LAW OFFICES BASHEIN BASHEIN co., TERMINAL TOWER 357" FLOOR 50 PUBUC SQUARE CLEVELAND, OHIO 44||3 (216) 77!-3339 'if' . IN THE COURT or COMMON PLEAS LAKE COUNTY, OHIO ROBERT PARMERTOR, Individually and as Administrator of the Estate of Daniel Parmertor, deceased 104 Sugarbush Glen Chardon, Ohio 44024 and DINA PARMERTOR, Individually and as Administratrix of the Estate of Daniel Parmertor, deceased 104 Sugarbush Glen Chardon, Ohio 44024 and JEANNIE KING, Individually and as Administratrix of the Estate of Russell King, deceased 205 Turner Drive Chardon, Ohio 44024 and RUSSELL KING 205 Turner Drive Chardon, Ohio 44024 and TODD M. MCKENNEY, Administrator of the Estate of Demetrius Hewlin, deceased 388 S. Main Street, Ste. 402 Akron, Ohio 44311 and 13CV000415 JOSEPH GIBSON COMPLAINT (Trial by Jury Requested) FERGUSON 115 Chardon Avenue Chardon, Ohio 44024 Plaintiffs VS. THOMAS M. LANE, Inmate at Geauga County Safety Center 12450 Merritt Road Chardon, Ohio 44024 and THOMAS LANE, Jr., Individually and as natural parent of Thomas M. Lane, 6066 Thunderbird Drive Mentor-on-the-Lake, Ohio 44060 and SARAH A. NOLAN, Individually and as natural parent of Thomas M. Lane, 6066 Thunderbird Drive Mentor-on-the-Lake, Ohio 44060 and JACK NOLAN Individually and as custodial guardian of Thomas M. Lane, 11546 Wilson Mills Road Munson Township, Ohio 44024 and LAW OFFICES CAROLE NOLAN BASHEIN Individually and as custodial guardian of Thomas M. Lane, 11546 Wilson Mills Road Loon Munson Township, Ohio 44024 50 PUBLIC SQUARE OHIO 44Il3 and LAW OFFICES ASHEIN 5- BASHEIN CO., L.P.A. TERMINAL TOWER 357" FLOOR 50 PUBLIC SQUARE ILEVELAND. OHIO 44I I3 (316) 7? l-3239 JOHN BRUENING 16440 Chardon Windsor Road Huntsburg Township, Ohio 44046 Defendants For their Complaint against Defendants, Thomas M. Lane, Thomas Lane, Jr., Sarah A. Nolan, Jack Nolan, Carole Nolan, and John Bruening, Plaintiffs allege as follows: PARTIES 1. Plaintiff, Robert Parmertor, is a resident of Chardon, Geauga County, Ohio, and the surviving father and natural guardian of Danny Parmertor, deceased. He was appointed Administrator of his late son's estate and continues in that capacity to date. Plaintiff brings this wrongful-death action as the personal representative for the exclusive benefit of the survivors and next of kin of the deceased, including his parents. 2. Plaintiff, Dina Parmertor, is a resident of Chardon, Geauga County, Ohio, and the surviving mother and natural guardian of Daniel Parmertor, deceased. She was appointed Administratrix of her late son's estate and continues in that capacity to date. Plaintiff brings this wrongful-death action as the personal representative for the exclusive benefit of the survivors and next of kin of the deceased, including his parents. 3. Plaintiff, Jeannie King, is a resident of Chardon, Geauga County, Ohio, and the surviving mother and natural guardian of Russell King, Jr., deceased. She was appointed Administratrix of her late son's estate and continues in that capacity to date. Plaintiff brings this wrongful-death action as the personal representative for the exclusive benefit of the survivors and next of kin of the deceased. 4. Plaintiff, Russell King, is the surviving father and natural guardian of Russell King, LAW OFFICES ASHEIN BASHEIN CO., L.P.A. TERMINAL TOWER 357" FLOOR 50 PUBLIC SQUARE LEVELAND, OHIO 44|l3 (ZI6) 77l-3239 Jr., deceased. 5. Plaintiff, Todd M. McKenney, was appointed Administrator of Demetrius Hewlin's Estate, and continues in that capacity to date. Plaintiff brings this wrongful-death action as the personal representative for the exclusive benefit of the surviving next of kin of the deceased. 6. Plaintiff, Ferguson, is the surviving mother and natural guardian of Demetrius Hewlin, deceased. 7. Defendant, Thomas M. Lane, (hereinafter "Lane"), is currently over the age of eighteen (18), responsible for his own care, custody and control. 8. At all times relevant herein, Defendant, Thomas Lane, Jr., was and continues to be the lawful and natural parent of Thomas M. Lane, a minor at the time of the incident, responsible for his care, custody and control. 9. At all times relevant herein, Defendant, Sarah A. Nolan, was and continues to be the lawful and natural parent of Thomas M. Lane, a minor at the time of the incident, responsible for his care, custody and control. 10. At all times relevant herein, Defendants, Jack and Carole Nolan, are the grandparents of Lane and the custodial guardians of Thomas M. Lane, a minor at the time of the incident, and responsible for his care, custody and control. 1 1. At all times relevant herein, Defendant, John Bruening, was the uncle of Thomas M. Lane, Ill and owner of a Ruger MK Target .22-caliber semi-automatic handgun used in the shooting, and was responsible for the proper and safe securing of the firearm. 