Preview
ELECTRONICALLY FILED
COURT OF COMMON PLEAS
, August 16, 2011 2:07:50
PM
Case NUMBER: 2011 CV 05864 Docket ID: 16402240
GREGORY A BRUSH
CLERK OF COURTS MONTGOMERY COUNTY OHIO
IN THE COURT OF COMMON PLEAS
MONTGOMERY COUNTY, OHIO
JESSICA C, LOPEZ Case No.
9500 Moorgate Court
Centerville, Ohio 45458 (Judge )
Plaintiff,
VS.
LISSA Y. JACKSON
1316 W. Grand Avenue, #1
Dayton, Ohio 45402,
and
THE CINCINNATI INSURANCE CO, COMPLAINT FOR PERSONAL
c/o Bruce S. Fisher, Statutory Agent INJURIES AND LOST INCOME
6200 South Gilmore Road
Fairfield, Ohio 45014-5141 (Jury Demand Endorsed Hereon)
Defendants.
Plaintiff, JESSICA C. LOPEZ, for her Complaint for Personal Injuries against
Defendants, LISSA Y. JACKSON, and THE CINCINNATI INSURANCE CO., states
and alleges as follows.
I PARTIES, JURISDICTION AND VENUE
L Plaintiff, JESSICA C. LOPEZ, is a citizen and resident of Centerville,
Ohio.
2. At all relevant times, Defendant, LISSA Y. JACKSON (“Jackson”), was a
citizen and resident of Dayton, Ohio
3. Defendant, THE CINCINNATI INSURANCE CO. (hereinafter, “CIC”), is
a property and casualty insurer, which is licensed and otherwise authorized to issue
automobile insurance policies and other types of insurance policies in Ohio.
4. Upon information and belief, Plaintiff was at all relevant times a CIC
insured under an automobile policy containing medical payments and underinsured
motorist coverage.
5: Upon information and belief, Plaintiff was also at all relevant times a CIC
insured under an umbrella policy.
Il. FACTS COMMON TO ALL CLAIMS
6. At approximately 5:26 p.m. on August 20, 2009, Plaintiff was an
eastbound motorist stopped in traffic on Alex Bell Road near the intersection of Mad
River Road in Washington Township, Ohio.
7: At the same time, Jackson was behind Plaintiff traveling eastbound on
Alex Bell Road approaching the intersection of Mad River Road in Washington
Township, Ohio.
8. At such time and place, Jackson failed to maintain an assured clear
distance between her and Plaintiff thus colliding with Plaintiff (hereinafter, the
“Collision”).
9. After the Collision, the Montgomery County Sheriffs Office cited
Jackson for failing to maintain and assured clear distance, in violation of Section
4511.21(A) of the Ohio Revised Code.
10. On August 27, 2009, Jackson waived her right to a court trial by paying
the aforementioned citation. She was later found guilty of the offense of failure to
maintain an assured clear distance in City of Kettering v. Lissa Jackson, Case No.
2009-TRD-09297.
FIRST CLAIM FOR RELIEF
(Negligence Per Se)
11. Plaintiff restates and incorporates by reference the allegations in
Paragraphs 1 through 10 herein as if fully rewritten.
12. Pursuant to Section 4511.21(A) of the Ohio Revised Code, Jackson had
astatutory duty to maintain an assured clear distance from the traffic ahead of her.
13. Jackson breached the duty imposed upon her by Section 4511.21(A) of
the Ohio Revised Code thereby causing the Collision.
14. Atsuch time and place, Plaintiff was operating her automobile safely,
and in conformity with all applicable traffic laws and local ordinances.
15. Asa direct and proximate result of the Collision, Plaintiff has suffered
personal injuries, medical expenses, pain, suffering, disability, emotional distress,
and other economic and non-economic losses, all in an amount exceeding $25,000
and to be proven at trial.
16. Jackson’s breach of the duty imposed upon her by Section 4511.21(A) of
the Ohio Revised Code, causing the Collision and damage to Plaintiff, constitutes
negligence per se.
SECOND CLAIM FOR RELIEF
(Ordinary Negligence)
17. Plaintiff restates and incorporates by reference the allegations in
Paragraphs 1 through 16 herein as if fully rewritten.
18. Atall relevant times, Jackson owed Plaintiff a duty of reasonable care to
operate her automobile safely.
19. Jackson breached her aforementioned duty of care by failing to maintain
an assured clear distance between her and Plaintiff's stopped vehicle.
