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CV-2016-05-2406 CMCO 05/23/2016 10:40:55 AM CALLAHAN, LYNNE S. Page 1 of 7
IN THE COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO
DONALD PATRIS )
1195 Cliffside Dr. Apt D4 )
Cuyahoga Falls, OH 44221 )
) Case No.:
and )
) Judge:
JACQUELINE PATRIS )
1195 Cliffside Dr. Apt D4 )
Cuyahoga Falls, OH 44221 )
)
Plaintiffs )
)
) COMPLAINT: OTHER TORT
) PERSONAL INJURY
v. )
)
DISCOUNT DRUG MART, INC. )
c/o Tom McConnell, Statutory Agent )
211 Commerce Dr. ) JURY DEMAND
Medina, OH 44256 ) ENDORSED HEREON
)
and )
)
OHIO REALTY-PORTAGE, LLC )
c/o John Herrick, Statutory Agent )
30559 Pinetree Rd, Office 238 )
Pepper Pike, OH 44124 )
)
Defendants. )
For their Complaint against Defendants, Discount Drug Mart, Inc. and Ohio Realty-
Portage, LLC ("Defendants"), Plaintiffs, Donald Patris and Jacqueline Patris ("Plaintiffs"), state
as follows:
GENERAL ALLEGATIONS
1. Plaintiff, Donald Patris (“Mr. Patris”), is an individual residing in Summit
County, Ohio. Mr. Patris was born on May 4, 1942, and was 70 years old at the time of his
injury.
Sandra Kurt, Summit County Clerk of Courts
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2. Plaintiff, Jacqueline Patris (“Mrs. Patris”), is an individual residing in Summit
County, Ohio, who is the wife of Mr. Patris.
3. Defendant, Discount Drug Mart, Inc. (“Discount Drug Mart”), is a corporation
existing and operating under the laws of Ohio and conducting business in Summit County, Ohio.
4. Defendant, Ohio Realty-Portage, LLC (“Ohio Realty-Portage”), is an Ohio limited
liability company operating and conducting business in Summit County, Ohio.
5. At the time Mr. Patris sustained his injuries and/or damages, the premises was
owned and/or under the control and/or administration and/or management of Ohio Realty-
Portage, LLC and/or Discount Drug Mart, Inc., and there existed on the premises dangerous
and/or hazardous conditions, including but not limited to: the improper maintenance and
operation of automatic doors, the failure to have proper signage, guard/safety rails and/or sensors
and/or safety demarcations, excessive signage that obstructed the view through the automatic
entrance door, the placement of folding chairs, which could be used by customers, in the same
area where the entrance door automatically opens, and the existence of these dangerous and/or
hazardous conditions were created by, known by, and/or should have been known by Defendants.
FIRST CAUSE OF ACTION
6. Plaintiffs restate the allegations contained in paragraphs 1 through 5 above as if
fully rewritten herein.
7. At all times relevant herein, Defendant, Discount Drug Mart, Inc., was the
occupier of the commercial property located at 655 Portage Trail, Cuyahoga Falls, Ohio 44221
commonly known as Discount Drug Mart, having control of the inside and outside of said
premises, including the areas of ingress and egress.
2
Sandra Kurt, Summit County Clerk of Courts
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8. At all times relevant herein, Defendant, Ohio Realty-Portage, LLC, was the owner
of the commercial property of which said Discount Drug Mart occupied, having control of the
inside and outside of said premises, including the areas of ingress and egress.
9. On or about November 16, 2012, Defendant, Discount Drug Mart, had placed
and/or did not remove folding chairs near the opening of the automatic entrance door inside of
the premises. There were no demarcations on the flooring showing the swing of the opening
door, no railings present in the opening area, no sensors that would detect an object within the
opening area to prevent the opening of the automatic doors, excessive signage that obstructed the
view through the automatic entrance door, and no warnings that the automatic entrance door
could swing open with such force that it could knock down and injure an invitee.