15 12. At all times relevant herein, Defendant, Thomas M. Lane, was a student at LAW OFFICES ASHEIN 5. BASHEIN co., L.P.A. TERMINAL TOWER 35TH FLOOR 50 PUBLIC SQUARE 1LEVELAND. OHIO 44II3 (216) 771-3239 Lake Academy in Willoughby, Ohio and was required to change buses at Chardon High School in order to get to school. 13. On or about February 27, 2012, Defendant, Lane, entered the Chardon High School cafeteria with a firearm he had obtained from his Uncle, Defendant John Bruening. 14. At that time, Lane shot Daniel Parrnertor, Russell King, and Demetrius Hewlin, all of whom were sitting in the cafeteria either eating breakfast or waiting for a bus to take them to a local vocational school. Defendant Lane shot three other students who survived the assault. 15. Defendant Lane fired a total of ten (10) rounds of ammunition from Defendant John Bruening's firearm at close range at the Plaintiffs. 16. Following the shooting, Defendant Lane fled the building and was later apprehended by law enforcement authorities. 17. As a direct and proximate result of the shooting, Decedent Daniel Parmertor died from his gunshot wounds on February 27, 2013. 18. As a direct and proximate result of the shooting, Decedent Russell King, Jr., died from his gunshot wounds on February 28, 2013. 19. As a direct and proximate result of the shooting, Decedent Demetrius Hewlin died from his gunshot wounds on February 28, 2013. 20. On March 1, 2012, Defendant Lane was charged with three counts of aggravated murder, two counts of aggravated attempted murder, and one count of felonious assault. 21. In June, 2012, it was determined that Defendant, Lane, would be tried as an adult and he was indicted on the six charges that were filed earlier in March, 2012. LAW OFFICES 5. BASHEIN co.. L.P.A. TERMINAL TOWER 357" FLOOR 50 PUBLIC SQUARE EVELAND, OHIO 4-4Il.3 (ZIB) 77l-3239 22. Defendant, Lane, has plead guilty to three (3) counts of Aggravated Murder with a Firearms Specification in Geauga County, Ohio. Cause of Action of the Estate of Daniel Parmertor. Administrator ofthe Estate and his surviving beneficiaries FIRST COUNT ('Wrongful Death) 23. Plaintiffs incorporate by reference all of the previous allegations as if fully rewritten herein. 24. As a direct and proximate result of the assault, battery, and other torts committed by Defendant Lane, Daniel Parmertor, sustained severe and debilitating injuries and wounds that ultimately caused his death. In the manner aforementioned and to be otherwise established at trial, Defendants Thomas Lane, Jr., Sarah A. Nolan, Jack Nolan, Carole Nolan, and John Bruening facilitated, contributed to, and otherwise failed to prevent the fatal shooting. 25. As a direct and proximate result of Daniel Parmertor's death, his beneficiaries, including his parents and siblings, have suffered, and will continue to suffer, damages for the loss of his society over his life expectancy, including loss of companionship, consortium, care, assistance, protection, advice, guidance, counsel, instruction, training, and education. 26. As a direct and proximate result of his death, Daniel Parmertor's beneficiaries at the time of his death suffered damages for loss of support and loss of prospective inheritance. 27. As a direct and proximate result of his death, Daniel Parmertor's beneficiaries further suffered, and will continue to suffer, damages for mental anguish and emotional trauma. 28. As a direct and proximate result of Defendant, Lane's conduct and actions, Daniel LAW OFFICES ASHEIN 5: BASHEIN CO., L.P.A. TERMINAL TOWER 357" FLOOR 50 PUBLIC SQUARE LEVELAND. OHIO 44|l3 (2l6) Parmertor's family and Estate incurred expenses necessary for his funeral and burial. 29. Daniel Parmertor's beneficiaries have been injured and damaged in a sum in excess of TWENTY FIVE THOUSAND DOLLARS SECOND COUNT (Negligent Supervision against Defendants, Thomas Lane, Sarah A. Nolan, Jack Nolan, and Carole Nolan only) 30. Plaintiffs incorporate by reference all of the previous allegations as if fully rewritten herein. 31. Due to negligence in the supervision and control on the part of Defendants Thomas Lane, Jr. and Sarah A. Nolan as natural parents, and Defendants Jack Nolan and Carole Nolan as custodial grandparents, to exercise necessary influence, supervision, and/or authority over Defendant, Lane, the aforementioned attack upon Daniel Parmertor was facilitated, encouraged and/or allowed to occur. 32. Defendants Thomas Lane, Sarah A. Nolan, Jack Nolan, and Carole Nolan, knew or should have known that their negligent actions and omissions would result in severe physical and emotional injuries to Daniel Parmertor, including death. 33. As a direct and proximate result of the negligent actions and omissions of Defendants, Thomas Lane, Jr., Sarah A. Nolan, Jack Nolan, and Carole Nolan, Daniel Parmertor's beneficiaries have suffered and will continue to suffer, as aforementioned. 