IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO KELLY GRANDEE, individually and next of friend for SEAN ROBINSON, a minor c/o Lipson O Shea Legal Group 700 W. St. Clair Avenue #110 Cleveland, Ohio 44116 CASE NO.: Plaintiff, JUDGE: v. COMPLAINT HUDSON CITY SCHOOL DISTRICT 2400 Hudson Aurora Road Hudson, OH 44236 and JEFFREY MORRIS Assistant Principal East Woods Elementary School 2400 Hudson Aurora Road Hudson, OH 44236 and MAXINE RICE (Bus Driver 2400 Hudson Aurora Road Hudson, OH 44236 and JOHN/JANE DOE BUS AID 2400 Hudson Aurora Road Hudson, OH 44236 and 1
KIMBERLY COCKLEY Principal Hudson Middle School 2400 Hudson Aurora Road Hudson, OH 44236 and KAREN WEBER Assistant Principal Hudson Middle School 2400 Hudson Aurora Road Hudson, OH 44236 and BOBBI WALLACK 6-7 Grade Counselor Hudson Middle School 2400 Hudson Aurora Road Hudson, OH 44236 and KIM LASCOLA School Nurse Hudson Middle School 2400 Hudson Aurora Road Hudson, OH 44236 and MICHAEL MILLER Assistant Principal Hudson Middle School 2400 Hudson Aurora Road Hudson, OH 44236 and JOHN DOE SCHOOL EMPLOYEE #1 and 2
JOHN DOE SCHOOL EMPLOYEE #2 and MALACHI SHARP (Student 6833 Olde Eight Road Peninsula, Ohio 44264 and DAVID SHARP (Father of Malachi Sharp 6833 Olde Eight Road Peninsula, Ohio 44264 and ROSE SHARP (Mother of Malachi Sharp 6833 Olde Eight Road Peninsula, Ohio 44264 and DANIEL PARKER (Student 306 Boston Mills Road Hudson, Ohio 44236 and John Doe (Father of Daniel Parker Address Unknown and COLLEEN PARKER (Mother of Daniel Parker 306 Boston Mills Road Hudson, Ohio 44236 and 3
VIVIAN TAUGNER (Student 2371 Tyre Drive Hudson, Ohio 44236 and JOEL ROOP (Grandfather of Vivian Taugner 2371 Tyre Drive Hudson, Ohio 44236 and SANDRA ROOP (Grandmother of Vivian Taugner 2371 Tyre Drive Hudson, Ohio 44236 and JUSTIN SEESE (Student 100 Keenan Road - 11 Bell Peninsula, Ohio 44264 and HEATHER MAGG (Mother of Justin Seese 100 Keenan Road - 11 Bell Peninsula, Ohio 44264 and John Doe (Father of Justin Seese Address Unknown and John Doe Student #1 address unknown 4
and The parents of: John Doe Student #1 address unknown and John Doe Student #2 address unknown and The parents of: John Doe Student #2 address unknown and John Doe Student #3 address unknown and The parents of: John Doe Student #3 address unknown Defendants. Now comes the captioned plaintiffs Kelly Grandee ( Plaintiff Mother, individually and as next of friend for minor Sean 5
Robinson ( Plaintiff Minor, and for Plaintiff Mother s and Plaintiff Minor s (Plaintiff Mother and Plaintiff Minor being collectively referred to as the Plaintiffs against the captioned defendants (collectively, the Defendants, hereby alleges and avers as follows. FACTUAL INTRODUCTION 1. Plaintiffs are residents of the State of Ohio and Summit County, Ohio. 2. Hudson City School District ( Defendant School District is a school district located in Summit County, in the State of Ohio. 3. All named principals, assistant principals, bus drivers, nurses, counselors and superintendents and JOHN/JANE DOE BUS AID and JOHN DOE SCHOOL EMPLOYEES #1 & 2 (collectively, the School Employees are employees of Defendant School District, and were at all relevant times acting within the scope of their employment. 4. All of the student and/or minor defendants captioned in this complaint which include the named students and all John/Jane Does students (collectively, the Defendant 6
Students were students of, or were on the premises of, East Woods Elementary School ( East Wood and Hudson Middle School (the Middle School which is owned and/or operated by Defendant School District at all times relevant to this complaint. 5. Plaintiff Mother has made numerous complaints to officials and/or employees of Defendant School District and to the School Employees about the assaults, threats and possible danger being posed by the various students of East Woods and the Middle School, including but not limited to the Defendant Students, who were assaulting, harassing and/or threatening the Plaintiff Minor. 6. Upon information and belief, the Defendant Students and their respective parents and/or legal guardians (collectively, the Defendant Parents all knew that the Plaintiff Minor was susceptible and/or vulnerable to being bullied and was being continually bullied, harassed and assaulted by students, including but not limited to the Defendant Students. 7. Over the last 3 years, Plaintiff Minor has been bullied and harassed and assaulted by a number of students, including but not limited to the Defendant Students, at 7
the McDowell Elementary School, East Woods, the Middle School and on a school bus owned and operated by Defendant School District. 8. All of the acts of bullying, harassment and assaults have been reported to the captioned to school officials and/or employees, including but not limited to the Defendant School Employees. 9. The Defendant School Employees and the Defendant Parents failed to take any and/or sufficient appropriate measures to protect the Plaintiff Minor or to address the bullying, harassment or assaults. 10. Said failures lead to untimely medical treatment for concussions, broken arm, severe emotional distress and continual injuries to the Plaintiff Minor - and also lead to serious emotional distress and loss of parental consortium for the Plaintiff Mother, and the repeated bullying, harassment and assaults have caused extensive personal injuries to the Plaintiff Minor, including but not limited to economic and non-economic damages, pain and suffering, medical bills, hedonic losses, and other damages to be presented at trial. 8
