John Doe(s) 1-5 is not entitled to be
subrogated to the Plaintiff or reimbursed by the Plaintiff for any benefits paid on behalf of the
Plaintiff, or not entitled to the amount it claims as satisfaction of any such rights.
COUNT V
20. Plaintiff re-alleges all paragraphs above as though fully rewritten herein.
21. This claim is brought by Plaintiff Nathan Charles Harris, only, against Defendant(s)
Cigna and/or John Doe(s) 6-11 pursuant to R.C. 2721.02 & R.C. 2721.03, or, in the alternative, 29
U.S.C. § 1132(a)(1)(B) of the Employee Retirement Income Security Act of 1974 (“ERISA”) in
the event the subject health plan is subject to ERISA which is codified by 29 U.S.C. § 1001 et seq.
22. Plaintiff seeks a judgment declaring what contractual rights of reimbursement and
as a contractual subrogee to Nathan Charles Harris’s third-party claims of recovery, if any,
Defendant(s) Cigna and/or John Doe(s) 6-11 have for any medical benefits paid on his behalf, and
the extent of any such rights.
23. At all relevant times herein, Plaintiff Nathan Charles Harris was a dependent of a
covered employee that sponsored a group employee health plan. Nathan Charles Harris’ parent
was offered, and opted into the employer’s health plan (“the Plan”). Nathan Charles Harris’ parent
also opted to include the Plaintiff, Nathan Charles Harris, as a covered beneficiary under the Plan.
24. As a participant and insured of the Plan, Nathan Charles Harris and/or parent paid
a substantial amount of contributions or premiums for the coverage provided for by the Plan to
-6-
Tavia Galonski, Summit County Clerk of Courts
CV-2024-05-1890 MCLAUGHLIN, KELLY 05/03/2024 11:34:18 AM CMCO Page 7 of 8
him and his family. These payments were used to pay benefits, but also to pay for administrative
fees and other costs that permitted fiduciaries of the Plan to benefit financially.
25. At all relevant times herein, Defendant(s) Cigna and/or John Doe(s) 6-11 were
fiduciaries of the Plan as a plan sponsor of the Plan pursuant to R.C. 3959.01(G) or 29 U.S.C. §
1002(16)(B) of ERISA, and/or an administrator of the Plan pursuant to R.C. 3959.01(G) or 29
U.S.C. § 1002(16)(A) of ERISA.
26. At all relevant times, the Plan was wholly controlled by and acted by and through
the fiduciaries of the Plan, including Cigna and/or John Doe(s) 6-11.
27. Following the collision, Cigna and/or John Doe(s) 6-11, in the name of the Plan,
contacted the Plaintiff claiming to have a contractual right of subrogation and reimbursement
(hereinafter referred to as “S/R”) such that it was entitled to reimbursement of the medical benefits
paid on Nathan Charles Harris’ behalf that was caused by the subject collision.
28. Plaintiff Nathan Charles Harris denies ever agreeing to provide Cigna and/or John
Doe(s) 6-11, individually or on behalf of the Plan, or any other fiduciary of the Plan, with a
contractual right of reimbursement or subrogation.
29. Plaintiff, Nathan Charles Harris, disputes the validity and amount of any
subrogation and reimbursement right claimed by Cigna and/or John Doe(s) 6-11.
30. In the event it is determined that the Plan was subject to ERISA, this Court has
jurisdiction over Plaintiff’s 29 U.S.C. § 1132(a)(1)(B) claim under 29 U.S.C. § 1132(e)(1) which
states that “[s]tate courts of competent jurisdiction and district courts of the United States shall
have concurrent jurisdiction of actions under paragraphs (1)(B) and (7) of subsection (a) of this
section.”
-7-
Tavia Galonski, Summit County Clerk of Courts
CV-2024-05-1890 MCLAUGHLIN, KELLY 05/03/2024 11:34:18 AM CMCO Page 8 of 8
WHEREFORE, Plaintiff, Nathan Charles Harris, demands judgment against
Defendant(s) Cigna and/or John Doe(s) 6-11 declaring what, if any, contractual rights of
subrogation and reimbursement Defendant(s) Cigna and/or John Doe(s) 6-11 possess and the
extent of any such rights.
