Lawsuit Information CenterBelow is an example of a Complaint filed in an actual negligent security lawsuit in Ohio.
IN THE COURT OF COMMON PLEAS, FRANKLIN COUNTY, OHIO
PLAINTIFFS: Jane Doe (Herein known as “Jane”), as the lawful spouse of Michael Doe (Herein known as “Michael”), and as the executor of her husband’s estate, and on behalf of herself as a wife who has suffered due to the torts inflicted upon her husband. Plaintiffs also include their children: Christopher Doe (an adult child), Jessica Doe, Ethan Doe, and Natalie Doe (all minors at this time).
v.
DEFENDANTS: SpeedMart, SpeedMart Convenience Stores LLC, SpeedMart Real Estate Holdings LLC, and John Doe (unknown individual)
CASE NO.: CV-2023-XXXX
COMPLAINT
INTRODUCTION
1. The Plaintiffs, Jane Doe (“Jane”) and her children, Christopher Doe, Jessica Doe, Ethan Doe, and Natalie Doe (collectively referred to as “the Children”), bring this action for damages resulting from the tragic events that occurred on May 1, 2011, at the SpeedMart/Store #7890 located at 321 Elm Street, Franklin County, Ohio. This complaint alleges negligence, premises liability, wrongful death, assault, and other related claims against the Defendants, SpeedMart, SpeedMart Convenience Stores LLC, SpeedMart Real Estate Holdings LLC, and an unknown individual referred to as “John Doe.”
2. Jane, as the lawful spouse of Michael Doe (“Michael”), and the executor of his estate, sues on behalf of her husband and herself as the aggrieved spouse who suffered due to the tortious acts inflicted upon Michael.
3. The Children, being the natural-born offspring of Jane and Michael, suffered emotional and economic harm due to the torts inflicted upon their father.
4. The Defendants include SpeedMart, a business operating in Summit County, Ohio, SpeedMart Convenience Stores LLC, a business entity incorporated in Franklin County, Ohio, that owns and operates SpeedMart, and SpeedMart Real Estate Holdings LLC, a business entity incorporated in Franklin County, Ohio, that owns the property where SpeedMart is located. Additionally, the Defendants include an unknown individual referred to as “John Doe,” who may be an unknown employee of SpeedMart or an unknown non-employee who contributed to the damages inflicted on Michael Doe.
FACTUAL BACKGROUND
5. On May 1, 2011, Michael Doe was lawfully present at the SpeedMart gas station located at 321 Elm Street, Summit County, Ohio, to make a purchase.
6. At approximately 9:00 p.m., while at the checkout counter, Michael was assaulted by an unknown individual later identified as Defendant Mark Johnson (“Johnson”), who had been loitering near the entrance of SpeedMart.
7. Johnson, seemingly agitated, initiated the assault and caused severe injuries to Michael, leading to his eventual death.
8. SpeedMart employees, upon witnessing the assault, failed to intervene or call for immediate assistance, allowing the assailant to escape.
9. Despite the assault occurring at approximately 9:08 p.m., the police were not contacted until approximately 9:48 p.m.
10. As a result of the attack, Michael sustained severe injuries, leading to his subsequent death at the local hospital. The Plaintiffs are in the process of obtaining Michael’s medical records to establish the extent of his injuries.
11. Subsequently, the assailant, Johnson, was identified and apprehended by law enforcement.
12. SpeedMart, operated and owned by Defendants, had a lengthy history of crime within its premises and the surrounding area, making the Defendants aware or should have been aware of the substantial risk of danger to its customers.
13. At the time of the assault, Michael was a paying customer of SpeedMart, making him a business invitee under Ohio law. Consequently, the Defendants owed Michael a duty to exercise ordinary care and provide a reasonably safe environment against unnecessary risks of harm, such as criminal conduct on their premises.
14. Despite the Defendants’ knowledge of the high-crime area surrounding Elm Street, they failed to provide adequate security measures for the protection of their customers.
15. Furthermore, the Defendants failed to seek immediate medical attention for Michael after the assault, despite their duty of care towards him as a business invitee.
CAUSES OF ACTION
I. PREMISES LIABILITY
16. Plaintiffs reassert the facts outlined in the introduction.
17. Ohio law recognizes the doctrine of premises liability, and the Defendants, SpeedMart, SpeedMart Convenience Stores LLC, and SpeedMart Real Estate Holdings LLC, had a duty of ordinary care to protect the safety of their invitees while present on the property they owned, operated, or managed.
18. The Defendants owed a duty to refrain from wanton and reckless conduct likely to cause injury to business invitees.
19. By May 1, 2011, the Defendants were aware that their business operated in a high-crime area, as indicated by numerous police reports of crimes against persons at their business and its immediate surroundings.
20. The Plaintiffs allege that the Defendants’ failure to provide a secure environment, intervene in the fight, immediately call the police, offer first aid to Michael, and call 911 for emergency medical services constitutes willful, wanton, and reckless acts.
21. Ohio common law recognizes the doctrine of premises liability, and Michael Doe suffered physical injury and pain and suffering while on the Defendants’ business premises and while engaged in commerce.
22. At the time of the tortious acts, Michael Doe was an invitee of the Defendants’ business, entitling him to the protection of the duty of ordinary care.
23. The Plaintiffs, being beneficiaries of the duty owed to Michael as an invitee, have a right to recover compensatory damages for their injuries caused by the Defendants’ negligence, and punitive damages, attorney fees, and post-judgment interest if willful and wanton conduct is proven.
II. RESPONDEAT SUPERIOR
24. Plaintiffs reassert the facts outlined in the introduction.
25. The Plaintiffs assert that SpeedMart, SpeedMart Convenience Stores LLC, and SpeedMart Real Estate Holdings LLC are vicariously liable for the torts committed by their employees, who were acting within the scope of their employment during the assault, their failure to intervene, their failure to immediately call the police, their failure to provide first aid, and their failure to seek immediate emergency medical attention for Michael.
III. NEGLIGENT TRAINING/SUPERVISION
26. Plaintiffs reassert the facts outlined in the introduction.
27. The Plaintiffs assert that SpeedMart, SpeedMart Convenience Stores LLC, and SpeedMart Real Estate Holdings LLC had a duty to properly train and supervise their employees, including Johnson, and any other unknown “John Doe(s)” employees who were working for the business at the time of the assault.
28. Due to the failure to properly train employees, Johnson, and possibly others, failed to act within the standard of care for retail employees when an act of violence occurred at the business, a customer was injured, and when a customer was in urgent need of medical care. The negligent training and failure of SpeedMart and its parent companies to properly train and supervise its employees in emergency protocol was a direct and proximate cause of not just the assault of Michael, but the repeated assaults of Michael, as well as his eventual death due to the failure to immediately intervene in the incident, failure to immediately call 911 to contact the police, and failure to immediately call for an ambulance/EMS.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray that this Honorable Court enter judgment against Defendants, and in favor of Plaintiffs, and award Plaintiffs compensatory damages, economic and non-economic damages, punitive damages, attorney fees, pre-judgment and post-judgment interest, and any other appropriate relief as deemed just and proper by this Court.
Respectfully submitted,
/s/ [Signature]
JURY DEMAND
Plaintiffs demand a trial by jury to determine all issues of fact and damages in accordance with Ohio Rule of Civil Procedure 38.