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FALPEALS
‘4g
JA. Buty
ir Coury a
£0. ditio
IN THE COURT OF APPEALS OF OHIO
SECOND APPELLATE DISTRICT
MONTGOMERY COUNTY
TODD DAMRON, et al., ) Appellate Case No.
)
Plaintiffs, )
)
v. )
)
CSX TRANSPORTATION, et al. ) T. Ct. Case No.
)
Defendants. )
CA 22546
CA 22547
CA 22592
05-CV-2496
05-CV-2761
05-CV-3050
PLAINTIFFS-APPELLANTS TODD DAMRON AND DENNIS HENSLEY’S SECOND
MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
Now come the Plaintiffs-Appellants, Todd Damron and Dennis Hensley for the Estates of
Courtney Damron and Craig Hensl
undersigned counsel, and hereby respectfully move this Honorable Court for a fifteen (15) day
extension of time in which to file their initial brief pursuant to Loc. R. 2.22. The reasons for this
Motion are set forth in the Memorandum which is attached hereto and incorporated herein by this
reference.
y, respectively ( “Todd Damron, et al.”), by and through theremem
D R, GAROFALO, MANN & SCHULTZ
131 N. Ludlow Street, Suite 1400
Dayton, OH 45402
(937) 223-8888 Phone
(937) 824-8630 Fax
jsmalley@dgmslaw.com
Attorney for Plaintiffs-Appellants
mnyOn and Dennis Hensley
BARAN, s-ESO (#0074020)
REDDY BARAN & KRAL
2802 SOM Center Road, Suite 102
Willoughby Hills, Ohio 44094
(216) 867-0867 Phone
(440) 945-4880 Fax
E-Mail: mbaran@rbklawyers.com
Attorneys for Plaintiffs-Appellants
Todd Damron and Dennis Hensleyprop
CERTIFICATE OF SERVICE
_.. Thg undersigned hereby certifies that a copy of the foregoing was sent by Regular U.S. Mail
on this q day of June, 2008, to the following:
Richard M. Hunt, Esq.,
‘ Richard M. Hunt Co. L.P.A.
120 West Second Street, Suite 1600
‘ Dayton, Ohio 45402
Attorney for Defendant-Plaintiff Sean Hale
Robert Anspach, Esq.
Anspach Meeks Ellenberger LLP
: 300 Madison Ave., Ste. 1600
Toledo OH 43604-2633
Attorney for CSX Transportation
Margaret Young, Esq.
‘ Young & Alexander Co., L.P.A.
130 West 2™ Street, Suite 2000
l Dayton, Ohio 45402
Attorney for Defendant State Farm Mutual Automobile Ins. Co.
: Christopher Carrigg, Esq.
Freund, Freeze & Amold
: 1 South Main Street, Suite 1800
: Dayton, OH 45402
Attorney for Defendant Sean Hale
Daniel Getty, Esq.
Getty Law Office, L.L.C.
7501 Pragon Rd., Lower Level
Centerville OH 45459
! Attorney for Michael Hale
Nicholas E. Subashi, Esq.,
( Subashi, Wildermuth & Ballato,
The Greene Town Center
50 Chestnut St., Ste 230
Dayton OH 45440
Attorney for Defendant City of Miamisburg
' Attorheys for Plaintiffs-Appellants
Todd Damron and Dennis HensleyMEMORANDUM IN SUPPORT
On May 19, 2008, this Court fil
appeal by June 9, 2008. Counsel for FI:
R. Baran, has suffered complications
led an Order requiring that Appellants’ briefs be filed in this
laintiffs-Appellants Todd Damron and Dennis Hensley, Mark
in his recovery from his recent back surgery. The situation
involving his surgery and recovery are more properly set forth in the Affidavit prepared by Mr.
Baran, a copy of which is attached hereto and incorporated herein as “Exhibit A”.
As this Court can see from the Affidavit, counsel has been unable to complete this brief as
the recovery time from this surgery has limited his ability to work greater than initially expected. For
the foregoing reasons, Plaintiffs-Appellants, by and through the undersigned counsel, hereby
respectfully request this Court grant an additional fifteen (15) day extension of time within which to
file their initial appellate brief. Additionally, counsel for Plaintiffs-Appellants has contacted counsel
for Defendant-Appellee City of Miamisburg and there is no objection to this short extension. This
request is being brought for the above-reasons only, and not for any purpose of undue delay.
Respectfully Submitted,
DYER, GAROFALO, MANN & SCHULTZ
131 N. Ludlow Street, Suite 1400
Dayton, OH 45402
(937) 223-8888 Phone
(937) 824-8630 Fax
jsmalley@dgmslaw.com
Attorney for Plaintiffs-Appellants
Todd Damron and Dennis HensleyREDDY BARAN & KRAL
2802 SOM Center Road, Suite 102
Willoughby Hills, Ohio 44094
(216) 867-0867 Phone
(440) 945-4880 Fax
E-Mail: mbaran@rbklawyers.com
Attorneys for Plaintiffs-Appellants
Todd Damron and Dennis HensleyIN THE GOURT OF APPEALS OF OHIO
SECOND APPELLATE DISTRICT
MONT
TODD A. DAMRON, etc., et al.,
Plaintiffs,
Vv.