COUNT I (NEGLIGENT, RECKLESS, WILLFUL AND WANTON CONDUCT DEFENDANT SCHOOL DISTRICT 11. Plaintiffs incorporate by reference all of the paragraphs of this pleading as if fully rewritten. 12. Defendant School District had a duty to protect its students from known harm. 13. Defendant School District was well informed of the danger the students and the Defendant Students posed to the Plaintiff Minor. 14. Defendant School District s failure to protect the Plaintiff Minor constitutes negligent, reckless, willful and/or wanton conduct. 15. Defendant School District s failure is the proximate cause of the aforementioned damages. 9
COUNT II (NEGLIGENT, RECKLESS, WILLFUL AND WANTON CONDUCT DEFENDANT SCHOOL EMPLOYEES 16. Plaintiffs incorporate by reference all of the paragraphs of this pleading as if fully rewritten. 17. Defendant School Employees had a duty to protect their students from known harm. 18. Defendant School Employees were well informed of the danger the students and the Defendant Students posed to the Plaintiff Minor. 19. Defendant School Employees failure to protect the Plaintiff Minor constitutes negligent, reckless, willful and/or wanton conduct. 20. Defendant School District s failure is the proximate cause of the aforementioned damages. COUNT III DEFENDANT STUDENTS 21. Plaintiffs incorporate by reference all of the paragraphs of this pleading as if fully rewritten. 22. The Defendant Students bullied, harassed and/or assaulted the Plaintiff. 10
23. Said conduct is the proximate cause of the aforementioned damages. COUNT IV THE PARENTS OF DEFENDANT STUDENTS 24. Plaintiffs incorporate by reference all of the paragraphs of this pleading as if fully rewritten. 25. Defendant Parents are liable for the damages caused by the Defendant Students per RC 3109.09 and RC 3109.10. COUNT V LOSS OF LOVE AND AFFECTION 25. Plaintiffs reallege and incorporate all paragraphs of this pleading as if fully rewritten herein. 26. Said actions or inactions of all of the captioned defendants has lead to the Plaintiff Mother s loss of the love and affections of the Plaintiff Minor. 11
COUNT VI INFLICTION OF EMOTION DISTRESS 27. Plaintiffs reallege and incorporate all paragraphs of this pleading as if fully rewritten herein. 28. Said actions or inactions of all of the captioned defendants has resulted in serious emotional distress to the Plaintiff Mother. COUNT VII PRELIMINARY INJUNCTION 29. Plaintiffs reallege and incorporate all paragraphs of this pleading as if fully rewritten herein. 30. Given the facts of this case, and the exclusive possession by the Defendant School District and Defendant School Employees, this Court needs to issue a Rule 65(A Temporary Restraining Order, and thereafter a Rule 65(B Preliminary and Permanent Injunction barring those defendants from altering or concealing or destroying any of the relevant evidence in this case (including but not limited to student records and employee records until the conclusion of this case. 12
31. Upon information and belief, it is anticipated that upon the filing and/or knowledge of if the filing of this complaint, that the assault, harassment and bullying of the Plaintiff Minor may actually continue and/or accelerate by the Defendant Students, and therefore this Court needs to issue a Rule 65(A Temporary Restraining Order and thereafter a Rule 65(B preliminary injunction and permanent injunction barring the Defendant Students and the Defendant Parents (and/or any person acting by or on the behalf of the Defendant Students or the Defendant Parents, from any actual or attempted, direct or indirect, assault, harassment and/or bullying of the Plaintiff Minor, the Plaintiff Mother or any family member of the Plaintiff Minor or Plaintiff Parent. WHEREFORE, Plaintiffs are entitled to a judgment against all defendants, jointly and severally, as follows: 1. As to Counts I, II, III, IV, V and VI, Plaintiffs demand judgment in an monetary amount in excess of $25,000.00, together with interest and costs. 13
2. As to Count VI, a Rule 65(A temporary restraining order and a Rule 65(B preliminary and permanent injunction: A. barring any of the captioned defendants from destroying, concealing and/or altering any evidence in this case (including but not limited to the student records and employee records until the conclusion of this case; and B. barring the Defendant Students, the Defendant Parents (and/or any person acting by or on the behalf of the Defendant Students or the Defendant Parents, from any actual or attempted, direct or indirect, assault, harassment and/or bullying of the Plaintiff Minor, the Plaintiff Mother or any family member of the Plaintiff Minor or Plaintiff Parent 3. Any and all relief permitted by law and equity. Respectfully submitted; LIPSON O SHEA LEGAL GROUP /s/ Michael J. O Shea Michael J. O'Shea, Esq. (0039330 michael@lipsonoshea.com The Hoyt Block Building - Suite 110 700 West St. Clair Avenue Cleveland, Ohio 44113 (216 241-0011 (440 331-5401 - fax Attorneys for Plaintiffs 14