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IN THE COURT OF COMMON PLEAS
COUNTY OF SUMMIT, OHIO
TASER INTERNATIONAL ) CASE NO. CV 2006-11-7421
Plaintiff )
JUDGE BRENDA UNRUH
v. ) JUDGE TED SCHNEIDERMAN,
(Sitting by Assignment)
CHIEF MEDICAL EXAMINER OF )
SUMMIT COUNTY, OHIO MOTION TO INTERVENE AND
) FILE COMPLAINT INSTANTER
The City of Akron hereby moves this court to intervene in the above Ohio Revised
Code Section 313.19 action pursuant to Ohio Civil Rule of Procedure 24(A)(2). Civil Rule
24(A)(2) provides:
Civil Rule 24 - Intervention
(A) _ Intervention of Right
Upon timely application anyone may be permitted to intervene in an
action:
(2) when the applicant claims an interest relating to the property or transaction
which is the subject of the action and he is so situated that the disposition of the
action may as a practical matter impair or impede his ability to protect that
interest, unless the applicant's interest is adequately represented by existing
parties.
The City of Akron and nine individual police officers were sued in United States District
Court for the Northen District of Ohio in Case No. 5:07 CV 27 and served on or about
February 8, 2007 alleging both federal and state claims because of their encounter with DennisCOPY
Hyde. This lawsuit claims civil rights violations and pendent State claims as well as other
claims.
The lawsuit entitled Kenneth Goebel, Adm. et al. v. The City of Akron, et al. filed by
Dennis Hyde's estate representative claims that the use of a Taser by Akron police was a
contributing cause of his death. Immediately before the actual filing of this lawsuit by Hyde's
estate, counsel for his estate submitted the autopsy report of the Summit County Medical
Examiner to the City as support for the lawsuit. The homicide ruling of the Summit County
Medical Examiner's office as the manner of death of Dennis Hyde is the City's distinct interest
in this Ohio Revised Code Section 313.19 case. The Medical Examiner's findings in this case
as to the cause and manner of death directly affect the interests of the City of Akron because of
the civil litigation brought against the City and its police officers based on these findings
articulated by the Summit County Medical Examiner relating to the death of Dennis Hyde.
These findings by the Medical Examiner are accorded presumptive value unless this court
directs the Summit County Medical Examiner to change her decision as to the cause and
manner of death.
R.C. 313.19 states:
The cause of death and the manner and mode in which the death occurred, as
delivered by the coroner and incorporated in the coroner's verdict and in the
death certificate filed with the division of vital statistics, shall be the legally
accepted manner and mode in which such death occurred, and the legally
accepted cause of death, unless the court of common pleas of the county in
which the death occurred, after a hearing, directs the coroner to change his
decision as to such cause and manner and mode of death.
While Taser International is specifically litigating the use of its Taser device and its
inclusion as a contributing factor in Dennis Hyde's death, the City of Akron's interest centersCOPY
not only in removing the Taser as a contributing factor but also in changing the ruling of
homicide. The City, as distinguished by Taser's described interest in its device as a cause of
death, is also interested in the Medical Examiner's manner of death ruling as a homicide. Since
this Medical Examiner's report may constitute admissible evidence in a civil action, it adversely
affects the interests of the City of Akron and its officers as it now stands. See Ohio Revised
Code Section 313.10.
The Ohio Supreme Court has consistently held that Rule 24(A)(2) must be liberally
construed to permit intervention. See Ohio Dept. of Admin. Serv., Officer of Collective
Bargaining v. State Emp. Relations Bd. (1990), 54 Ohio St.3d 48, 51; State ex rel Watkins v.
Eighth District Court of Appeals (1998), 82 Ohio St. 3d 532, 534 (recognizing a "duty to
liberally construe Civ. R. 24 in favor of intervention"); State ex rel Smith v. Frost, 74 Ohio St.
3d 107, 108, 1995-Ohio-0265. Based on the reasons set forth, the City is entitled to intervene
in this action.
Further, Ohio Revised Code Section 313.19 entitles the City to seek review of the
Medical Examiner's decision by its own lawsuit. Rather than file a separate lawsuit, the City
seeks intervention in this action.
Even if the Court does not permit intervention as a right under Civil Rule 24(A), the
City is entitled to permissive intervention under Rule 24(B). The City has a specific interest in
the coroner's ruling of homicide as it affects the City of Akron and its officers. The City's
complaint is attached hereto as Exhibit #1.COPY
Jn consideration of Ohio law which favors liberal construction in favor of intervention,
the City of Akron must be permitted to intervene in this action. Ohio Consumers' Counsel v.