10. On or about November 16, 2012, while obtaining a folding chair from the space
near the automatic entrance door and opening the chair for his wife, Mr. Patris, a patron and
invitee of said Discount Drug Mart located at 655 Portage Trail, Cuyahoga Falls, Ohio 44221,
was struck by the automatic door when another customer in the foyer triggered the automatic
door opener.
11. As a result of being struck by the automatic door, Mr. Patris was forcefully
knocked to the ground, sustaining serious injuries.
12. The aforesaid injuries were caused by the negligence of Defendants in, among
other things, their management and/or supervision, and/or maintenance, and/or care, and/or
control of the premises, and/or Defendants’ failure to repair, and/or warn, and/or take reasonable
precautions to protect patrons from the existence of dangerous and/or hazardous conditions
existing upon the premises.
3
Sandra Kurt, Summit County Clerk of Courts
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13. As a direct and proximate result of the acts, omissions, and negligence of
Defendants, Mr. Patris sustained serious bodily injuries.
14. Mr. Patris has received significant medical treatment for these injuries.
15. As a direct and proximate result of Defendants’ negligence, Mr. Patris has
incurred significant medical expenses.
16. Furthermore, as a result of the injuries caused by Defendants’ negligence, Mr.
Patris has continued to incur pain, suffering and disability, which in all likelihood will continue
for some period into the future and may become permanent.
17. As a further result of the injuries caused by Defendants’ negligence, Mr. Patris has
been unable to perform certain functions which he was able to perform prior to receiving the
injuries he sustained.
SECOND CAUSE OF ACTION
18. Plaintiffs incorporate all of the allegations contained in paragraphs 1 through 17
of the Complaint as if fully rewritten herein.
19. Defendants, as required by Ohio Revised Code Sections 4101.11 and 4101.12
owed a duty to protect its employees and frequenters.
20. Mr. Patris, at the time he sustained his injuries and/or damages was a frequenter as
defined by Ohio Revised Code Section 4121.01.
21. Defendants violated their duty under said Ohio Revised Code Sections, which
violations directly and proximately caused the injuries and damages sustained by Mr. Patris as set
forth in paragraphs 5 through 17.
4
Sandra Kurt, Summit County Clerk of Courts
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THIRD CAUSE OF ACTION
22. Plaintiffs incorporate all of the allegations contained in paragraphs 1 through 21
of the Complaint as if fully rewritten herein.
23. Due to the automatic entrance door striking Mr. Patris, Defendants breached their
duty of care by their management and/or supervision, and/or maintenance, and/or care, and/or
control of the premises, and/or Defendants’ failure to repair, and/or warn, and/or take reasonable
precautions to protect patrons from the existence of dangerous and/or hazardous conditions
existing upon the premises in violation of the Ohio Revised Code, Ohio Administrative Code,
Ohio Building Code, applicable federal, county, city, and/or municipal codes and/or ordinances,
and/or appropriate building, industry, and/or maintenance standards and/or guidelines.
24. As a direct and proximate result of the automatic door striking Mr. Patris due to
Defendants’ negligence, Mr. Patris sustained serious bodily injuries.
25. Mr. Patris received medical treatment for these injuries.
26. As a direct and proximate result of Defendants’ negligence, Mr. Patris incurred
medical expenses.
27. Furthermore, as a result of the injuries caused by Defendants’ negligence, Mr.
Patris has continued to incur pain and suffering.
FOURTH CAUSE OF ACTION
28. Plaintiffs incorporate all of the allegations contained in paragraphs 1 through 27
of the Complaint as if fully rewritten herein.
29. Plaintiff, Jacqueline Patris, states that, at all times relevant herein, she has been,
and continues to be, the lawful spouse of Donald Patris, and that as a direct and proximate result
of the injuries to her spouse, she has lost the services and consortium of her spouse.
5
Sandra Kurt, Summit County Clerk of Courts
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WHEREFORE, Plaintiffs respectfully demand judgment against Defendants, Discount
Drug Mart, Inc. and Ohio Realty-Portage, LLC, jointly and severally, as follows:
(1) For compensatory damages in an amount to be determined at the trial of this
matter but in excess of Twenty-Five Thousand Dollars ($25,000.00);
(2) For their attorneys’ fees and costs incurred herein;
(3) For such other and further relief which this Court deems just and equitable.