JURY DEMAND
Plaintiff respectfully request a Trial by Jury on all issues of this matter pursuant to Rule 38
of the Ohio Rules of Civil Procedure.
Respectfully submitted,
/s/ Benjamin P. Pfouts
Benjamin P. Pfouts (0084247)
3412 West Market Street
Akron, OH 44333
Phone: (330) 869-9007
Fax: (330) 869-9008
bpfouts@knrlegal.com
Counsel for the Plaintiff
-8-
Tavia Galonski, Summit County Clerk of Courts
Preview
CV-2024-05-1890 MCLAUGHLIN, KELLY 05/03/2024 11:34:18 AM CMCO Page 1 of 8 IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO NATHAN CHARLES HARRIS CASE NO.: 2797 Vanderhoof Road Barberton, OH 44203 JUDGE: Plaintiff, COMPLAINT vs. Type: Negligence; Declaratory Judgment TODD ALLEN YOCUM 1515 Swigart Road Jury Demand Endorsed Hereon New Franklin, OH 44203 -and- CIGNA HEALTHCARE c/o CT Corporation System (Agent) 4400 Easton Commons Way Suite 125 Columbus, OH 43219 -and- JOHN DOE(S) 1-5 Any entities that provided any insurance coverage to the Plaintiff for any damages that were caused by the subject incident -and- JOHN DOE(S) 6-11 (Other fiduciaries of the health benefit plan that claim to have a contractual right of subrogation and/or reimbursement for medical benefits paid on Nathan Charles Harris’ behalf following the incident that is the subject of this Complaint) Defendant. -1- Tavia Galonski, Summit County Clerk of Courts CV-2024-05-1890 MCLAUGHLIN, KELLY 05/03/2024 11:34:18 AM CMCO Page 2 of 8 Now comes the Plaintiff, Nathan Charles Harris, and for his Complaint, states as follows: 1. Upon information and belief, Defendant, Todd Allen Yocum (“Yocum”), did at all times relevant hereto reside in Summit County, Ohio. 2. Upon information and belief, Defendant Cigna Healthcare (“Cigna”), is a health insurance provider licensed to do business throughout the State of Ohio including Summit County, Ohio, and regularly conducts business throughout the State of Ohio. 3. Upon information and belief, Defendant(s) John Doe Entities 1-5 (names and addresses currently unknown) are any and all entities who provided insurance coverage for any of the damages sustained by the Plaintiff as a result of the subject collision, whose names and addresses could not be ascertained prior to the preparation and filing of this Complaint but shall be ascertained through discovery. 4. Upon information and belief, Defendant(s) John Doe Entities 6-11 (names and addresses currently unknown) are any and all entities who were fiduciaries of the health plan as a plan sponsor and/or administrator of the health plan, whose names and addresses could not be ascertained prior to the preparation and filing of this Complaint but shall be ascertained through discovery. COUNT I 5. Plaintiff re-alleges all paragraphs above as though fully rewritten herein. 6. On or about May 8, 2022, Plaintiff, Nathan Charles Harris, was operating a motorcycle southbound on Manchester Road at or near the intersection 5490 Manchester Road, a public thoroughfare located in New Franklin, Summit County, Ohio. -2- Tavia Galonski, Summit County Clerk of Courts CV-2024-05-1890 MCLAUGHLIN, KELLY 05/03/2024 11:34:18 AM CMCO Page 3 of 8 7. Defendant Yocum on the date stated, was at the same time negligently operating a vehicle northbound on Manchester Road at or near the intersection 5490 Manchester Road, a public thoroughfare located in New Franklin, Summit County, Ohio. 8. At the aforementioned time and place, Defendant Yocum negligently operated his vehicle when he negotiated a left turn failing to keep a proper lookout of traffic in the area and yield right of way to Plaintiff lawfully traveling in the southbound lane, thereby turning in front of Plaintiff and causing Plaintiff to strike the left side of Defendant’s vehicle, ejecting Plaintiff from his motorcycle and causing significant damages. 9. The negligence of Defendant Yocum includes, but is not limited to, failure to yield right of way when turning left into the driveway at 5490 Manchester Road, failure to give his full attention to the operation of a motor vehicle, and failure to keep a proper lookout. 