34. Daniel Parmertor's beneficiaries have been injured and damaged in a sum in excess of TWENTY FIVE THOUSAND DOLLARS LAW OFFICES ASHEIN BASHEIN CO., L.P.A. TERMINAL TOWER 357" FLOOR 50 PUBLIC SQUARE ZLEVELAND, OHIO 44|l3 THIRD COUNT (Parental Statutory Liability against Thomas Lane, Jr., Sarah A. Nolan, Jack Nolan and Carole Nolan only) 35. Plaintiffs incorporate by reference all of the previous allegations as if fully rewritten herein. 36. As a direct and proximate result of the aforementioned assault that was likely to produce great bodily harm including death, Plaintiffs have suffered, and will continue to suffer indefinitely, severe emotional injuries entitling them to relief against Defendants by authority of R.C. 3109.10. 37. Plaintiffs are therefore entitled to a statutory award of Ten Thousand Dollars from each natural parent of Defendant Lane and/or custodial guardian. FOURTH COUNT (Statutory Violations against Thomas M. Lane, only) 38. - Plaintiffs incorporate by reference all of the previous allegations as if fully rewritten herein. 39. At all times mentioned herein, Defendant, Lane's actions were in violation of R.C. ?2903.0l (aggravated murder), as well as potentially other criminal statutes. 40. Pursuant to O.R.C. Plaintiff is entitled to full compensatory damages, punitive damages, attorneys' fees, and costs as a result of Defendant's violations of these and potentially other criminal statutes. 41. Pursuant to O.R.C. Defendant is prohibited from denying in this civil proceeding any facts essential to sustaining a judgment pursuant to these statutory causes of LAW OFFICES ASHEIN 5. BASHEIN L.P.A. TERMINAL TOWER 357" FLOOR 50 PUBLIC SQUARE LEVELAND. OHIO 44Il3 (216)771-3239 action. 42. At all relevant times herein, Defendant, Lane's actions prior to and during the shooting incident represented a conscious disregard of the rights and safety of others, specifically Daniel Parmertor and the public at large. 43. Defendant, Lane's conduct was malicious, wilful and wanton and was substantially likely to cause harm, injury, and/or death to other citizens, including Daniel Parmertor. FIFTH COUNT (Survivorship) 44. Plaintiffs incorporate by reference all of the previous allegations as if fully rewritten herein. 45. As a direct and proximate result of the assault, battery, and other torts committed by Defendant Lane, Daniel Parmertor, sustained severe and debilitating injuries and wounds that ultimately caused his death. In the manner aforementioned and to be otherwise established at trial, Defendants Thomas Lane, Jr., Sarah A. Nolan, Jack Nolan, Carole Nolan, and John Bruening facilitated, contributed to, and otherwise failed to prevent the fatal shooting. 46. As a direct and proximate result of Defendant Lane's conduct, Daniel Parmertor suffered severe physical pain and mental anguish from the time of the incident until the time of his death, including knowledge of his impending death or injury. 47. As a direct and proximate result of Defendant Lane's conduct, Daniel Parmertor's estate has incurred medical bills and other expenses and has sustained property damage, including destruction of his clothing and personal property on him at the time of the incident. LAW OFFICES BASHEIN CO., L.P.A. TERMINAL TOWER 357" FLOOR 50 PUBLIC SQUARE .EVELAND, OHIO 44Il3 IZIS) 771-3239 48. As a direct and proximate result of Defendant Lane's conduct, the deceased, Daniel Parmertor suffered severe and conscious physical, emotional, and mental pain during the time of the incident, and from the time of the incident until his death several hours later. 49. As a direct and proximate result of Defendants' tortious actions and omission, Daniel Parmertor's estate has been injured and damaged in a sum in excess of TWENTY FIVE THOUSAND DOLLARS for compensatory and punitive damages. Cause of Action of Plaintiffs, Robert Parmertor and Dina Parmertor FIRST COUNT (Loss of Consortium) 50. Plaintiffs incorporate by reference all of the previous allegations as if fully rewritten herein. 51. As a direct and proximate result of Defendants' aforementioned actions and omissions, Plaintiffs, Dina Parmertor and Robert Parmertor, have incurred medical bills and other expenses and have been denied their lawful parental rights and the comfort, consortium and society of their son, Daniel Parmertor, from the time of the incident until the time of his death. 52. Daniel Parmertor's parents and beneficiaries have been injured and damaged in a sum in excess of TWENTY FIVE THOUSAND DOLLARS for compensatory and punitive damages. 10 LAW OFFICES KSHEIN BASHEIN CO., L.P.A. TERMINAL rowan 35TH FLOOR so PUBLIC SQUARE OHIO 44II3 (ZIE) 77!-3239 Cause of Action of the Estate of Russell King, Jr, Administrator of the Estate and his surviving beneficiaries FIRST COUNT (VVrongful Death) 53. Plaintiffs incorporate by reference all of the previous allegations as if fully rewritten herein. 