Public Utilities Commission, 111 Ohio St. 3d 384, 2006-Ohio-5853.
Respectfully submitted,
Max Rothal - No. 0009431
Director of Law
Patricia Ambrose Rubright - No. 000443
Michael J. Defibaugh - No. 0072683
Assistant Directors of Law
161 S. High Street, Suite 202
Akron, Ohio 44308
(330) 375-2030 FAX: (330) 375-2041
Ambropa@ci.akron.oh.us
Defibmi@ci.akron.oh.usCOPY
PROOF OF SERVICE
This is to certify that a true and accurate copy of the foregoing Motion to Intervene was
sent via regular U.S. Mail this day of March, 2007 to:
John F. Manley, Esquire
Chief Counsel, Civil Division
Prosecuting Attorney, County of Summit
6th Floor
53 University Avenue
Akron, Ohio 44308-1680
Counsel for Lisa Kohler, M.D.
Kathleen M. Anderson
Barnes & Thornburg, LLP
600 One Summit Square
Fort Wayne, Indian 46802
John R. Maley
Barnes & Thornburg, LLP
11 South Meridian Street
Indianapolis, Indiana 46204
R. Scot Harvey
Millisor & Nobil Co, LPA
Suite 300
9150 South Hills Boulevard
Broadview Heights, Ohio 44147-3599
Patricia Ambrose RubrightCOPY
MR/PAR/MJD/keh 03-23-07
IN THE COURT OF COMMON PLEAS
COUNTY OF SUMMIT, OHIO
CITY OF AKRON ) CASE NO. 2006-11-7421
c/o Max Rothal
161 South High Street, Suite 202 )
Akron, Ohio 44308
)
Plaintiff
) JUDGE BRENDA UNRUH
Vv.
JUDGE TED SCHNEIDERMAN
) (Sitting by Assignment)
CHIEF MEDICAL EXAMINER OF
SUMMIT COUNTY, OHIO ) CITY OF AKRON'S
a.k.a. LISA KOHLER, M.D. INTERVENING
c/o John Manley, 53 University Avenue, 6th Floor ) COMPLAINT TO CORRECT
Akron, Ohio 44308-1680 MANNER OF DEATEL
) DETERMINATION
Defendant INSTANTER
)
Plaintiff, City of Akron, through undersigned counsel, states for its Complaint against
Defendant, County of Summit, Ohio, Chief Medical Examiner, as follows:
1.
The City of Akron is a municipal corporation located in County of Summit, Ohio and
has established a Department of Public Safety, Police Division.
The County of Summit is a Charter county located in the State of Ohio.
Lisa Kohler is the duly-appointed Chief Medical Examiner for County of Summit, Ohio
and is responsible for determining the cause, manner and mode of otherwise
unexplained deaths in Summit County.
This is an action under Ohio Revised Code §313.19 for judicial review of the Medical
Examiner's manner of death determination for Dennis Hyde, who died on or about
January 5, 2005 in Summit County, Ohio.
On the day of Dennis Hyde's death, City of Akron police officers were dispatched to
965 Triplett Blvd., Akron, Ohio reference an Aggravated Burglary in response to the
occupant's hysterical "911" call while the burglary was in progress.
Dennis Hyde broke out the front window of the residence, inflicting a 4.5 centimeter
laceration to his wrist, severing tendons and his radial artery causing a loss of
substantial amounts of blood.
EXHIBIT -1COPY
10.
11.
12.
13.
14.
15.
16.
Akron police officers found Hyde hiding inside the residence, shirtless, covered in
blood, hiding in a dark basement, and yelling that he was Satan and that he
intended to kill the officers.
Akron police officers observed blood on the broken window and a blood trail through
the living room, dining room, kitchen, and basement of the residence.
Akron police officers called City of Akron Emergency Medical Services ("EMS") to the
scene due to the amount of blood observed in and around the residence.
Hyde exhibited extreme behavior, including projectile vomiting, claims of being Satan,
laughing and threatening police officers, and throwing objects, including a vase and air
conditioner at police officers.
Akron police officers attempted to take Hyde into custody by deploying their Tasers,
but the subject continued to ignore the police officers' commands.
EMS treated Dennis Hyde's injuries, specifically the self-inflicted laceration to his
wrist.
Several minutes later, Dennis Hyde lost consciousness and EMS noted that he was in
cardiac asystole, i.e. no heart activity, and Hyde was taken to Akron City Hospital,
Summit County, Ohio where he was ultimately pronounced dead.