10. As a direct and proximate result of Defendant Yocum’s negligence, the Plaintiff, Nathan Charles Harris, sustained serious physical and mental injury, pain and suffering, emotional and psychological trauma, and incurred medical expenses. Furthermore, the Plaintiff will reasonably be expected to experience future pain and suffering, incur future medical expenses, and has otherwise been damaged. WHEREFORE, Plaintiff, Nathan Charles Harris, demands judgment against the Defendant Yocum 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 II 11. Plaintiff re-alleges all paragraphs above as though fully rewritten herein. -3- Tavia Galonski, Summit County Clerk of Courts CV-2024-05-1890 MCLAUGHLIN, KELLY 05/03/2024 11:34:18 AM CMCO Page 4 of 8 12. At all times material hereto Defendant Yocum owed a duty to the motoring public and the Plaintiff under § 4511.42 of the Ohio Revised Code which states: (A) The operator of a vehicle, streetcar, or trackless trolley intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right of way to any vehicle, streetcar, or trackless trolley approaching from the opposite direction, whenever the approaching vehicle, streetcar, or trackless trolley is within the intersection or so close to the intersection, alley, private road, or driveway as to constitute an immediate hazard. (B) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree. 13. At the aforementioned time and place, Defendant Yocum breached his statutory duty to the Plaintiff under § 4511.42 of the Ohio Revised Code when he negligently operated his vehicle by failing to yield right of way to Plaintiff’s vehicle when turning left, thereby causing the collision and Plaintiff’s ejection from his motorcycle. Said conduct of Defendant Yocum caused the damages sustained by the Plaintiff, and constituted negligence per se under Ohio law. WHEREFORE, Plaintiff, Nathan Charles Harris, demands judgment against Defendant Yocum 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. 15. Plaintiff, brings 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 -4- Tavia Galonski, Summit County Clerk of Courts CV-2024-05-1890 MCLAUGHLIN, KELLY 05/03/2024 11:34:18 AM CMCO Page 5 of 8 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, John Doe(s) 1-5 provided insurance coverage to the vehicles in which the Plaintiff was traveling and upon information and belief said insurance policy provides uninsured/underinsured motorist coverage and/or medical payment coverage for damages to the Plaintiff 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, John Doe(s) 1-5. WHEREFORE, Plaintiff, Nathan Charles Harris, demands judgment against Defendant John Doe(s) 1-5 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, John Doe(s) 1-5, provides uninsured/underinsured motorist coverage for Plaintiff’s damages and medical payment coverage, as set forth hereinabove, for judgment on Plaintiff’s uninsured/underinsured motorist claim and medical payment claim asserted herein against Defendant, John Doe(s) 1-5, 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. Plaintiff re-alleges all paragraphs above as though fully rewritten herein. 18. Defendant John Doe(s) 1-5 may have paid some medical bills and/or compensation on behalf of the Plaintiff and to the extent that it has a subrogation or reimbursement claim it should assert its claim or be forever barred. -5- Tavia Galonski, Summit County Clerk of Courts CV-2024-05-1890 MCLAUGHLIN, KELLY 05/03/2024 11:34:18 AM CMCO Page 6 of 8 19. Plaintiff disputes the validity and amount of any subrogation/reimbursement interest, if any, in the outcome of this action which may be claimed by John Doe(s) 1-5, including, but not limited to, in accordance with R.C. 2323.44. WHEREFORE, Plaintiff, Nathan Charles Harris, demands judgment against Defendant John Doe(s) 1-5, and in favor of the Plaintiff, declaring that John Doe(s) 1-5 is not entitled to be subrogated to the Plaintiff or reimbursed by the Plaintiff for any benefits paid on behalf of the Plaintiff, or not entitled to the amount it claims as satisfaction of any such rights. COUNT V 20. Plaintiff re-alleges all paragraphs above as though fully rewritten herein. 