54. As a direct and proximate result of the assault, battery, and other torts committed by Defendant Lane, Russell King, Jr., sustained severe and debilitating injuries and wounds that ultimately caused his death. In the manner aforementioned and to be otherwise established at trial, Defendants Thomas Lane, Jr., Sarah A. Nolan, Jack Nolan, Carole Nolan, and John Bruening facilitated, contributed to, and otherwise failed to prevent the fatal shooting. 55. As a direct and proximate result of Russell King, r.'s death, his beneficiaries, including his parents and siblings, have suffered, and will continue to suffer, damages for the loss of his society over his life expectancy, including loss of companionship, consortium, care, assistance, protection, advice, guidance, counsel, instruction, training, and education. 56. As a direct and proximate result of his death, Russell King, Jr.'s beneficiaries at the time of his death suffered damages for loss of support and loss of prospective inheritance. 57. As a direct and proximate result of his death, Russell King, r.'s beneficiaries fiirther suffered, and will continue to suffer, damages for mental anguish and emotional trauma. 58. As a direct and proximate result of Defendant, Lane's conduct and actions, Russell King, Jr.'s family and Estate incurred expenses necessary for his funeral and burial. 59. Russell King, Jr.'s beneficiaries have been injured and damaged in a sum in excess 11 LAW OFFICES SHEIN BASHEIN CO., L.P.A. TERMINAL TOWER 357" FLOOR 50 PUBLIC SQUARE EVELAND, OHIO 44lI3 (2l6l 77I-3239 of TWENTY FIVE THOUSAND DOLLARS SECOND COUNT (Negligent Supervision against Defendants, Thomas Lane, Jr., Sarah A. Nolan, Jack Nolan, and Carole Nolan only) 60. Plaintiffs incorporate by reference all of the previous allegations as if fully rewritten herein. 61. Due to negligence in the supervision and control on the part of Defendants Thomas Lane, Jr. and Sarah A. Nolan as natural parents, and Defendants Jack Nolan and Carole Nolan as custodial grandparents, to exercise necessary influence, supervision, and/or authority over Defendant, Lane, the aforementioned attack upon Russell King, Jr. was facilitated, encouraged and/or allowed to occur. 62. Defendants Thomas Lane, Sarah A. Nolan, Jack Nolan, and Carole Nolan, knew or should have known that their negligent actions and omissions would result in severe physical and emotional injuries to Russell King, Jr., including death. 63. As a direct and proximate result of the negligent actions and omissions of Defendants, Thomas Lane, Jr., Sarah A. Nolan, Jack Nolan, and Carole Nolan, Russell King, Jr.'s beneficiaries have suffered and will continue to suffer, as aforementioned. 64. Russell King, Jr.'s beneficiaries have been injured and damaged in a sum in excess of TWENTY FIVE THOUSAND DOLLARS 12 LAW OFFICES ASHEIN BASHEIN CO., L.P.A. TERMINAL TOWER 357" FLOOR 50 PUBLIC SQUARE LEVELAND, OHIO 44l|3 (E16) 77 I-3239 THIRD COUNT (Parental Statutory Liability against Thomas Lane, Jr., Sarah A. Nolan, Jack Nolan and Carole Nolan only) 65. Plaintiffs incorporate by reference all of the previous allegations as if fully rewritten herein. 66. As a direct and proximate result of the aforementioned assault that was likely to produce great bodily harm including death, Plaintiffs have suffered, and will continue to suffer indefinitely, severe emotional injuries entitling them to relief against Defendants by authority of R.C. 3109.10. 67. Plaintiffs are therefore entitled to a statutory award of Ten Thousand Dollars from each natural parent of Defendant Lane and/or custodial guardian. FOURTH COUNT (Statutory Violations against Thomas M. Lane, only) 68. Plaintiffs incorporate by reference all of the previous allegations as if fully rewritten herein. 69. At all times mentioned herein, Defendant, Lane's actions were in violation of R.C. ?2903.01 (aggravated murder), as well as potentially other criminal statutes. 70. Pursuant to O.R.C. ?23 Plaintiff is entitled to full compensatory damages, punitive damages, attorneys' fees, and costs as a result of Defendant's violations of these and potentially other criminal statutes. 71. Pursuant to O.R.C. ?23 Defendant is prohibited from denying in this civil proceeding any facts essential to sustaining a judgment pursuant to these statutory causes of 13 LAW OFFICES ASHEIN 5: BASHEIN CO., TERMINAL TOWER 357" FLOOR 50 PUBLIC SQUARE LEVELAND, OHIO 44ll3 (216) 77 I-3239 action. 72. At all relevant times herein, Defendant, Lane's actions prior to and during the shooting incident represented a conscious disregard of the rights and safety of others, specifically Russell King, Jr. and the public at large. 73. Defendant, Lane's conduct was malicious, wilful and wanton and was substantially likely to cause harm, injury, and/or death to other citizens, including Russell King, Jr. FIFTH COUNT (Survivorship) 74. Plaintiffs incorporate by reference all of the previous allegations as if fully rewritten herein. 