The Medical Examiner or her agents identified large amounts of methamphetamine in
Dennis Hyde's body at the time of his death. In addition, Hyde suffered from an
underlying psychiatric illness and lost significant amounts of blood from a deep
laceration in his left wrist.
In the Report of Autopsy, Dr. Kohler opined:
The decedent was a 30 year old male who died due to probable cardiac
arrhythmia caused by the combined effects of methamphetamine intoxication
and electrical pulse incapacitation. Blood loss from injuries sustained prior to
the altercation and apparent underlying psychiatric illness are contributory
factors to the death. Because the electro-muscular disruption effect of the M26
Taser is an "inflicted" force, the Manner of Death is ruled homicide. The
autopsy demonstrated no evidence of asphyxia or significant blunt force trauma
related to restraint. The intrapleural installation of crystalloid incurred during
emergent resuscitative attempts does not mechanicistically contribute to the
decedent's death.
The Medical Examiner ruled:
Cause of Death: Probable cardiac arrhythmia
Due to: Acute methamphetamine intoxication and
electrical pulse incapacitation.
Contributory Conditions: Psychiatric disorder with agitated behavior, blood loss by
arterial injury.
Manner of Death: Homicide; Sudden Death incurred during restraintCOPY
17.
18.
19.
20.
21.
22.
23.
24.
25.
The Medical Examiner ruled that Hyde's manner of death was "Homicide" although no
medical, scientific, or engineering evidence exists that the Taser deployment caused
Hyde's death and the Medical Examiner concluded that no other external forces caused
his death.
The City of Akron and nine individual police officers were sued in United States
District Court for the Northern District of Ohio in Kenneth Goebel, et al. v. The City of
Akron, et al. Case No. 5:07 CV 27 and were served on or about February 8, 2007
alleging both federal and state claims as a result of their encounter with Dennis Hyde on
January 5, 2005.
Immediately before filing the lawsuit by Hyde's estate, counsel for his estate submitted
the autopsy report of the Summit County Medical Examiner to the City as support for
the lawsuit.
The erroneous homicide ruling of the Summit County Medical Examiner's office as the
manner of death of Dennis Hyde is the City of Akron's and the individual officers’
separate interests in this case.
The Medical Examiner's finding that Dennis Hyde's manner of death was a homicide
directly affects the City of Akron and its police officers.
The findings of the Summit County Medical Examiner are accorded presumptive value
unless this Court directs the Medical Examiner to change her decision as to the cause
and manner of death.
The Summit County Medical Examiner lacks any evidence that Dennis Hyde's death
was a homicide.
There is no medical or scientific basis for the Medical Examiner's manner of death
determination to implicate City of Akron police officers. Dennis Hyde's death was not
caused by City of Akron police officers based on competent, credible evidence.
A full review of the facts and evidence surrounding Dennis Hyde's death will confirm
that his manner of death clearly was not homicide and the report of autopsy must be
changed.
Relief Requested
WHEREFORE, City of Akron requests that the Court:
Order a full evidentiary hearing to determine the appropriateness of the Medical
Examiner's ruling that Dennis Hyde's manner of death was homicide.
Order a change in the Medical Examiner's manner of death determination for Dennis
Hyde, following such a hearing, to eliminate homicide as the manner of death.COPY
3. Grant City of Akron all other relief just and proper under the law.
Respectfully submitted,
Max Rothal - No. 0009431
Director of Law
Maddue ll A. \urd
Patricia Ambrage Rublight - No. 0009435
Ambropa@ci.akron.oh.us
Michael J. Defibaugh - No. 0072683
Defibmi@ci.akron.oh.us
Assistant Directors of Law
161 S. High Street, Suite 202
Akron, Ohio 44308
(330) 375-2030 FAX: (330) 375-2041COPY
PROOF OF SERVICE
This is to certify that a true and accurate copy of the foregoing Complaint to Correct
Manner of Death Determination was sent this 3 )L_ day of March, 2007 to:
John F. Manley, Esquire
Chief Counsel, Civil Division
Prosecuting Attorney, County of Summit
6th Floor
53 University Avenue
Akron, Ohio 44308-1680
Counsel for Lisa Kohler, M.D.