21. This claim is brought by Plaintiff Nathan Charles Harris, only, against Defendant(s) Cigna and/or John Doe(s) 6-11 pursuant to R.C. 2721.02 & R.C. 2721.03, or, in the alternative, 29 U.S.C. § 1132(a)(1)(B) of the Employee Retirement Income Security Act of 1974 (“ERISA”) in the event the subject health plan is subject to ERISA which is codified by 29 U.S.C. § 1001 et seq. 22. Plaintiff seeks a judgment declaring what contractual rights of reimbursement and as a contractual subrogee to Nathan Charles Harris’s third-party claims of recovery, if any, Defendant(s) Cigna and/or John Doe(s) 6-11 have for any medical benefits paid on his behalf, and the extent of any such rights. 23. At all relevant times herein, Plaintiff Nathan Charles Harris was a dependent of a covered employee that sponsored a group employee health plan. Nathan Charles Harris’ parent was offered, and opted into the employer’s health plan (“the Plan”). Nathan Charles Harris’ parent also opted to include the Plaintiff, Nathan Charles Harris, as a covered beneficiary under the Plan. 24. As a participant and insured of the Plan, Nathan Charles Harris and/or parent paid a substantial amount of contributions or premiums for the coverage provided for by the Plan to -6- Tavia Galonski, Summit County Clerk of Courts CV-2024-05-1890 MCLAUGHLIN, KELLY 05/03/2024 11:34:18 AM CMCO Page 7 of 8 him and his family. These payments were used to pay benefits, but also to pay for administrative fees and other costs that permitted fiduciaries of the Plan to benefit financially. 25. At all relevant times herein, Defendant(s) Cigna and/or John Doe(s) 6-11 were fiduciaries of the Plan as a plan sponsor of the Plan pursuant to R.C. 3959.01(G) or 29 U.S.C. § 1002(16)(B) of ERISA, and/or an administrator of the Plan pursuant to R.C. 3959.01(G) or 29 U.S.C. § 1002(16)(A) of ERISA. 26. At all relevant times, the Plan was wholly controlled by and acted by and through the fiduciaries of the Plan, including Cigna and/or John Doe(s) 6-11. 27. Following the collision, Cigna and/or John Doe(s) 6-11, in the name of the Plan, contacted the Plaintiff claiming to have a contractual right of subrogation and reimbursement (hereinafter referred to as “S/R”) such that it was entitled to reimbursement of the medical benefits paid on Nathan Charles Harris’ behalf that was caused by the subject collision. 28. Plaintiff Nathan Charles Harris denies ever agreeing to provide Cigna and/or John Doe(s) 6-11, individually or on behalf of the Plan, or any other fiduciary of the Plan, with a contractual right of reimbursement or subrogation. 29. Plaintiff, Nathan Charles Harris, disputes the validity and amount of any subrogation and reimbursement right claimed by Cigna and/or John Doe(s) 6-11. 30. In the event it is determined that the Plan was subject to ERISA, this Court has jurisdiction over Plaintiff’s 29 U.S.C. § 1132(a)(1)(B) claim under 29 U.S.C. § 1132(e)(1) which states that “[s]tate courts of competent jurisdiction and district courts of the United States shall have concurrent jurisdiction of actions under paragraphs (1)(B) and (7) of subsection (a) of this section.” -7- Tavia Galonski, Summit County Clerk of Courts CV-2024-05-1890 MCLAUGHLIN, KELLY 05/03/2024 11:34:18 AM CMCO Page 8 of 8 WHEREFORE, Plaintiff, Nathan Charles Harris, demands judgment against Defendant(s) Cigna and/or John Doe(s) 6-11 declaring what, if any, contractual rights of subrogation and reimbursement Defendant(s) Cigna and/or John Doe(s) 6-11 possess and the extent of any such rights. JURY DEMAND Plaintiff respectfully request a Trial by Jury on all issues of this matter pursuant to Rule 38 of the Ohio Rules of Civil Procedure. Respectfully submitted, /s/ Benjamin P. Pfouts Benjamin P. Pfouts (0084247) 3412 West Market Street Akron, OH 44333 Phone: (330) 869-9007 Fax: (330) 869-9008 bpfouts@knrlegal.com Counsel for the Plaintiff -8- Tavia Galonski, Summit County Clerk of Courts