Lawsuit against East Cleveland, police officer
Transcript of 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
8/20/2019 Lawsuit against East Cleveland, police officer
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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.
Cleveland, Ohio 44112
nd
KYLE PETTUS
14340 Euclid
Ave.
Cleveland, Ohio 44112
Defendants.
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C SE
O.
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JUDGE:
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OMPLAINT
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(J ry
de and
end rsed
here n)
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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
CV
16
858916 Confirmation
br.
669565
CLDMK
8/20/2019 Lawsuit against East Cleveland, police officer
http://slidepdf.com/reader/full/lawsuit-against-east-cleveland-police-officer 3/7
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
Electronically Filed 02/12/2016
14:50
CV
16
858916 Confirmation
br.
669565
CLDMK
8/20/2019 Lawsuit against East Cleveland, police officer
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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
Electronically Filed 02/12/2016
14:50
CV
16
858916 Confirmation
br.
669565
CLDMK
8/20/2019 Lawsuit against East Cleveland, police officer
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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
lectronically
Filed 02/12/2016
14:50
/
/
CV
16 858916
/
Confirmation
br. 669565
/
CLDMK
8/20/2019 Lawsuit against East Cleveland, police officer
http://slidepdf.com/reader/full/lawsuit-against-east-cleveland-police-officer 6/7
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
lectronically Filed
02/12/2016 14:50 CV
16
858916 Confirmation
br.
669565 CLDMK
8/20/2019 Lawsuit against East Cleveland, police officer
http://slidepdf.com/reader/full/lawsuit-against-east-cleveland-police-officer 7/7
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
Electronically Filed 02/12/2016
14:50
CV
16
858916 Confirmation
br.
669565
CLDMK