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ELECTRONICALLY FILED
COURT OF COMMON PLEAS
iI 13, 2016 3:53:34 PM
CASE NUMBER: 2016 CV 01736 Docket ID: 29487920
GREGORY A BRUSH
CLERK OF COURTS MONTGOMERY COUNTY OHIO
C. Jessica Pratt (0087210)
Counsel for Defendants,
St. Leonard, Franciscan Living Communities
And The Franciscan at St. Leonard
IN THE COURT OF COMMON PLEAS
MONTGOMERY COUNTY, OHIO
CIVIL DIVISION
CLIFFORD REEVES and CASE NO.: 2016 CV 01736
DEBORAH REEVES,
(Judge )
Plaintiffs,
ANSWER OF DEFENDANTS, ST.
Vv. LEONARD, FRANCISCAN LIVING
COMMUNITIES AND THE
ST. LEONARD, et al., FRANCISCAN AT ST. LEONARD.
TO PLAINTIFFS’ COMPLAINT
Defendants.
(Jury Demand Endorsed Hereon)
Comes now Defendants, St. Leonard, Franciscan Living Communities and The
Franciscan at St. Leonard (hereinafter referred to as “Defendants”), and for their
Answer to Plaintiffs’ Complaint, states:
FIRST DEFENSE
COUNTI
1 Defendants are without knowledge sufficient to form a belief as to the
truth of the allegations set forth in Paragraph 1 of Plaintiffs’ Complaint and can
therefore neither admit nor deny said allegations.
2 Defendants deny the allegations set forth in Paragraphs 2, 3 and 4 of
Plaintiffs’ Complaint, as stated.
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3 Defendants are without knowledge sufficient to form a belief as to the
truth of the allegations set forth in Paragraph 5 of Plaintiffs’ Complaint and can
therefore neither admit nor deny said allegations.
4. Defendants deny the allegations set forth in Paragraph 6 of Plaintiffs’
Complaint.
5 Defendants are without knowledge sufficient to form a belief as to the
truth of the allegations set forth in Paragraph 7 of Plaintiffs’ Complaint and can
therefore neither admit nor deny said allegations.
6. Defendants deny the allegations set forth in Paragraph 8 of Plaintiffs’
Complaint, as stated.
7: Defendants deny the allegations set forth in Paragraphs 9 through 13 of
Plaintiffs’ Complaint.
8 Defendants deny the allegations and Plaintiffs’ entitlement to judgment as
set forth in the “Wherefore” paragraph at the conclusion of Count I of Plaintiffs’
Complaint.
COUNT II
9 Paragraph 14 of Plaintiffs’ Complaint contains no allegations and/or
statements that require an admission or denial from these Defendants.
10. The allegations set forth in Paragraphs 15 through 18 of Plaintiffs’
Complaint are not directed to these answering Defendants, and thus require no
response from these Defendants. To the extent that said allegations are intended to
allege negligence as to these answering Defendants, Defendants deny same.
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11. The allegations and entitlement to judgment set forth in the “Wherefore”
paragraph at the conclusion of Count II of Plaintiffs’ Complaint are not directed to these
answering Defendants, and thus require no response from these Defendants. To the
extent that said allegations are intended to allege negligence as to these answering
Defendants, Defendants deny same.
12. Defendants deny each and every allegation not specifically admitted or
denied herein, including but not limited to all allegations of negligence asserted by
Plaintiffs.
SECOND DEFENSE
13. Plaintiffs’ Complaint fails to state a claim upon which relief can be
granted.
THIRD DEFENSE
14. Plaintiffs have failed to join all parties required for the just and complete
adjudication of their claims.
FOURTH DEFENSE
15. Plaintiffs’ Complaint should be dismissed for insufficiency of process
and/or insufficiency of service of process.
FIFTH DEFENSE
16 Plaintiffs’ Complaint is barred, in whole or in part, by the applicable
statute of limitations.
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SIXTH DEFENSE
17. Defendants assert by reference, as if fully written here, any and all
affirmative defenses available to them under Ohio Rules of Civil Procedure 8 and 12.
SEVENTH DEFENSE
18. Plaintiff voluntarily assumed the risk barring any recovery.
EIGHTH DEFENSE
19. If Plaintiffs suffered any injuries and/or damages as alleged, which
allegations are denied, such injuries and/or damages were the result of Plaintiffs’ own
acts, omissions and/or negligence, thereby eliminating entirely or reducing
proportionately any liability on the part of these answering Defendants.