Kathleen M. Anderson
Barnes & Thornburg, LLP
600 One Summit Square
Fort Wayne, Indian 46802
John R. Maley
Barnes & Thornburg, LLP
11 South Meridian Street
Indianapolis, Indiana 46204
R. Scot Harvey
Millisor & Nobil Co, LPA
Suite 300
9150 South Hills Boulevard
Broadview Heights, Ohio 44147-3599
Michael J.
Preview
COPY ? MR/PAR/MJD/keh 03-22-07 Ly, le Yy Y ke Dy ‘Oy Tep "Cy, Ly, ° hy ee tijy “19, Ne Al & °7 OF Oy “wp IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO TASER INTERNATIONAL ) CASE NO. CV 2006-11-7421 Plaintiff ) JUDGE BRENDA UNRUH v. ) JUDGE TED SCHNEIDERMAN, (Sitting by Assignment) CHIEF MEDICAL EXAMINER OF ) SUMMIT COUNTY, OHIO MOTION TO INTERVENE AND ) FILE COMPLAINT INSTANTER The City of Akron hereby moves this court to intervene in the above Ohio Revised Code Section 313.19 action pursuant to Ohio Civil Rule of Procedure 24(A)(2). Civil Rule 24(A)(2) provides: Civil Rule 24 - Intervention (A) _ Intervention of Right Upon timely application anyone may be permitted to intervene in an action: (2) when the applicant claims an interest relating to the property or transaction which is the subject of the action and he is so situated that the disposition of the action may as a practical matter impair or impede his ability to protect that interest, unless the applicant's interest is adequately represented by existing parties. The City of Akron and nine individual police officers were sued in United States District Court for the Northen District of Ohio in Case No. 5:07 CV 27 and served on or about February 8, 2007 alleging both federal and state claims because of their encounter with DennisCOPY Hyde. This lawsuit claims civil rights violations and pendent State claims as well as other claims. The lawsuit entitled Kenneth Goebel, Adm. et al. v. The City of Akron, et al. filed by Dennis Hyde's estate representative claims that the use of a Taser by Akron police was a contributing cause of his death. Immediately before the actual filing of this lawsuit by Hyde's estate, counsel for his estate submitted the autopsy report of the Summit County Medical Examiner to the City as support for the lawsuit. The homicide ruling of the Summit County Medical Examiner's office as the manner of death of Dennis Hyde is the City's distinct interest in this Ohio Revised Code Section 313.19 case. The Medical Examiner's findings in this case as to the cause and manner of death directly affect the interests of the City of Akron because of the civil litigation brought against the City and its police officers based on these findings articulated by the Summit County Medical Examiner relating to the death of Dennis Hyde. These findings by the Medical Examiner are accorded presumptive value unless this court directs the Summit County Medical Examiner to change her decision as to the cause and manner of death. R.C. 313.19 states: The cause of death and the manner and mode in which the death occurred, as delivered by the coroner and incorporated in the coroner's verdict and in the death certificate filed with the division of vital statistics, shall be the legally accepted manner and mode in which such death occurred, and the legally accepted cause of death, unless the court of common pleas of the county in which the death occurred, after a hearing, directs the coroner to change his decision as to such cause and manner and mode of death. While Taser International is specifically litigating the use of its Taser device and its inclusion as a contributing factor in Dennis Hyde's death, the City of Akron's interest centersCOPY not only in removing the Taser as a contributing factor but also in changing the ruling of homicide. The City, as distinguished by Taser's described interest in its device as a cause of death, is also interested in the Medical Examiner's manner of death ruling as a homicide. Since this Medical Examiner's report may constitute admissible evidence in a civil action, it adversely affects the interests of the City of Akron and its officers as it now stands. See Ohio Revised Code Section 313.10. The Ohio Supreme Court has consistently held that Rule 24(A)(2) must be liberally construed to permit intervention. See Ohio Dept. of Admin. Serv., Officer of Collective Bargaining v. State Emp. Relations Bd. (1990), 54 Ohio St.3d 48, 51; State ex rel Watkins v. Eighth District Court of Appeals (1998), 82 Ohio St. 3d 532, 534 (recognizing a "duty to liberally construe Civ. R. 24 in favor of intervention"); State ex rel Smith v. Frost, 74 Ohio St. 3d 107, 108, 1995-Ohio-0265. Based on the reasons set forth, the City is entitled to intervene in this action. Further, Ohio Revised Code Section 313.19 