75. As a direct and proximate result of the assault, battery, and other torts committed by Defendant Lane, Russell King, Jr., sustained severe and debilitating injuries and wounds that ultimately caused his death. In the manner aforementioned and to be otherwise established at trial, Defendants Thomas Lane, Jr., Sarah A. Nolan, Jack Nolan, Carole Nolan, and John Bruening facilitated, contributed to, and otherwise failed to prevent the fatal shooting. 76. As a direct and proximate result of Defendant Lane's conduct, Russell King, Jr. suffered severe physical pain and mental anguish from the time of the incident until the time of his death, including knowledge of his impending death or injury. 77. As a direct and proximate result of Defendant Lane's conduct, Russell King, Jr.'s estate has incurred medical bills and other expenses and has sustained property damage, including destruction of his clothing and personal property on him at the time of the incident. 14 LAW OFFICES 5. BASHEIN co.. L.P.A. TERMINAL TOWER 357" FLOOR 50 PUBLIC SQUARE OHIO 4-4l|3 (2I6) 77 I-.3239 78. As a direct and proximate result of Defendant Lane's conduct, the deceased, Russell King, Jr. suffered severe and conscious physical, emotional, and mental pain during the time of the incident, and from the time of the incident until his death the following day. 79. As a direct and proximate result of Defendants' tortious actions and omissions, Russell King, Jr.'s estate has been injured and damaged in a sum in excess of TWENTY FIVE THOUSAND DOLLARS for compensatory and punitive damages. Cause of Action of Plaintiffs. Jeannie King and Russell King FIRST COUNT (Loss of Consortium) 80. Plaintiffs incorporate by reference all of the previous allegations as if fully rewritten herein. 81. As a direct and proximate result of Defendants' aforementioned actions and omissions, Plaintiffs, Jeannie King and Russell King, have incurred medical bills and expenses and have been denied their lawful parental rights and the comfort, consortium and society of their son, Russell King, Jr., from the time of the incident until the time of his death. 82. Russell King, Jr.'s beneficiaries have been injured and damaged in a sum in excess of TWENTY FIVE THOUSAND DOLLARS for compensatory and punitive damages. 15 LAW OFFICES SHEIN BASHEIN CO.. TERMINAL TOWER 35TH noon so Pusuc SQUARE EVELAND, or-no 441:3 (BIS) 77|-3239 Cause of Action of the Estate of Demetrius Hewlin, Administrator of the Estate and his surviving beneficiaries FIRST COUNT (Vvrongful Death) 83. Plaintiffs incorporate by reference all of the previous allegations as if fully rewritten herein. 84. As a direct and proximate result of the assault, battery, and other torts committed by Defendant Lane, Demetrius Hewlin, sustained severe and debilitating injuries and wounds that ultimately caused his death. In the manner aforementioned and to be otherwise established at trial, Defendants Thomas Lane, Jr., Sarah A. Nolan, Jack Nolan, Carole Nolan, and John Bruening facilitated, contributed to, and otherwise failed to prevent the fatal shooting. 85. As a direct and proximate result of Demetrius Hewlin's death, his beneficiaries, including his parents and siblings, have suffered, and will continue to suffer, damages for the loss of his society over his life expectancy, including loss of companionship, consortium, care, assistance, protection, advice, guidance, counsel, instruction, training, and education. 86. As a direct and proximate result of his death, Demetrius Hewlin's beneficiaries at the time of his death suffered damages for loss of support and loss of prospective inheritance. 87. As a direct and proximate result of his death, Demetrius Hewlin's beneficiaries further suffered, and will continue to suffer, damages for mental anguish and emotional trauma. 88. As a direct and proximate result of Defendant, Lane's conduct and actions, Demetrius Hewlin's family and Estate incurred expenses necessary for his funeral and burial. 89. Demetrius Hewlin's beneficiaries have been injured and damaged in a sum in excess 16 LAW OFFICES ASHEIN BASHEIN CO., L.P.A. TERMINAL TOWER 357" FLOOR 50 PUBLIC SQUARE LEVELAND, OHIO 44l|3 (2l6) 771-3239 of TWENTY FIVE THOUSAND DOLLARS SECOND COUNT (Negligent Supervision against Defendants, Thomas Lane, Sarah A. Nolan, Jack Nolan, and Carole Nolan only) 90. Plaintiffs incorporate by reference all of the previous allegations as if fully rewritten herein. 91. Due to negligence in the supervision and control on the part of Defendants Thomas Lane, Jr. and Sarah A. Nolan as natural parents, and Defendants Jack Nolan and Carole Nolan as custodial grandparents, to exercise necessary influence, supervision, and/or authority over Defendant, Lane, the aforementioned attack upon Demetrius Hewlin was facilitated, encouraged and! or allowed to occur. 