lawsuit against east cleveland, police officer

8/20/2019 Lawsuit against East Cleveland, police officer

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IL H K. BYRD

CUY HOG

COU TY CUERK OF COURTS

1200 Ontario Street

Cleveland, Ohio 44113

urt mm n Pleas

ew Case Electronically

Filed:

February 12, 2016 14:50

By:

MICH EL

D. GOLDSTEI 0075661

Confirmation

br.

669565

L TOY CE SOR, I DIVIDU LLY D S

DMI ISTR TRIX

vs .

CITY

OF E ST

CLEVEL D,

ET AL.

CV 16 858916

Judge:

HOLLIE

.

G LL GHER

Pages

Filed:

6

Electronically

Filed

02/12/2016 14:50 / / CV 16 858916 Confirmation br. 669565 CLDMK



I THE

COURT

OF

COMMO

PLE S

CUY HOG COU TY

L TOY

CE SOR,

Individually

and

as

Administratrix of the Estate of

CHRISTOPHER

KIMBLE, JR.,

Deceased

10728

mor

Cleveland, Ohio

44108

Plaintiff,

vs

CITY

OF E ST CLEVEL D

East

Cleveland

Law

Department

14340

Euclid

Ave.


nd

KYLE PETTUS

14340 Euclid

Ave.


Defendants.

)

C SE

O.

)

)

JUDGE:

)

OMPLAINT

)

)

(J ry

de and

end rsed

here n)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

UNT

ONE

1 The Plaintiff,

Latoya

Ceasor,

is the Administratrix of the

Estate

of Christopher Kimble,

Jr , deceased, being

duly

appointed

by the Probate Court of Cuyahoga

County,

Ohio, in Case

o.

2016 EST

212958.

2

The

Plaintiff

brings

this

action

for

the

benefit

of

herself

as

the

surviving

mother

of

the

decedent and the decedent’s next of kin.

3 On or

about

October 3, 2015, decedent Christopher Kimble, Jr , in the exercise of

due

care, was a

pedestrian

and crossing Superior

Avenue,

which

is

a

divided

avenue of four lanes,

at

Electronically Filed 02/12/2016

14:50

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858916 Confirmation

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the intersection

of Emily Street

in

the

City of East

Cleveland,

the

County

of

Cuyahoga,

and

the

State

of

Ohio.

4

On

the

same

date

at the

same

time and location,

Defendant

Kyle Pettus

was

the operator

of a

Defendant City of

East

Cleveland police motor vehicle and was travelling eastbound

on

Superior

venue approaching the

intersection

of Emily Street when

he

negligently,

carelessly,

recklessly,

willfully,

and/or wantonly struck decedent

Christopher Kimble,

Jr

5

Defendant

Kyle

Pettus

’

s

actions

in

operating the

Defendant

City of

East Cleveland police

motor

vehicle

constituted

negligent,

reckless,

and/or

willful

and/or

wanton

misconduct

in

the

following respects:

a

Travelling

at

an

excessively

high

rate

of

speed

through

ti n

intersection

known

to

be heavily populated by pedestrians;

b Operating

the

police motor vehicle at

an

excessive speed without implementing

and/or

utilizing

the police motor vehicle’s sirens or emergency lights;

c Operating the police motor vehicle with only one (1) working headlight a t night;

and

d

Failing

to

keep

proper

lookout and/or

take

evasive action.

6 Defendant

City

of East Cleveland

’

s actions were

additionally

negligent,

careless, reckless

and/or willful

and wanton in the following respects:

a

Failing

to

properly

maintain

and/or

design

the

intersection,

including

traffic

control and pedestrian crossing devices, at Superior venue and Emily Street, and

the

surrounding

area, where

decedent was

struck by the police

vehicle;

b Failing

to

properly

maintain

it s

police

motor vehicles

and property;

and

c Failing to properly train it s officers;

and

2


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d Were

otherwise

liable

in

a manner to

be determined

in the

course

of

discovery.

7 s a direct and proximate result of Defendant City of East Cleveland and Kyle Pettus’s

negligent, careless, reckless, willful

and/or wanton actions

set

forth

above and

below,

decedent

Christopher

Kimble,

Jr ,

sustained

serious

injuries and

subsequently

died

on

October 3,

2015,

from

complications associated with

such severe

trauma.

8

s

a

further

direct

and proximate result

of

Defendants

conduct described

herein, the

decedent

’s next of kin

have

incurred great

mental

anguish,

and

incurred

medical

and

funeral

expenses

and

other

damages

under

R.C.

§

2125.02

s q.

9

s a

further

direct and proximate result of the Defendants

conduct

described above, the

decedent’s next of

kin

suffered

a

loss of the

society

of

the decent, including

a

loss

of

companionship, consortium

care,

assistance, protection,

advice,

guidance,

counsel,

and

instruction.

10.

s

a

further

direct

and

proximate

result

of the

Defendants

conduct

described

above,

the

decedent

’

s

next

of

kin

have

suffered

a

loss

of

support

from

the

decedent’

s

expected earning

capacity, as

well

as a

loss

of prospective

inheritance

to

his heirs at law.