Respectfully submitted,
LAW OFFICES OF ROBERT E. SOLES, JR., CO., LPA
/s/ Kara Dodson
Robert E. Soles, Jr. (#0046707)
Kara Dodson (#0075527)
Gregory M. Friend (#0092693)
6545 Market Avenue, North
North Canton, Ohio 44721
Telephone (330) 244-8000
Telefax: (330) 244-8002
E-mail: bsoles@soleslaw.com
Counsel for Plaintiffs
_____via facsimile approval 5/19/2016_______________
Edward C. Learner (#0024895)
3761 Fishcreek Rd
Stow, Ohio 44224
Telephone (330) 677-0807
Telefax: (330) 673-8776
E-mail: edwarclearner@aol.com
Counsel for Plaintiffs
6
Sandra Kurt, Summit County Clerk of Courts
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JURY DEMAND
Pursuant to Civ. R. 38(B) Plaintiffs demand a trial by jury of all issues that are triable.
/s/ Kara Dodson
Kara Dodson
_____via facsimile approval 5/19/2016____
Edward C. Learner
INSTRUCTIONS FOR SERVICE
Please serve Defendant with Summons and Complaint by way of certified mail, return
receipt requested, at the address listed in the caption of this Complaint.
/s/ Kara Dodson
Kara Dodson
_____via facsimile approval 5/19/2016____
Edward C. Learner
S:\Greg's Docs\Clients\Patris, Donald\complaint.doc
7
Sandra Kurt, Summit County Clerk of Courts
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CV-2016-05-2406 CMCO 05/23/2016 10:40:55 AM CALLAHAN, LYNNE S. Page 1 of 7 IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO DONALD PATRIS ) 1195 Cliffside Dr. Apt D4 ) Cuyahoga Falls, OH 44221 ) ) Case No.: and ) ) Judge: JACQUELINE PATRIS ) 1195 Cliffside Dr. Apt D4 ) Cuyahoga Falls, OH 44221 ) ) Plaintiffs ) ) ) COMPLAINT: OTHER TORT ) PERSONAL INJURY v. ) ) DISCOUNT DRUG MART, INC. ) c/o Tom McConnell, Statutory Agent ) 211 Commerce Dr. ) JURY DEMAND Medina, OH 44256 ) ENDORSED HEREON ) and ) ) OHIO REALTY-PORTAGE, LLC ) c/o John Herrick, Statutory Agent ) 30559 Pinetree Rd, Office 238 ) Pepper Pike, OH 44124 ) ) Defendants. ) For their Complaint against Defendants, Discount Drug Mart, Inc. and Ohio Realty- Portage, LLC ("Defendants"), Plaintiffs, Donald Patris and Jacqueline Patris ("Plaintiffs"), state as follows: GENERAL ALLEGATIONS 1. Plaintiff, Donald Patris (“Mr. Patris”), is an individual residing in Summit County, Ohio. Mr. Patris was born on May 4, 1942, and was 70 years old at the time of his injury. Sandra Kurt, Summit County Clerk of Courts CV-2016-05-2406 CMCO 05/23/2016 10:40:55 AM CALLAHAN, LYNNE S. Page 2 of 7 2. Plaintiff, Jacqueline Patris (“Mrs. Patris”), is an individual residing in Summit County, Ohio, who is the wife of Mr. Patris. 3. Defendant, Discount Drug Mart, Inc. (“Discount Drug Mart”), is a corporation existing and operating under the laws of Ohio and conducting business in Summit County, Ohio. 4. Defendant, Ohio Realty-Portage, LLC (“Ohio Realty-Portage”), is an Ohio limited liability company operating and conducting business in Summit County, Ohio. 5. At the time Mr. Patris sustained his injuries and/or damages, the premises was owned and/or under the control and/or administration and/or management of Ohio Realty- Portage, LLC and/or Discount Drug Mart, Inc., and there existed on the premises dangerous and/or hazardous conditions, including but not limited to: the improper maintenance and operation of automatic doors, the failure to have proper signage, guard/safety rails and/or sensors and/or safety demarcations, excessive signage that obstructed the view through the automatic entrance door, the placement of folding chairs, which could be used by customers, in the same area where the entrance door automatically opens, and the existence of these dangerous and/or hazardous conditions were created by, known by, and/or should have been known by Defendants. FIRST CAUSE OF ACTION 6. Plaintiffs restate the allegations contained in paragraphs 1 through 5 above as if fully rewritten herein. 