entitles the City to seek review of the Medical Examiner's decision by its own lawsuit. Rather than file a separate lawsuit, the City seeks intervention in this action. Even if the Court does not permit intervention as a right under Civil Rule 24(A), the City is entitled to permissive intervention under Rule 24(B). The City has a specific interest in the coroner's ruling of homicide as it affects the City of Akron and its officers. The City's complaint is attached hereto as Exhibit #1.COPY Jn consideration of Ohio law which favors liberal construction in favor of intervention, the City of Akron must be permitted to intervene in this action. Ohio Consumers' Counsel v. Public Utilities Commission, 111 Ohio St. 3d 384, 2006-Ohio-5853. Respectfully submitted, Max Rothal - No. 0009431 Director of Law Patricia Ambrose Rubright - No. 000443 Michael J. Defibaugh - No. 0072683 Assistant Directors of Law 161 S. High Street, Suite 202 Akron, Ohio 44308 (330) 375-2030 FAX: (330) 375-2041 Ambropa@ci.akron.oh.us Defibmi@ci.akron.oh.usCOPY PROOF OF SERVICE This is to certify that a true and accurate copy of the foregoing Motion to Intervene was sent via regular U.S. Mail this day of March, 2007 to: John F. Manley, Esquire Chief Counsel, Civil Division Prosecuting Attorney, County of Summit 6th Floor 53 University Avenue Akron, Ohio 44308-1680 Counsel for Lisa Kohler, M.D. Kathleen M. Anderson Barnes & Thornburg, LLP 600 One Summit Square Fort Wayne, Indian 46802 John R. Maley Barnes & Thornburg, LLP 11 South Meridian Street Indianapolis, Indiana 46204 R. Scot Harvey Millisor & Nobil Co, LPA Suite 300 9150 South Hills Boulevard Broadview Heights, Ohio 44147-3599 Patricia Ambrose RubrightCOPY MR/PAR/MJD/keh 03-23-07 IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CITY OF AKRON ) CASE NO. 2006-11-7421 c/o Max Rothal 161 South High Street, Suite 202 ) Akron, Ohio 44308 ) Plaintiff ) JUDGE BRENDA UNRUH Vv. JUDGE TED SCHNEIDERMAN ) (Sitting by Assignment) CHIEF MEDICAL EXAMINER OF SUMMIT COUNTY, OHIO ) CITY OF AKRON'S a.k.a. LISA KOHLER, M.D. INTERVENING c/o John Manley, 53 University Avenue, 6th Floor ) COMPLAINT TO CORRECT Akron, Ohio 44308-1680 MANNER OF DEATEL ) DETERMINATION Defendant INSTANTER ) Plaintiff, City of Akron, through undersigned counsel, states for its Complaint against Defendant, County of Summit, Ohio, Chief Medical Examiner, as follows: 1. The City of Akron is a municipal corporation located in County of Summit, Ohio and has established a Department of Public Safety, Police Division. The County of Summit is a Charter county located in the State of Ohio. Lisa Kohler is the duly-appointed Chief Medical Examiner for County of Summit, Ohio and is responsible for determining the cause, manner and mode of otherwise unexplained deaths in Summit County. This is an action under Ohio Revised Code §313.19 for judicial review of the Medical Examiner's manner of death determination for Dennis Hyde, who died on or about January 5, 2005 in Summit County, Ohio. On the day of Dennis Hyde's death, City of Akron police officers were dispatched to 965 Triplett Blvd., Akron, Ohio reference an Aggravated Burglary in response to the occupant's hysterical "911" call while the burglary was in progress. Dennis Hyde broke out the front window of the residence, inflicting a 4.5 centimeter laceration to his wrist, severing tendons and his radial artery causing a loss of substantial amounts of blood. EXHIBIT -1COPY 10. 11. 12. 13. 14. 15. 16. Akron police officers found Hyde hiding inside the residence, shirtless, covered in blood, hiding in a dark basement, and yelling that he was Satan and that he intended to kill the officers. Akron police officers observed blood on the broken window and a blood trail through the living room, dining room, kitchen, and basement of the residence. Akron police officers called City of Akron Emergency Medical Services ("EMS") to the scene due to the amount of blood observed in and around the residence. Hyde exhibited extreme behavior, including projectile vomiting, claims of being Satan, laughing and threatening police officers, and throwing objects, including a vase and air conditioner at police officers. Akron police officers attempted to take Hyde into custody by deploying their Tasers, but the subject continued to ignore the police officers' commands. EMS treated Dennis Hyde's injuries, specifically the self-inflicted laceration to his wrist. Several minutes later, Dennis Hyde lost consciousness and EMS noted that he was in cardiac asystole, i.e. no heart activity, and Hyde was taken to Akron City Hospital, Summit County, Ohio where he was ultimately pronounced dead. The