NINTH DEFENSE
20. The injuries and/or damages alleged in Plaintiffs’ Complaint, which are
denied, are the result of a pre-existing injury, condition and/or underlying pathology.
Accordingly, the acts and/or omissions of these answering Defendants cannot be
deemed either the direct or proximate cause of Plaintiffs’ alleged injuries and/or
damages. Nor may said injuries and/or damages be attributed, in whole or in part, to
these answering Defendants.
TENTH DEFENSE
21. If Plaintiffs sustained injuries and/or damages as a result of the acts
and/or omissions of any person, which allegations are denied, such injuries and/or
damages are the result of acts and/or omissions of persons not under the direction,
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supervision and/or control of these answering Defendants, and for whom Defendants
are not liable.
ELEVENTH DEFENSE
22. If Plaintiffs suffered any injuries and/or damages as alleged, which
allegations are denied, such injuries and/or damages are the result of an unforeseeable
and untoward event(s) and/or circumstance(s) over which these answering Defendants
had no control, thereby constituting and act of God for which these answering
Defendants cannot be liable.
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TWELFTH DEFENSE
23. If Plaintiffs suffered any injuries and/or damages as alleged, which
allegations are denied, such injuries and/or damages are the result of a
superseding intervening cause, thereby effectively eliminating any liability on the
part of these answering Defendants.
THIRTEENTH DEFENSE
24. These answering Defendants acted like a reasonable healthcare
facility under like or similar circumstances at all relevant times hereto.
FOURTEENTH DEFENSE
25. Plaintiffs have failed to mitigate their damages.
FIFTEENTH DEFENSE
26. Defendants are entitled to a set-off of any proceeds paid by any
alleged tortfeasor arising out of the incident that is the subject of Plaintiffs’
Complaint.
SIXTEENTH DEFENSE
27. If these answering Defendants are determined to be liable for any of
Plaintiffs’ alleged injuries and/or damages, which allegations are denied, these
Defendants should only be responsible for their proportionate share of said
injuries and/or damages and hereby specifically request apportionment of any
verdict or award that may be entered in favor/on behalf of any Plaintiff herein as
it relates to the liability of any individual or entity who may bear responsibility
for such an award, regardless of whether said persons/entities were or could have
ever been included as parties to this action.
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SEVENTEENTH DEFENSE
28. Plaintiffs’ alleged injuries and/or damages, which allegations are
denied, occurred in the absence of any negligence on the part of these answering
Defendants, their employees, agents and/or representatives.
EIGHTEENTH DEFENSE
29. Defendants hereby give notice that they intend to rely upon, utilize
and assert any and all additional affirmative defenses that may become apparent or
relevant during the course of discovery and thereafter. Accordingly, Defendants
further reserve their right to amend their Answer to assert the same.
WHEREFORE, having fully answered, Defendants, St. Leonard,
Franciscan Living Communities and The Franciscan at St. Leonard, hereby pray
for judgment against Plaintiffs and request that:
1, Plaintiffs take nothing by this action;
2 Plaintiffs’ Complaint be dismissed with prejudice to re-filing;
3 Defendants be awarded costs, fees and expenses incurred thus far;
and
Defendants also be awarded any such additional relief that this
Court may deem proper, whether in law or equity.
Respectfully submitted,
RENDIGS, FRY, KIELY & DENNIS, LLP
[sf
Jessicw
Pratt
C. Jessica Pratt (0087210)
600 Vine Street, Suite 2650
Cincinnati, OH 45202
513-381-9200 (telephone)
513-381-9206 (fax)
jpratt@rendigs.com
Counsel for Defendants,
St. Leonard, Franciscan Living
Communities and The Franciscan
at St. Leonard
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JURY DEMAND
Defendants hereby demand a jury trial.
Lf Jessicw Pratt
C. Jessica Pratt
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CERTIFICATE OF SERVICE
I hereby certify that on April 13, 2016 the foregoing Answer was
filed with the Clerk of the Court by using the ECG system, which will send notice
to all parties of record.