92. Defendants Thomas Lane, Jr., Sarah A. Nolan, Jack Nolan, and Carole Nolan, knew or should have known that their negligent actions and omissions would result in severe physical and emotional injuries to Demetrius Hewlin, including death. 93. As a direct and proximate result of the negligent actions and omissions of Defendants, Thomas Lane, Sarah A. Nolan, Jack Nolan, and Carole Nolan, Demetrius Hewlin's beneficiaries have suffered and will continue to suffer, as aforementioned. 94. Demetrius Hewlin's beneficiaries have been injured and damaged in a sum in excess of TWENTY FIVE THOUSAND DOLLARS 17 LAW OFFICES ASHEIN 5. BASHEIN co., L.P.A. TERMINAL TOWER 357" FLOOR 50 PUBLIC SQUARE LEVELAND. OHIO 44l|3 (BIS) 77!-3239 THIRD COUNT (Parental Statutory Liability against Thomas Lane, Jr., Sarah A. Nolan, Jack Nolan and Carole Nolan only) 95. Plaintiffs incorporate by reference all of the previous allegations as if fully rewritten herein. 96. As a direct and proximate result of the aforementioned assault that was likely to produce great bodily harm including death, Plaintiffs have suffered, and will continue to suffer indefinitely, severe emotional injuries entitling them to relief against Defendants by authority of R.C. 3109.10. 97. Plaintiffs are therefore entitled to a statutory award of Ten Thousand Dollars from each natural parent of Defendant Lane and/or custodial guardian. FOURTH COUNT (Statutory Violations against Thomas M. Lane, only) 98. Plaintiffs incorporate by reference all of the previous allegations as if fully rewritten herein. 99. At all times mentioned herein, Defendant, Lane's actions were in violation of R.C. ?2903.01 (aggravated murder), as well as potentially other criminal statutes. 100. Pursuant to O.R.C. Plaintiff is entitled to full compensatory damages, punitive damages, attorneys' fees, and costs as a result of Defendant's violations of these and potentially other criminal statutes. 101. Pursuant to O.R.C. Defendant is prohibited from denying in this civil proceeding any facts essential to sustaining a judgment pursuant to these statutory causes of 18 LAW OFFICES LSHEIN 8. BASHEIN CO., L.P.A. TERM1NAL rowan 35TH noon 50 PUBLIC SQUARE omo 441:3 (BIG) 77 I-3239 action. 102. At all relevant times herein, Defendant, Lane's actions prior to and during the shooting incident represented a conscious disregard of the rights and safety of others, specifically Demetrius Hewlin and the public at large. 103. Defendant, Lane's conduct was malicious, wilful and wanton and was substantially likely to cause harm, injury, and/or death to other citizens, including Demetrius Hewlin. FIFTH COUNT (survivorship) 104. Plaintiffs incorporate by reference all of the previous allegations as if fully rewritten herein. 105. As a direct and proximate result of the assault, battery, and other torts committed by Defendant Lane, Demetrius Hewlin, sustained severe and debilitating injuries and wounds that ultimately caused his death. In the manner aforementioned and to be otherwise established at trial, Defendants Thomas Lane, Jr., Sarah A. Nolan, Jack Nolan, Carole Nolan, and John Bruening facilitated, contributed to, and otherwise failed to prevent the fatal shooting. 106. As a direct and proximate result of Defendant Lane's conduct, Demetrius Hewlin suffered severe physical pain and mental anguish from the time of the incident until the time of his death, including knowledge of his impending death or injury. 107. As a direct and proximate result of Defendant Lane's conduct, Demetrius Hewlin's estate has incurred medical bills and other expenses and has sustained property damage, including destruction of his clothing and personal property on him at the time of the incident. 19 LAW OFFICES ASHEIN BASHEIN CO., L.P.A. TERMINAL TOWER 357*' FLOOR 50 PUBLIC SQUARE LEVELAND, OHIO 44|l3 (BIS) 771-3239 108. As a direct and proximate result of Defendant Lane's conduct, the deceased, Demetrius Hewlin suffered severe and conscious physical, emotional, and mental pain during the time of the incident, and from the time of the incident until his death the following day. 109. As a direct and proximate result of Defendants' tortious actions and omissions, Demetrius Hewlin's estate has been injured and damaged in a sum in excess of TWENTY FIVE THOUSAND DOLLARS for compensatory and punitive damages. Cause of Action of Plaintiff. Ferguson FIRST COUNT (Loss of Consortium) 1 10. Plaintiffs incorporate by reference all of the previous allegations as if fiilly rewritten herein. 111. As a direct and proximate result of Defendants' aforementioned actions and omissions, Plaintiff, Ferguson, has incurred medical bills and expenses and has been denied her lawful parental rights and the comfort, consortium and society of her son, Demetrius Hewlin, from the time of the incident until the time of his death. 