20. Asa direct and proximate result of her breach of duty to maintain an
assured clear distance between her and Plaintiff, Jackson collided with Plaintiff.
21. At such time and place, Plaintiff was operating her automobile safely,
and in conformity with all applicable traffic laws and local ordinances.
22. Asa direct and proximate result of the Collision and of Jackson’s
negligence, Plaintiff has suffered personal injuries, medical expenses, pain, suffering,
disability, emotional distress, and other economic and non-economic losses, all in an
amount exceeding $25,000 and to be proven at trial.
THIRD CLAIM FOR RELIEF
(UIM and Umbrella Coverage Benefits against CIC)
23. Plaintiff restates and incorporates by reference the allegations in
Paragraphs 1 through 22 herein as if fully rewritten.
24. On August 20, 2009, Plaintiff had uninsured/underinsured motorist
coverage under a CIC automobile policy.
25. Upon information and belief, on August 20, 2009, Plaintiff was also a
beneficiary under a CIC umbrella policy.
26. Upon information and belief, Jackson was at all relevant times an
underinsured motorist as defined in Section 3937.18 of the Ohio Revised Code and in
the CIC automobile policy.
27. Because Jackson was an underinsured motorist, Plaintiff is entitled to
uninsured/underinsured motorist benefits under the CIC automobile policy and
other benefits under the CIC umbrella policy in an amount to be determined at trial,
which amount exceeds $25,000.
WHEREFORE, Plaintiff, JESSICA C. LOPEZ, demands judgment against the
defendants for damages exceeding $25,000 and to be proven at trial, for the costs of
these proceedings, and for such other and further relief to which they may be
entitled.
Respectfully submitted,
/s/ Gregory M. Gantt |
Gregory M. Gantt (0064414) Thomas J. Intili, Trial Attorney (0036843)
GREGORY M. GANTT CO., L.P.A. Danielle A. Groves (0081136)
130 West Second Street, Suite 310 THOMAS J. INTILI CO., L.P.A.
Dayton, Ohio 45402-1534 40 North Main Street
(937) 227.3554 1500 Kettering Tower
Email: gantt@donet.com Dayton, Ohio 45423-1001
(937) 226-1770; Fax: (937) 223-1511
E-mail: tom@tjilaw.com
danielle@tjilaw.com
Attorneys for Plaintiff
JURY DEMAND
Plaintiff demands a trial by jury as to all issues so triable.
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ELECTRONICALLY FILED COURT OF COMMON PLEAS , August 16, 2011 2:07:50 PM Case NUMBER: 2011 CV 05864 Docket ID: 16402240 GREGORY A BRUSH CLERK OF COURTS MONTGOMERY COUNTY OHIO IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY, OHIO JESSICA C, LOPEZ Case No. 9500 Moorgate Court Centerville, Ohio 45458 (Judge ) Plaintiff, VS. LISSA Y. JACKSON 1316 W. Grand Avenue, #1 Dayton, Ohio 45402, and THE CINCINNATI INSURANCE CO, COMPLAINT FOR PERSONAL c/o Bruce S. Fisher, Statutory Agent INJURIES AND LOST INCOME 6200 South Gilmore Road Fairfield, Ohio 45014-5141 (Jury Demand Endorsed Hereon) Defendants. Plaintiff, JESSICA C. LOPEZ, for her Complaint for Personal Injuries against Defendants, LISSA Y. JACKSON, and THE CINCINNATI INSURANCE CO., states and alleges as follows. I PARTIES, JURISDICTION AND VENUE L Plaintiff, JESSICA C. LOPEZ, is a citizen and resident of Centerville, Ohio. 2. At all relevant times, Defendant, LISSA Y. JACKSON (“Jackson”), was a citizen and resident of Dayton, Ohio 3. Defendant, THE CINCINNATI INSURANCE CO. (hereinafter, “CIC”), is a property and casualty insurer, which is licensed and otherwise authorized to issue automobile insurance policies and other types of insurance policies in Ohio. 4. Upon information and belief, Plaintiff was at all relevant times a CIC insured under an automobile policy containing medical payments and underinsured motorist coverage. 5: Upon information and belief, Plaintiff was also at all relevant times a CIC insured under an umbrella policy. Il. FACTS COMMON TO ALL CLAIMS 6. At approximately 5:26 p.m. on August 20, 2009, Plaintiff was an eastbound motorist stopped in traffic on Alex Bell Road near the intersection of Mad River Road in Washington Township, Ohio. 7: At the same time, Jackson was behind Plaintiff traveling eastbound on Alex Bell Road approaching the intersection of Mad River Road in Washington Township, Ohio. 8. At such time and place, Jackson failed to maintain an assured clear distance between her and Plaintiff thus colliding with Plaintiff (hereinafter, the “Collision”). 