I further certify that a true and accurate copy of the foregoing Answer has
been served upon the following by first-class U.S. mail, postage prepaid on this
the 13" day of April, 2016:
Aaron G. Durden
DURDEN LAW, L.P.A., LLC
10 West Monument Avenue
Dayton, Ohio 45402
(937) 461-9400
(937) 222-1841 (facsimile)
agdlawyer@aol.com
Attorney for Plaintiff
Community Insurance Company
CT Corporation System
1300 East Ninth Street
Cleveland, Ohio 44114
Lif Jessica Proat
C. Jessica Pratt
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Preview
ELECTRONICALLY FILED COURT OF COMMON PLEAS iI 13, 2016 3:53:34 PM CASE NUMBER: 2016 CV 01736 Docket ID: 29487920 GREGORY A BRUSH CLERK OF COURTS MONTGOMERY COUNTY OHIO C. Jessica Pratt (0087210) Counsel for Defendants, St. Leonard, Franciscan Living Communities And The Franciscan at St. Leonard IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY, OHIO CIVIL DIVISION CLIFFORD REEVES and CASE NO.: 2016 CV 01736 DEBORAH REEVES, (Judge ) Plaintiffs, ANSWER OF DEFENDANTS, ST. Vv. LEONARD, FRANCISCAN LIVING COMMUNITIES AND THE ST. LEONARD, et al., FRANCISCAN AT ST. LEONARD. TO PLAINTIFFS’ COMPLAINT Defendants. (Jury Demand Endorsed Hereon) Comes now Defendants, St. Leonard, Franciscan Living Communities and The Franciscan at St. Leonard (hereinafter referred to as “Defendants”), and for their Answer to Plaintiffs’ Complaint, states: FIRST DEFENSE COUNTI 1 Defendants are without knowledge sufficient to form a belief as to the truth of the allegations set forth in Paragraph 1 of Plaintiffs’ Complaint and can therefore neither admit nor deny said allegations. 2 Defendants deny the allegations set forth in Paragraphs 2, 3 and 4 of Plaintiffs’ Complaint, as stated. 12272\0001 1\1486555.v1-4/11/16 3 Defendants are without knowledge sufficient to form a belief as to the truth of the allegations set forth in Paragraph 5 of Plaintiffs’ Complaint and can therefore neither admit nor deny said allegations. 4. Defendants deny the allegations set forth in Paragraph 6 of Plaintiffs’ Complaint. 5 Defendants are without knowledge sufficient to form a belief as to the truth of the allegations set forth in Paragraph 7 of Plaintiffs’ Complaint and can therefore neither admit nor deny said allegations. 6. Defendants deny the allegations set forth in Paragraph 8 of Plaintiffs’ Complaint, as stated. 7: Defendants deny the allegations set forth in Paragraphs 9 through 13 of Plaintiffs’ Complaint. 8 Defendants deny the allegations and Plaintiffs’ entitlement to judgment as set forth in the “Wherefore” paragraph at the conclusion of Count I of Plaintiffs’ Complaint. COUNT II 9 Paragraph 14 of Plaintiffs’ Complaint contains no allegations and/or statements that require an admission or denial from these Defendants. 10. The allegations set forth in Paragraphs 15 through 18 of Plaintiffs’ Complaint are not directed to these answering Defendants, and thus require no response from these Defendants. To the extent that said allegations are intended to allege negligence as to these answering Defendants, Defendants deny same. 12272\0001 1\1486555.v1-4/11/16 11. The allegations and entitlement to judgment set forth in the “Wherefore” paragraph at the conclusion of Count II of Plaintiffs’ Complaint are not directed to these answering Defendants, and thus require no response from these Defendants. To the extent that said allegations are intended to allege negligence as to these answering Defendants, Defendants deny same. 12. Defendants deny each and every allegation not specifically admitted or denied herein, including but not limited to all allegations of negligence asserted by Plaintiffs. SECOND DEFENSE 13. Plaintiffs’ Complaint fails to state a claim upon which relief can be granted. THIRD DEFENSE 14. Plaintiffs have failed to join all parties required for the just and complete adjudication of their claims. FOURTH DEFENSE 15. Plaintiffs’ Complaint should be dismissed for insufficiency of process and/or insufficiency of service of process. FIFTH DEFENSE 16 Plaintiffs’ Complaint is barred, in whole or in part, by the applicable statute of limitations. 