112. Demetrius Hewlin's beneficiaries have been injured and damaged in a sum in excess of TWENTY FIVE THOUSAND DOLLARS for compensatory and punitive damages. PRAYER WHEREFORE, Plaintiffs request judgment against the Defendants, jointly and/or severally, for compensatory damages and punitive damages in a sum in excess of TWENTY FIVE THOUSAND DOLLARS in addition to reasonable attomey fees and 20 LAW OFFICES SHEIN BASHEIN CO., L.P.A. TERMINAL TOWER 357" FLOOR 50 PUBLIC SQUARE IVELAND, OHIO 44|l3 (215) 771-3239 litigation expenses, the costs of this action, and any legal, equitable, or declaratory relief deemed appropriate. Trial by jury is requested. RESPECTFULLY SUBMITTED, ffetwt ccuwent PETER MARMAROS (#0015274) Djordjevic, Casey Marrnaros Co., LLC 17 S. Main Street, Ste. 201 Akron, Ohio 44308 330-376-6766 330-376-7344 Facsimile pete@dcmlaw.org and W. CRAIG BASHEIN (#0034591) BASHEIN BASHEIN CO., L.P.A. 35"' Floor Terminal Tower 50 Public Square Cleveland, Ohio 44113 (216) 771-3239 (216)781-5876 Fax Attorneys for Plaintiff: 21 COMMON PLEAS COURT LAKE COUNTY, OHIO Case Designation 1' Roberxt/Earmertor, etcwiet al. (jag Thomas M. Lanedismissed under Civ. R. 41 must have a designation upon the face. of the;-complaint that the action is being refiled. The word must appear in upper case letter under the word Directly beneath the word the complaint shall identify the case number of this dismissed action. Former Case no. Case Categories (Mark one category only) Administrative Appeal (Specific ORC See.) Section Consumer Sales Practices: Actions commenced under applicable section of ORC Chapters: 109, 1315, 1317,1321, 1322, 1333, 1334, 1345, 1349, 3953, 4505, 4549, 4710, 4712, 4719, 4775, 4905 or 5311 Contract or Quasi Contract Criminal Declaratory Judgment Foreclosure Foreign Judgment Malpractice (specify) Credit Card (CI) Personal Injury Product Liability Professional Tort Provisional Remedy (Replevin, Attachment, Garnishment) Workers Compensation Other Tort Other Civil The designation "money only" may not be used if one of the above specific categories is applicable. Further, the caption shall note any statutory provision that is unique to the particulate cause and controls the time within which the case is to proceed, once filed. (EX. Miscellaneous -- Contest of Election (ORC Section 3515.10 -- Hearing within 30 days.) Revised Code Section unique to this particular cause which controls the time within which the case is to proceed: Signature W- Craig Basheim 0034591 Printed name Registration No. Bashein Bashein Co., L.P.A. Firm name 50 Public Square, 35th Floor, Cleveland, OH 44113 Address 216'771'3239 Phone number revised 6/09 VS IN THE COURT OF COMMON PLEAS LAKE COUNTY, OHIO CASE NO. I Plaintiff ORDER I Defendant in the interest of the most economical and efficient use of the Court's time and to speed the case to conclusion, the following order is hereby made in this cause and shall be binding on all parties hereto, in addition to the 1996 Local Rules of Court for Lake County and their amendments. NOTE: AMENDMENT TO LOC.R. SPECIFICALLY LIMITING TO TEN (10) PAGES THE BODY OR TEXT OF ANY DOCUMENT. PRETRIAL PROCEDURES 1. Discovery must commence -immediately upon filing the cause and must be complete by the pretrial. Failure to complete discovery by the pretrial may result in sanctions being imposed. Discovery may continue beyond the pretrial only upon leave of Court. I Court of special matters, pleadings, motions, etc., TRO, protective order) is upon the respective is requested, counsel must notify the Assignment The obligation to inform the replevin, attachment, counsel. If immediate relief Commissioner of this Court. The filing of leaves to plead, motions or other pleadings, on any matter, shall not change pretrial or trial dates. Only one (1) thirty day leave will be permitted on the answer. All leaves should be accompanied by a joumal entry. A pretrial will be scheduled approximately six (6) months after filing of the complaint and trial will be approximately thirty (30) days thereafter. Each counsel shall submit the pretrial form to the Court's bailiff at the time of the pretrial. The pretrial form shall not be tiled. Continuance of a pretrial may be. obtained upon a telephone call to the Court's Assignment Commissioner at (440) 350-2705. The respective attomeys shall contact each other prior to the scheduled pretrial with the purpose of resolving all issues as well as settlement. The attorney who intends to try the case must attend the pretrial and must be fully informed about the case and be prepared to discuss settlement at the pretrial. Counsel must, without exception, have his client present or have full authority to settle. If any pary is represented by an insurance carrier, an insurance representative must be present with full authority to settle. - 5. A case management conference may be scheduled at the request of any party. During the conference, the Court shall" establish priorities and a schedule to guide the case to conclusion. During the case management conference, firm discovery and dispositive motion deadlines and pretrial and trial dates will be established. 