NAILAH K. BYRD CUYAHOGA COUNTY CUERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas ANSWER OF... March 16, 2017 11:31 By: STEPHEN J. YEARGIN 0078101 Confirmation Nbr. 1014880 BEVERLY ASH, IND & ADMIN OF EST OF NORMAN CV 17 875753 CRAWFORD vs. ROSALIE L. SCHWEBEL, ET AL Judge: JOSEPH D. RUSSO Pages Filed: 4 Electronically Filed 03/16/2017 11:31 / ANSWERS/CV 17 875753 /Confirmation Nbr. 1014880 / BATCH
SJY/sg March 9, 2017 LA336-031446421-0001 IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO BEVERLY ASH, individually and as Administratrix of the Estate of NORMAN CRAWFORD CASE NO. CV-17-875753 JUDGE JOSEPH RUSSO Plaintiff, ANSWER OF DEFENDANTS. ROSALIE B. SCHWEBEL, INCORRECTLY IDENTIFIED vs. AS ROSALIE L. SCHWEBEL AND MORLEY SCHWEBEL, TO PLAINTIFF'S ROSALIE L. SCHWEBEL, et al. COMPLAINT Defendants. [Jury Demand Endorsed Hereon] Now come Defendants, Rosalie B. Schwebel, incorrectly identified in Plaintiff s Complaint as Rosalie L. Schwebel and Morley Schwebel, by and through their attorney, Stephen J. Yeargin, and for their Answer to Plaintiff s Complaint state the following: FIRST CAUSE OF ACTION 1. Defendants deny for lack of information sufficient to form a belief all of the statements, allegations and averments contained in paragraph 1 of Plaintiff's Complaint. 2. Defendants deny all of the statements, allegations and averments contained in paragraphs 2 through 8 of Plaintiff s Complaint. SECOND CAUSE OF ACTION 3. With respect to paragraph 9 of Plaintiff s Complaint, Defendants reallege and incorporate herein their answers and denials as contained in their Answer to Plaintiff s Complaint as though fully set forth herein.
4. Defendants deny all of the statements, allegations and averments contained in paragraphs 10 and 11 of Plaintiff s Complaint. THIRD CAUSE OF ACTION 5. With respect to paragraph 12 of Plaintiff s Complaint, Defendants reallege and incorporate herein their answers and denials as contained in their Answer to Plaintiff s Complaint as though fully set forth herein. 6. Defendants deny for lack of information sufficient to form a belief all of the statements, allegations and averments contained in paragraph 13 of Plaintiff s Complaint. 7. Defendants deny all of the statements, allegations and averments contained in paragraph 14 of Plaintiff s Complaint. 8. Defendants deny for lack of information sufficient to form a belief all of the statements, allegations and averments contained in paragraph 15 of Plaintiff's Complaint. 9. Defendants deny all of the statements, allegations and averments contained in paragraphs 16 and 17 of Plaintiff s Complaint. 10. Defendants deny each and every, all and singular, the statements, allegations and averments contained in Plaintiff s Complaint which are not specifically herein admitted to be true. FIRST AFFIRMATIVE DEFENSE 11. Defendants state that the incident described in Plaintiffs Complaint was caused solely and proximately by the negligence of Plaintiff's decedent, Norman Crawford, and/or in the alternative, that said Plaintiff's decedent, Norman Crawford was comparatively negligent to a degree which precludes Plaintiff from recovery against these Defendants. SECOND AFFIRMATIVE DEFENSE 12. Defendants assert that Plaintiff s claims are barred because she has failed to join indispensable parties. 2
THIRD AFFIRMATIVE DEFENSE damages. 13. Defendants assert that Plaintiff s claims are barred because she failed to mitigate her FOURTH AFFIRMATIVE DEFENSE 14. Defendants assert that Plaintiff s claims are barred by additional affirmative defenses that may arise during the course of this litigation. WHEREFORE, having fully answered Plaintiff s Complaint in its entirety, Defendants demand that said Complaint be dismissed with prejudice at Plaintiff s cost. Defendants hereby demand trial by jury of all issues herein. Attorney for Defendants Rosalie B. Schwebel and Morley Schwebel By: / s/ Stephen J. Yeargin Stephen J. Yeargin (0078101) 6060 Rockside Woods Blvd. Suite 131 Independence, OH 44131 Phone: (216) 318-6921 Fax: (603) 334-9543 Stephen.Yeargin@LibertyMutual.com 3
CERTIFICATE OF SERVICE A copy of the foregoing was served this 16th day of March, 2017, through the Court s Electronic Filing Service as applicable and/or by ordinary U.S. mail, upon: MICHAEL R. CANTU Kisling, Nestico & Redick 3412 West Market Street Akron, OH 44333 Attorney for Plaintiff CINCINNATI INSURANCE P.O. Box 711 Grove City, OH 43123 Defendant /s/ Stephen J. Yearpin _ Stephen J. Yeargin (0078101) Attorney for Defendants Rosalie B. Schwebel and Morley Schwebel 4