NAILAH K.

BYRD
CUYAHOGA COUNTY CUERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113

Court of Common Pleas

New Case Electronically Filed:

February 12, 2016 14:50
By: MICHAEL D. GOLDSTEIN 0075661
Confirmation Nbr. 669565

LATOYA CEASOR, INDIVIDUALLY AND AS

ADMINISTRATRIX

CV 16 858916

vs.
Judge:
CITY OF EAST CLEVELAND, ET AL.
HOLLIE L. GALLAGHER
Pages Filed: 6

Electronically Filed 02/12/2016 14:50 / / CV 16 858916 / Confirmation Nbr. 669565 / CLDMK

IN THE COURT OF COMMON PLEAS

CUYAHOGA COUNTY
LATOYA CEASOR, Individually and as
Administratrix of the Estate of
CHRISTOPHER KIMBLE, JR., Deceased
10728 Amor
Cleveland, Ohio 44108
Plaintiff,

CASE NO.

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JUDGE:

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COMPLAINT

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(Jury demand endorsed hereon)

vs.

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CITY OF EAST CLEVELAND
do East Cleveland Law Department
14340 Euclid Ave.
Cleveland, Ohio 44112
And
KYLE PETTUS
14340 Euclid Ave.
Cleveland, Ohio 44112
Defendants.

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COUNT 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 No.
2016 EST 212958.
2. The Plaintiff brings this action for the benefit of herself as the surviving mother of the
decedent and the decedents 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

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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 Avenue approaching the intersection of Emily Street when he negligently, carelessly,
recklessly, willfully, and/or wantonly struck decedent Christopher Kimble, Jr.
5. Defendant Kyle Pettuss 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 tin 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 vehicles sirens or emergency lights;
c.

Operating the police motor vehicle with only one (1) working headlight at night;
and

d. Failing to keep proper lookout and/or take evasive action.

6. Defendant City of East Clevelands 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 Avenue and Emily Street, and
the surrounding area, where decedent was struck by the police vehicle;

b. Failing to properly maintain its police motor vehicles and property; and
c.

Failing to properly train its officers; and

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d. Were otherwise liable in a manner to be determined in the course of discovery.

7. As a direct and proximate result of Defendant City of East Cleveland and Kyle Pettuss
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. As a further direct and proximate result of Defendants conduct described herein, the
decedents next of kin have incurred great mental anguish, and incurred medical and funeral
expenses and other damages under R.C. 2125.02 et seq.
9. As a further direct and proximate result of the Defendants conduct described above, the
decedents 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. As a further direct and proximate result of the Defendants conduct described above, the
decedents next of kin have suffered a loss of support from the decedents expected earning
capacity, as well as a loss of prospective inheritance to his heirs at law.

COUNT TWO
11. Plaintiff hereby incorporates by reference all the foregoing allegations of this Complaint
as if fully restated herein.
12. At all 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.

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13. At all 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 its 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).

COUNT THREE
16. Plaintiff hereby incorporates by reference all 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 Pettuss 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. As the result of Defendant Pettuss reckless and wanton conduct, Plaintiff and Plaintiffs
decedent suffered harms and incurred damages set forth throughout this Complaint.

COUNT FOUR
20. Plaintiff hereby incorporates by reference all the foregoing allegations of this Complaint
as if fully restated herein.

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21. As 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. As 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.

COUNT FIVE
23. Plaintiff hereby incorporates by reference all 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. As 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.

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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 (TWENTY-FIVE THOUSAND
DOLLARS), plus the cost of this action, and any other additional relief the Court deems proper.

Respectfully submitted,

/s/ Michael D. Goldstein

MICHAEL D. GOLDSTEIN (0075661)
JOSEPH N. CINDRIC (0092624)

GOLDSTEIN & GOLDSTEIN CO., L.P.A.

55 Public Square, Suite 2075
Cleveland, Ohio 44113
Phone: (216) 241-6677
Fax:(216)241-3748

Michael@goldsteinandgoldstein.net
Attorneys for Plaintiff

Jury Demand
A trial by jury is hereby requested on all matters herein.

/s/ Michael D. Goldstein

MICHAEL D. GOLDSTEIN (0075661)
Attorneys for Plaintiff

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