6. Failure to appear at any scheduled proceeding may result in sanctions being imposed against any party and/or his or her counsel. 7. After the pretrial has been set, a motion for summary judgment may be made only with leave of court, in accordance with Civ.R. 56. 8. Motions for default judgment may be set for oral or non-oral hearings, but regardless of the type of hearing, the motion will not be granted unless supporting evidence is also presented. The parties, without exception, are to abide by Loc.R. specifically limiting to ten (10) pages the body or text of any document, except a complaint, counterclaim, crossclaim or third party complaint. Further, the Court shall strictly enforce Civ.R. 11. 10. In accordance with Loc.R. and (3), parties shall not attach copies of cases cited in their briefs unless the case cannot be found on Lexis or Westlaw. In addition, parties" shall not attach to their filings any copies of pleadings, motions or notices already filed in the case. . 11 . Pursuant 'to the Court of Common Pleas Journal Entry of May 5, 2006, certain "personal and private" information, including social security numbers and full financial account numbers, may not be included in a public record. It is the responsibility of the filing party and counsel to remove such information prior to filing. Documents containing personal and private information that is not redacted may be stricken from the record. TRIAL PROCEDURES 12. No_ continuance of a TRIAL date willbe granted without filing a written motion with the signature of the client along with a supporting affidavit or other appropriate documentation. The motion must be accompanied by a judgment 13. 14. 15. 16. 17. entry with a blank space for the Court to insert the next appropriate court date(s). For continuances of a pretrial, see No. 4. Where video tape depositions or written depositions are to be used at trial, objection to any testimony must be brought to the attention of the Court at least two (2) weeks before trial by motion, listing the specific objections upon which ruling is required. as well as transcribing those portions pertinent to the objections. No objections to depositions will be entertained at trial. Video tape depositions of each witness shall be limited to one (1) hour for each party. lrrespective_ of time, each party may conduct one (1) direct examination and one (1) re-direct examination, one (1) cross--examination and one (1) re- cross examination only. All material in excess of the above time will be excluded. Trial briefs shall be filed with the Clerk of Courts two (2) weeks prior. 10 the scheduled trial date. Counsel shall submit to this Court prior to trial any stipulations agreed upon by the parties. EXHIBITS: Two (2) copies of the exhibit list shall be delivered to the Court on the day of trial. indexes on this date. Exhibits shall be marked prior to trial. Plaintiff shall mark exhibits with numbers; defendant shall mark exhibits with letters. proposed jury instructions, including any special instructions outside of the standard. Ohio Jury instructions. The parties shall submit one copy of the written instructions to opposing counsel and one written copy to the Court. The parties shall also provide an electronic puppy in Word or -WordPerfect (on disk or - by e-mail i sent to to the Court so that the proposed Neither the written copy nor the electronic copy should be filed with the Clerk of Courts, unless preservation of appellate rights is concemed. The Court is to be notified immediately when settlement is reached on cases already assigned for trial. The judgment entry of settlement is to be submitted to the Court within fourteen days of reporting settlement or by the trial date, whichever occurs first, and should dispose of all claims, crossclaims, counterclaims, etc. 1 Counsel shall also exchange copies of all exhibits and exhibit . Prior to the end of trial, each party shall submit a complete set of 18. If a case is dismissed pursuant to Civ.R. on the eve of trial or themorning of trial and a jury has already been summoned, the plaintiff must bear the cost of summoning the jury. if a case" is settled on the eve of trial or the morning of trial, the cost of summoning the jury shall be borne equally by the parties or as set forth in the settlement entry. BANKRUPTCY: Upon a party filing a petition for bankruptcy in the Federal Court, counsel is to file with the Clerk of Courts a notice of said filing indicating the bankruptcy case number and the date of filing. The Common Pleas case shall then be stayed pursuant to 11 USCA ?362. Respective counsel shall notify this Court when the debtor is discharged. Isl JOSEPH GIBSON Joseph Gibson, Judge