7. At all times relevant herein, Defendant, Discount Drug Mart, Inc., was the occupier of the commercial property located at 655 Portage Trail, Cuyahoga Falls, Ohio 44221 commonly known as Discount Drug Mart, having control of the inside and outside of said premises, including the areas of ingress and egress. 2 Sandra Kurt, Summit County Clerk of Courts CV-2016-05-2406 CMCO 05/23/2016 10:40:55 AM CALLAHAN, LYNNE S. Page 3 of 7 8. At all times relevant herein, Defendant, Ohio Realty-Portage, LLC, was the owner of the commercial property of which said Discount Drug Mart occupied, having control of the inside and outside of said premises, including the areas of ingress and egress. 9. On or about November 16, 2012, Defendant, Discount Drug Mart, had placed and/or did not remove folding chairs near the opening of the automatic entrance door inside of the premises. There were no demarcations on the flooring showing the swing of the opening door, no railings present in the opening area, no sensors that would detect an object within the opening area to prevent the opening of the automatic doors, excessive signage that obstructed the view through the automatic entrance door, and no warnings that the automatic entrance door could swing open with such force that it could knock down and injure an invitee. 10. On or about November 16, 2012, while obtaining a folding chair from the space near the automatic entrance door and opening the chair for his wife, Mr. Patris, a patron and invitee of said Discount Drug Mart located at 655 Portage Trail, Cuyahoga Falls, Ohio 44221, was struck by the automatic door when another customer in the foyer triggered the automatic door opener. 11. As a result of being struck by the automatic door, Mr. Patris was forcefully knocked to the ground, sustaining serious injuries. 12. The aforesaid injuries were caused by the negligence of Defendants in, among other things, their management and/or supervision, and/or maintenance, and/or care, and/or control of the premises, and/or Defendants’ failure to repair, and/or warn, and/or take reasonable precautions to protect patrons from the existence of dangerous and/or hazardous conditions existing upon the premises. 3 Sandra Kurt, Summit County Clerk of Courts CV-2016-05-2406 CMCO 05/23/2016 10:40:55 AM CALLAHAN, LYNNE S. Page 4 of 7 13. As a direct and proximate result of the acts, omissions, and negligence of Defendants, Mr. Patris sustained serious bodily injuries. 14. Mr. Patris has received significant medical treatment for these injuries. 15. As a direct and proximate result of Defendants’ negligence, Mr. Patris has incurred significant medical expenses. 16. Furthermore, as a result of the injuries caused by Defendants’ negligence, Mr. Patris has continued to incur pain, suffering and disability, which in all likelihood will continue for some period into the future and may become permanent. 17. As a further result of the injuries caused by Defendants’ negligence, Mr. Patris has been unable to perform certain functions which he was able to perform prior to receiving the injuries he sustained. SECOND CAUSE OF ACTION 18. Plaintiffs incorporate all of the allegations contained in paragraphs 1 through 17 of the Complaint as if fully rewritten herein. 19. Defendants, as required by Ohio Revised Code Sections 4101.11 and 4101.12 owed a duty to protect its employees and frequenters. 20. Mr. Patris, at the time he sustained his injuries and/or damages was a frequenter as defined by Ohio Revised Code Section 4121.01. 