Medical Examiner or her agents identified large amounts of methamphetamine in Dennis Hyde's body at the time of his death. In addition, Hyde suffered from an underlying psychiatric illness and lost significant amounts of blood from a deep laceration in his left wrist. In the Report of Autopsy, Dr. Kohler opined: The decedent was a 30 year old male who died due to probable cardiac arrhythmia caused by the combined effects of methamphetamine intoxication and electrical pulse incapacitation. Blood loss from injuries sustained prior to the altercation and apparent underlying psychiatric illness are contributory factors to the death. Because the electro-muscular disruption effect of the M26 Taser is an "inflicted" force, the Manner of Death is ruled homicide. The autopsy demonstrated no evidence of asphyxia or significant blunt force trauma related to restraint. The intrapleural installation of crystalloid incurred during emergent resuscitative attempts does not mechanicistically contribute to the decedent's death. The Medical Examiner ruled: Cause of Death: Probable cardiac arrhythmia Due to: Acute methamphetamine intoxication and electrical pulse incapacitation. Contributory Conditions: Psychiatric disorder with agitated behavior, blood loss by arterial injury. Manner of Death: Homicide; Sudden Death incurred during restraintCOPY 17. 18. 19. 20. 21. 22. 23. 24. 25. The Medical Examiner ruled that Hyde's manner of death was "Homicide" although no medical, scientific, or engineering evidence exists that the Taser deployment caused Hyde's death and the Medical Examiner concluded that no other external forces caused his death. The City of Akron and nine individual police officers were sued in United States District Court for the Northern District of Ohio in Kenneth Goebel, et al. v. The City of Akron, et al. Case No. 5:07 CV 27 and were served on or about February 8, 2007 alleging both federal and state claims as a result of their encounter with Dennis Hyde on January 5, 2005. Immediately before filing the lawsuit by Hyde's estate, counsel for his estate submitted the autopsy report of the Summit County Medical Examiner to the City as support for the lawsuit. The erroneous homicide ruling of the Summit County Medical Examiner's office as the manner of death of Dennis Hyde is the City of Akron's and the individual officers’ separate interests in this case. The Medical Examiner's finding that Dennis Hyde's manner of death was a homicide directly affects the City of Akron and its police officers. The findings of the Summit County Medical Examiner are accorded presumptive value unless this Court directs the Medical Examiner to change her decision as to the cause and manner of death. The Summit County Medical Examiner lacks any evidence that Dennis Hyde's death was a homicide. There is no medical or scientific basis for the Medical Examiner's manner of death determination to implicate City of Akron police officers. Dennis Hyde's death was not caused by City of Akron police officers based on competent, credible evidence. A full review of the facts and evidence surrounding Dennis Hyde's death will confirm that his manner of death clearly was not homicide and the report of autopsy must be changed. Relief Requested WHEREFORE, City of Akron requests that the Court: Order a full evidentiary hearing to determine the appropriateness of the Medical Examiner's ruling that Dennis Hyde's manner of death was homicide. Order a change in the Medical Examiner's manner of death determination for Dennis Hyde, following such a hearing, to eliminate homicide as the manner of death.COPY 3. Grant City of Akron all other relief just and proper under the law. Respectfully submitted, Max Rothal - No. 0009431 Director of Law Maddue ll A. \urd Patricia Ambrage Rublight - No. 0009435 Ambropa@ci.akron.oh.us Michael J. Defibaugh - No. 0072683 Defibmi@ci.akron.oh.us Assistant Directors of Law 161 S. High Street, Suite 202 Akron, Ohio 44308 (330) 375-2030 FAX: (330) 375-2041COPY PROOF OF SERVICE This is to certify that a true and accurate copy of the foregoing Complaint to Correct Manner of Death Determination was sent this 3 )L_ day of March, 2007 to: John F. Manley, Esquire Chief Counsel, Civil Division Prosecuting Attorney, County of Summit 6th Floor 53 University Avenue Akron, Ohio 44308-1680 Counsel for Lisa Kohler, M.D. Kathleen M. Anderson Barnes & Thornburg, LLP 600 One Summit Square Fort Wayne, Indian 46802 John R. Maley Barnes & Thornburg, LLP 11 South Meridian Street Indianapolis, Indiana 46204 R. Scot Harvey Millisor & Nobil Co, LPA Suite 300 9150 South Hills Boulevard Broadview Heights, Ohio 44147-3599 Michael J.