CSX TRANSPORTATION, INC., et. al.
Defendants
State of Ohio )
yss
County of Cuyahoga )
Affiant, Mark R. Baran, being first dj
1, My name is Mark R. Baran ag
Individually and as Administ
Dennis Hensley, Administrat
GOMERY COUNTY, OHIO
) Appellate Case No: CA 22546
) CA 22547
) CA 22592
)
)
) T. Ct, Case No.: 05-CV-2496
) 05-CV-2761
) 05-CV-3050
)
) AFFIDAVIT OF MARK R. BARAN
uly sworn and cautioned, states as follows:
\d I am counsel of record for Plaintiffs Todd A. Damron,
rator of the Estate of Courtney R. Damron, deceased and
r of the Estate Craig T. Hensley, deceased. I ama
competent adult, and am otherwise qualified to make the statements contained herein, al]
of which are based upon my
upon my true belief.
wn personal knowledge or, where otherwise indicated,
PLAINTIFF'S
1 EXHIBITOn or about March 15, 2006,
admitted to the hospital, on an
April 15, 2006 I underwent a
other limitations, prevented m
of time. I was also specifical
six weeks in my discharge or
one.
As a result of the second exte!
limited, beyond what I expect
subsequent to my discharge o
full-time basis,
Instead, throughout the last fo
hours at a time and, on many
unanticipated short delay in th
Court.
As a result, a short 15 day ext
due to the unusual and unique
several weeks
Further Affiant Sayeth Not.
Sworn and subscribed in my official
te-injured my low back ultimately causing me to be
unexpected and emergency need on April 10, 2006. On
second extensive surgery to my low back which, among
je from moving about, sitting, or standing for long periods
instructed to not drive any long distances for a period of
lers. I had already had one low back surgery prior to this
nsive surgery, pain management medication, and pain, 1 was
ed, in my ability to work normal hours during the 6 weeks
n April 10, 2008. I am now only returning to work on a
uur weeks, it was difficult to bear sitting more than 4 to 5
days, I was unable to work. As a result, this has caused an
e preparation of Appellants’ Brief to be submitted to this
ension to submit Appellants’ Brief is respectfully requested
medical circumstances that have developed over the last
aE
Mark R. Baran
esence on the (fsay of £ , werk __, 2008
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FALPEALS ‘4g JA. Buty ir Coury a £0. ditio IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT MONTGOMERY COUNTY TODD DAMRON, et al., ) Appellate Case No. ) Plaintiffs, ) ) v. ) ) CSX TRANSPORTATION, et al. ) T. Ct. Case No. ) Defendants. ) CA 22546 CA 22547 CA 22592 05-CV-2496 05-CV-2761 05-CV-3050 PLAINTIFFS-APPELLANTS TODD DAMRON AND DENNIS HENSLEY’S SECOND MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF Now come the Plaintiffs-Appellants, Todd Damron and Dennis Hensley for the Estates of Courtney Damron and Craig Hensl undersigned counsel, and hereby respectfully move this Honorable Court for a fifteen (15) day extension of time in which to file their initial brief pursuant to Loc. R. 2.22. The reasons for this Motion are set forth in the Memorandum which is attached hereto and incorporated herein by this reference. y, respectively ( “Todd Damron, et al.”), by and through theremem D R, GAROFALO, MANN & SCHULTZ 131 N. Ludlow Street, Suite 1400 Dayton, OH 45402 (937) 223-8888 Phone (937) 824-8630 Fax jsmalley@dgmslaw.com Attorney for Plaintiffs-Appellants mnyOn and Dennis Hensley BARAN, s-ESO (#0074020) REDDY BARAN & KRAL 2802 SOM Center Road, Suite 102 Willoughby Hills, Ohio 44094 (216) 867-0867 Phone (440) 945-4880 Fax E-Mail: mbaran@rbklawyers.com Attorneys for Plaintiffs-Appellants Todd Damron and Dennis Hensleyprop CERTIFICATE OF SERVICE _.. Thg undersigned hereby certifies that a copy of the foregoing was sent by Regular U.S. Mail on this q day of June, 2008, to the following: Richard M. Hunt, Esq., ‘ Richard M. Hunt Co. L.P.A. 120 West Second Street, Suite 1600 ‘ Dayton, Ohio 45402 Attorney for Defendant-Plaintiff Sean Hale Robert Anspach, Esq. Anspach Meeks Ellenberger LLP : 300 Madison Ave., Ste. 1600 Toledo OH 43604-2633 Attorney for CSX Transportation Margaret Young, Esq. ‘ Young & Alexander Co., L.P.A. 130 West 2™ Street, Suite 2000 l Dayton, Ohio 45402 Attorney for Defendant State Farm Mutual Automobile Ins. Co. : Christopher Carrigg, Esq. Freund, Freeze & Amold : 1 South Main Street, Suite 1800 : Dayton, OH 45402 