21. Defendants violated their duty under said Ohio Revised Code Sections, which violations directly and proximately caused the injuries and damages sustained by Mr. Patris as set forth in paragraphs 5 through 17. 4 Sandra Kurt, Summit County Clerk of Courts CV-2016-05-2406 CMCO 05/23/2016 10:40:55 AM CALLAHAN, LYNNE S. Page 5 of 7 THIRD CAUSE OF ACTION 22. Plaintiffs incorporate all of the allegations contained in paragraphs 1 through 21 of the Complaint as if fully rewritten herein. 23. Due to the automatic entrance door striking Mr. Patris, Defendants breached their duty of care by their management and/or supervision, and/or maintenance, and/or care, and/or control of the premises, and/or Defendants’ failure to repair, and/or warn, and/or take reasonable precautions to protect patrons from the existence of dangerous and/or hazardous conditions existing upon the premises in violation of the Ohio Revised Code, Ohio Administrative Code, Ohio Building Code, applicable federal, county, city, and/or municipal codes and/or ordinances, and/or appropriate building, industry, and/or maintenance standards and/or guidelines. 24. As a direct and proximate result of the automatic door striking Mr. Patris due to Defendants’ negligence, Mr. Patris sustained serious bodily injuries. 25. Mr. Patris received medical treatment for these injuries. 26. As a direct and proximate result of Defendants’ negligence, Mr. Patris incurred medical expenses. 27. Furthermore, as a result of the injuries caused by Defendants’ negligence, Mr. Patris has continued to incur pain and suffering. FOURTH CAUSE OF ACTION 28. Plaintiffs incorporate all of the allegations contained in paragraphs 1 through 27 of the Complaint as if fully rewritten herein. 29. Plaintiff, Jacqueline Patris, states that, at all times relevant herein, she has been, and continues to be, the lawful spouse of Donald Patris, and that as a direct and proximate result of the injuries to her spouse, she has lost the services and consortium of her spouse. 5 Sandra Kurt, Summit County Clerk of Courts CV-2016-05-2406 CMCO 05/23/2016 10:40:55 AM CALLAHAN, LYNNE S. Page 6 of 7 WHEREFORE, Plaintiffs respectfully demand judgment against Defendants, Discount Drug Mart, Inc. and Ohio Realty-Portage, LLC, jointly and severally, as follows: (1) For compensatory damages in an amount to be determined at the trial of this matter but in excess of Twenty-Five Thousand Dollars ($25,000.00); (2) For their attorneys’ fees and costs incurred herein; (3) For such other and further relief which this Court deems just and equitable. Respectfully submitted, LAW OFFICES OF ROBERT E. SOLES, JR., CO., LPA /s/ Kara Dodson Robert E. Soles, Jr. (#0046707) Kara Dodson (#0075527) Gregory M. Friend (#0092693) 6545 Market Avenue, North North Canton, Ohio 44721 Telephone (330) 244-8000 Telefax: (330) 244-8002 E-mail: bsoles@soleslaw.com Counsel for Plaintiffs _____via facsimile approval 5/19/2016_______________ Edward C. Learner (#0024895) 3761 Fishcreek Rd Stow, Ohio 44224 Telephone (330) 677-0807 Telefax: (330) 673-8776 E-mail: edwarclearner@aol.com Counsel for Plaintiffs 6 Sandra Kurt, Summit County Clerk of Courts CV-2016-05-2406 CMCO 05/23/2016 10:40:55 AM CALLAHAN, LYNNE S. Page 7 of 7 JURY DEMAND Pursuant to Civ. R. 38(B) Plaintiffs demand a trial by jury of all issues that are triable. /s/ Kara Dodson Kara Dodson _____via facsimile approval 5/19/2016____ Edward C. Learner INSTRUCTIONS FOR SERVICE Please serve Defendant with Summons and Complaint by way of certified mail, return receipt requested, at the address listed in the caption of this Complaint. /s/ Kara Dodson Kara Dodson _____via facsimile approval 5/19/2016____ Edward C. Learner S:\Greg's Docs\Clients\Patris, Donald\complaint.doc 7 Sandra Kurt, Summit County Clerk of Courts