12272\0001 1\1486555.v1-4/11/16 SIXTH DEFENSE 17. Defendants assert by reference, as if fully written here, any and all affirmative defenses available to them under Ohio Rules of Civil Procedure 8 and 12. SEVENTH DEFENSE 18. Plaintiff voluntarily assumed the risk barring any recovery. EIGHTH DEFENSE 19. If Plaintiffs suffered any injuries and/or damages as alleged, which allegations are denied, such injuries and/or damages were the result of Plaintiffs’ own acts, omissions and/or negligence, thereby eliminating entirely or reducing proportionately any liability on the part of these answering Defendants. NINTH DEFENSE 20. The injuries and/or damages alleged in Plaintiffs’ Complaint, which are denied, are the result of a pre-existing injury, condition and/or underlying pathology. Accordingly, the acts and/or omissions of these answering Defendants cannot be deemed either the direct or proximate cause of Plaintiffs’ alleged injuries and/or damages. Nor may said injuries and/or damages be attributed, in whole or in part, to these answering Defendants. TENTH DEFENSE 21. If Plaintiffs sustained injuries and/or damages as a result of the acts and/or omissions of any person, which allegations are denied, such injuries and/or damages are the result of acts and/or omissions of persons not under the direction, 12272\00011\1486555.v1-4/11/16 supervision and/or control of these answering Defendants, and for whom Defendants are not liable. ELEVENTH DEFENSE 22. If Plaintiffs suffered any injuries and/or damages as alleged, which allegations are denied, such injuries and/or damages are the result of an unforeseeable and untoward event(s) and/or circumstance(s) over which these answering Defendants had no control, thereby constituting and act of God for which these answering Defendants cannot be liable. 12272\0001 1\1486555.v1-4/11/16 TWELFTH DEFENSE 23. If Plaintiffs suffered any injuries and/or damages as alleged, which allegations are denied, such injuries and/or damages are the result of a superseding intervening cause, thereby effectively eliminating any liability on the part of these answering Defendants. THIRTEENTH DEFENSE 24. These answering Defendants acted like a reasonable healthcare facility under like or similar circumstances at all relevant times hereto. FOURTEENTH DEFENSE 25. Plaintiffs have failed to mitigate their damages. FIFTEENTH DEFENSE 26. Defendants are entitled to a set-off of any proceeds paid by any alleged tortfeasor arising out of the incident that is the subject of Plaintiffs’ Complaint. SIXTEENTH DEFENSE 27. If these answering Defendants are determined to be liable for any of Plaintiffs’ alleged injuries and/or damages, which allegations are denied, these Defendants should only be responsible for their proportionate share of said injuries and/or damages and hereby specifically request apportionment of any verdict or award that may be entered in favor/on behalf of any Plaintiff herein as it relates to the liability of any individual or entity who may bear responsibility for such an award, regardless of whether said persons/entities were or could have ever been included as parties to this action. 12272\0001 1\1486555.v1-4/11/16 SEVENTEENTH DEFENSE 28. Plaintiffs’ alleged injuries and/or damages, which allegations are denied, occurred in the absence of any negligence on the part of these answering Defendants, their employees, agents and/or representatives. EIGHTEENTH DEFENSE 29. Defendants hereby give notice that they intend to rely upon, utilize and assert any and all additional affirmative defenses that may become apparent or relevant during the course of discovery and thereafter. Accordingly, Defendants further reserve their right to amend their Answer to assert the same. WHEREFORE, having fully answered, Defendants, St. Leonard, Franciscan Living Communities and The Franciscan at St. Leonard, hereby pray for judgment against Plaintiffs and request that: 1, Plaintiffs take nothing by this action; 2 Plaintiffs’ Complaint be dismissed with prejudice to re-filing; 3 Defendants be awarded costs, fees and expenses incurred thus far; and Defendants also be awarded any such additional relief that this Court may deem proper, whether in law or equity. Respectfully submitted, RENDIGS, FRY, KIELY & DENNIS, LLP [sf Jessicw Pratt C. Jessica Pratt (0087210) 600 Vine Street, Suite 2650 Cincinnati, OH 45202 513-381-9200 (telephone) 513-381-9206 (fax) jpratt@rendigs.com Counsel for Defendants, St. Leonard, Franciscan Living Communities and The Franciscan at St. Leonard 42272\0001 1\1486555.v1-4/11/16 JURY DEMAND Defendants hereby demand a jury trial. Lf Jessicw Pratt C. Jessica Pratt 12272\00011\1486555.v1-4/11/16 CERTIFICATE OF SERVICE I hereby certify that on April 13, 2016 the foregoing Answer was filed with the Clerk of the Court by using the ECG system, which will send notice to all parties of record. I further certify that a true and accurate copy of the foregoing Answer has been served upon the following by first-class U.S. mail, postage prepaid on this the 13" day of April, 2016: Aaron G. Durden DURDEN LAW, L.P.A., LLC 10 West Monument Avenue Dayton, Ohio 45402 (937) 461-9400 (937) 222-1841 (facsimile) agdlawyer@aol.com Attorney for Plaintiff Community Insurance Company CT Corporation System 1300 East Ninth Street Cleveland, Ohio 44114 Lif Jessica Proat C. Jessica Pratt 12272\00011\1486555.v1-4/11/16