Attorney for Defendant Sean Hale Daniel Getty, Esq. Getty Law Office, L.L.C. 7501 Pragon Rd., Lower Level Centerville OH 45459 ! Attorney for Michael Hale Nicholas E. Subashi, Esq., ( Subashi, Wildermuth & Ballato, The Greene Town Center 50 Chestnut St., Ste 230 Dayton OH 45440 Attorney for Defendant City of Miamisburg ' Attorheys for Plaintiffs-Appellants Todd Damron and Dennis HensleyMEMORANDUM IN SUPPORT On May 19, 2008, this Court fil appeal by June 9, 2008. Counsel for FI: R. Baran, has suffered complications led an Order requiring that Appellants’ briefs be filed in this laintiffs-Appellants Todd Damron and Dennis Hensley, Mark in his recovery from his recent back surgery. The situation involving his surgery and recovery are more properly set forth in the Affidavit prepared by Mr. Baran, a copy of which is attached hereto and incorporated herein as “Exhibit A”. As this Court can see from the Affidavit, counsel has been unable to complete this brief as the recovery time from this surgery has limited his ability to work greater than initially expected. For the foregoing reasons, Plaintiffs-Appellants, by and through the undersigned counsel, hereby respectfully request this Court grant an additional fifteen (15) day extension of time within which to file their initial appellate brief. Additionally, counsel for Plaintiffs-Appellants has contacted counsel for Defendant-Appellee City of Miamisburg and there is no objection to this short extension. This request is being brought for the above-reasons only, and not for any purpose of undue delay. Respectfully Submitted, DYER, GAROFALO, MANN & SCHULTZ 131 N. Ludlow Street, Suite 1400 Dayton, OH 45402 (937) 223-8888 Phone (937) 824-8630 Fax jsmalley@dgmslaw.com Attorney for Plaintiffs-Appellants Todd Damron and Dennis HensleyREDDY BARAN & KRAL 2802 SOM Center Road, Suite 102 Willoughby Hills, Ohio 44094 (216) 867-0867 Phone (440) 945-4880 Fax E-Mail: mbaran@rbklawyers.com Attorneys for Plaintiffs-Appellants Todd Damron and Dennis HensleyIN THE GOURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT MONT TODD A. DAMRON, etc., et al., Plaintiffs, Vv. CSX TRANSPORTATION, INC., et. al. Defendants State of Ohio ) yss County of Cuyahoga ) Affiant, Mark R. Baran, being first dj 1, My name is Mark R. Baran ag Individually and as Administ Dennis Hensley, Administrat GOMERY COUNTY, OHIO ) Appellate Case No: CA 22546 ) CA 22547 ) CA 22592 ) ) ) T. Ct, Case No.: 05-CV-2496 ) 05-CV-2761 ) 05-CV-3050 ) ) AFFIDAVIT OF MARK R. BARAN uly sworn and cautioned, states as follows: \d I am counsel of record for Plaintiffs Todd A. Damron, rator of the Estate of Courtney R. Damron, deceased and r of the Estate Craig T. Hensley, deceased. I ama competent adult, and am otherwise qualified to make the statements contained herein, al] of which are based upon my upon my true belief. wn personal knowledge or, where otherwise indicated, PLAINTIFF'S 1 EXHIBITOn or about March 15, 2006, admitted to the hospital, on an April 15, 2006 I underwent a other limitations, prevented m of time. I was also specifical six weeks in my discharge or one. As a result of the second exte! limited, beyond what I expect subsequent to my discharge o full-time basis, Instead, throughout the last fo hours at a time and, on many unanticipated short delay in th Court. As a result, a short 15 day ext due to the unusual and unique several weeks Further Affiant Sayeth Not. Sworn and subscribed in my official te-injured my low back ultimately causing me to be unexpected and emergency need on April 10, 2006. On second extensive surgery to my low back which, among je from moving about, sitting, or standing for long periods instructed to not drive any long distances for a period of lers. I had already had one low back surgery prior to this nsive surgery, pain management medication, and pain, 1 was ed, in my ability to work normal hours during the 6 weeks n April 10, 2008. I am now only returning to work on a uur weeks, it was difficult to bear sitting more than 4 to 5 days, I was unable to work. As a result, this has caused an e preparation of Appellants’ Brief to be submitted to this ension to submit Appellants’ Brief is respectfully requested medical circumstances that have developed over the last aE Mark R. Baran esence on the (fsay of £ , werk __, 2008