UNT

TW

11.

Plaintiff

hereby

incorporates

by

reference al l

the

foregoing

allegations

of

this

Complaint

as

if

fully restated

herein.

12.

t

al l

times

relevant

herein,

and

upon

information

and

belief,

Defendant

Kyle

Pettus

was

an

employee,

agent, servant,

and/or representative

of

Defendant City

of

East

Cleveland

acting

with

the

express

and/or

implicit

permission and

consent

of

and

for

the

benefit

of Defendant

City

of

East

Cleveland

and

who

was

acting

in the scope of

his

employment

and

in

furtherance

of

the

purposes of

the Defendant.

o


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13. t al l times relevant

herein, and

upon

information

and belief, Defendant City

of

East

Cleveland

is a political subdivision under the

laws

of the State of Ohio.

14. Defendant City

of

East

Cleveland

is

liable

under the

theory

of

respondeat

superior,

and/or

any

other

applicable

doctrine

of

vicarious

liability,

for

the

acts and/or

omissions

of its

employees, servants,

agents,

and/or

representatives,

including

Defendant

Kyle

Pettus.

15.

Defendant City

of

East

Cleveland is

liable

as

a political

subdivision

pursuant

to

R.C.

Chapter 2744 for

the

negligence of it s

employees

in

the

course and

scope

of

their operation

a

motor

vehicle

and/or

any

other

applicable

legal

doctrines

of

liability,

including,

but

not

limited

to : R.C.

§

2744.02(B)(1).

UNT HR

16. Plaintiff hereby incorporates by

reference

al l

the foregoing

allegations

of

this Complaint

as

if

fully

restated

herein.

17. Defendant Pettus recklessly and wantonly operated the police motor vehicle at a

high

rate

of

speed

with

one

inoperable

headlight

and

without

emergency

lights

and

sirens

when

he

struck

decedent Christopher Kimble.

18. Defendant Pettus’

s

actions

are

subject

to

exceptions to

political

subdivision immunity

pursuant to O.R.C. § 2744.03(A)(6)(b) and any other applicable statutes or at common law.

19. s the result of Defendant Pettus’s reckless and wanton conduct, Plaintiff and Plaintiffs

decedent

suffered

harms

and

incurred

damages

set

forth

throughout

this

Complaint.

UNT F UR

20.

Plaintiff

hereby

incorporates

by

reference

al l the foregoing

allegations

of this

Complaint

as

if fully

restated herein.

4

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br. 669565

/

CLDMK



21. s a direct and

proximate result of the Defendants

conduct

described herein, Plaintiffs

decedent

experienced

conscious

pain

and suffering, pre-impact

terror and great emotional

distress prior to his

death.

22. s

a

direct

and proximate

result

of

the

Defendants

conduct

described herein,

Plaintiff

and Plaintiffs decedent, experienced damage and expense, including loss of property, as well as

additional

damages

and

expenses to be determined in discovery.

UNT F V

23.

Plaintiff

hereby

incorporates

by

reference

al l

the

foregoing

allegations

of

this

Complaint

as

if

fully

restated

herein.

24. Upon information and belief,

Defendants

City of

East

Cleveland

and/or Kyle Pettus

intentionally

and/or

negligently

destroyed

or

failed

to

record

and

preserve

evidence,

including

but

not

limited to, body camera footage of the subject

incident,

which is directly relevant

to

the

investigation

of

this

matter.

25.

s

the

result

of

the

collective

and/or individual

conduct

of the Defendants, Plaintiff has

been harmed

in her

ability

to

prepare

and prosecute her

case.

26.

The Defendants are

liable

for

damages due

to spoliation

of

evidence, and/or

the

trier

of

fact

should

draw

a

negative

inference against

the

Defendants, and

determine

that the

evidence

would have been unfavorable to the Defendants,

had

it

been appropriately preserved and

produced.

5

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PRAYER

FOR

RELIEF

WHEREFORE,

Plaintiff

Latoya

Ceasor,

Individually

and

Administratrix

of

the

Estate

of

Christopher Kimble,

Jr ,

deceased, demands judgment against

the

Defendants,

jointly

and

severally,

for compensatory damages

in

excess

of

$25,000.00

(TWE TY-FIVE THOUS D

DOLLARS),

plus

the

cost of this

action,

and any other additional relief the

Court deems proper.

Respectfully submitted,

/ /

Michael

D.

Gol stein

MICH EL

D.

GOLDSTEI

(0075661)

JOSEPH . CI DRIC (0092624)

GOLDSTEIN

GOLDSTEIN

O.,

L.P.A.

55 Public

Square,

Suite

2075

Cleveland,

Ohio

44113

Phone:

(216)

241-6677

Fax:(216)241-3748

Michael@gol steinan gol stein.net

Attorneys

for

Plaintiff

J ry De a d

trial by jury

is hereby

requested

on al l

matters

herein.

/ /

Michael

D.

Gol stein

MICH EL D. GOLDSTEI (0075661)

Attorneys

for

Plaintiff

6


14:50

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858916 Confirmation

br.

669565

CLDMK

mailto:[email protected]

mailto:[email protected]

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