9. After the Collision, the Montgomery County Sheriffs Office cited Jackson for failing to maintain and assured clear distance, in violation of Section 4511.21(A) of the Ohio Revised Code. 10. On August 27, 2009, Jackson waived her right to a court trial by paying the aforementioned citation. She was later found guilty of the offense of failure to maintain an assured clear distance in City of Kettering v. Lissa Jackson, Case No. 2009-TRD-09297. FIRST CLAIM FOR RELIEF (Negligence Per Se) 11. Plaintiff restates and incorporates by reference the allegations in Paragraphs 1 through 10 herein as if fully rewritten. 12. Pursuant to Section 4511.21(A) of the Ohio Revised Code, Jackson had astatutory duty to maintain an assured clear distance from the traffic ahead of her. 13. Jackson breached the duty imposed upon her by Section 4511.21(A) of the Ohio Revised Code thereby causing the Collision. 14. Atsuch time and place, Plaintiff was operating her automobile safely, and in conformity with all applicable traffic laws and local ordinances. 15. Asa direct and proximate result of the Collision, Plaintiff has suffered personal injuries, medical expenses, pain, suffering, disability, emotional distress, and other economic and non-economic losses, all in an amount exceeding $25,000 and to be proven at trial. 16. Jackson’s breach of the duty imposed upon her by Section 4511.21(A) of the Ohio Revised Code, causing the Collision and damage to Plaintiff, constitutes negligence per se. SECOND CLAIM FOR RELIEF (Ordinary Negligence) 17. Plaintiff restates and incorporates by reference the allegations in Paragraphs 1 through 16 herein as if fully rewritten. 18. Atall relevant times, Jackson owed Plaintiff a duty of reasonable care to operate her automobile safely. 19. Jackson breached her aforementioned duty of care by failing to maintain an assured clear distance between her and Plaintiff's stopped vehicle. 20. Asa direct and proximate result of her breach of duty to maintain an assured clear distance between her and Plaintiff, Jackson collided with Plaintiff. 21. At such time and place, Plaintiff was operating her automobile safely, and in conformity with all applicable traffic laws and local ordinances. 22. Asa direct and proximate result of the Collision and of Jackson’s negligence, Plaintiff has suffered personal injuries, medical expenses, pain, suffering, disability, emotional distress, and other economic and non-economic losses, all in an amount exceeding $25,000 and to be proven at trial. THIRD CLAIM FOR RELIEF (UIM and Umbrella Coverage Benefits against CIC) 23. Plaintiff restates and incorporates by reference the allegations in Paragraphs 1 through 22 herein as if fully rewritten. 24. On August 20, 2009, Plaintiff had uninsured/underinsured motorist coverage under a CIC automobile policy. 25. Upon information and belief, on August 20, 2009, Plaintiff was also a beneficiary under a CIC umbrella policy. 26. Upon information and belief, Jackson was at all relevant times an underinsured motorist as defined in Section 3937.18 of the Ohio Revised Code and in the CIC automobile policy. 27. Because Jackson was an underinsured motorist, Plaintiff is entitled to uninsured/underinsured motorist benefits under the CIC automobile policy and other benefits under the CIC umbrella policy in an amount to be determined at trial, which amount exceeds $25,000. WHEREFORE, Plaintiff, JESSICA C. LOPEZ, demands judgment against the defendants for damages exceeding $25,000 and to be proven at trial, for the costs of these proceedings, and for such other and further relief to which they may be entitled. Respectfully submitted, /s/ Gregory M. Gantt | Gregory M. Gantt (0064414) Thomas J. Intili, Trial Attorney (0036843) GREGORY M. GANTT CO., L.P.A. Danielle A. Groves (0081136) 130 West Second Street, Suite 310 THOMAS J. INTILI CO., L.P.A. Dayton, Ohio 45402-1534 40 North Main Street (937) 227.3554 1500 Kettering Tower Email: gantt@donet.com Dayton, Ohio 45423-1001 (937) 226-1770; Fax: (937) 223-1511 E-mail: tom@tjilaw.com danielle@tjilaw.com Attorneys for Plaintiff JURY DEMAND Plaintiff demands a trial by jury as to all issues so triable.