NAILAH K.

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

Court of Common Pleas

New Case Electronically Filed:

December 24,2018 14:37

By: MARKR. KOBERNA 0038985

Confirmation Nbr. 1583297

BORIS MORRISON, ADMIN OF ESTATE FOR BETTY CV 18 908804

MORRISON

vs.
Judge: NANCY A. FUERST
CITY OF WARRENSVTT T E HEIGHTS, ET AL.

Pages Filed: 18

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 IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO

BORIS MORRISON as Administrator of the

)
Estate of Betty L. Morrison, deceased,
)
)
Plaintiff, )
) COMPLAINT
vs. )
) Jury Demand Endorsed Hereon
CITY OF WARRENSVILLE HEIGHTS )
4301 Warrensville Center Road )
Warrensville Heights, Ohio 44128 )
)
and )
)
HERBERT WAUGH, JR. )
CHIEF OF THE WARRENSVILLE HEIGHTS )
FIRE DEPARTMENT )
6025 Richmond Road )
Solon, Ohio 44139 )
)
and )
)
BRADLEY D. SELLERS )
MAYOR OF THE CITY OF WARRENSVILLE)
HEIGHTS )
26775 Rue Saint Anne Court )
Warrensville Heights, Ohio 44128 )
)
and )
)
NICHOLAS KAMINSKY )
18720 White Oaks Drive )
Chagrin Falls, Ohio 44023 )
)
and )
)
DAVID RANCOURT, JR. )
6372 Gray Sea Way )
Columbia, Maryland 21045 )
)
and )
)
)
)

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 LYNNESHA HAMILTON )
1131 Castleton Road )
Cleveland, Ohio 44121 )
)
Defendants. )

Plaintiff Boris Morrison, Administrator of the Estate of Betty L. Morrison, for his

Complaint in this matter, alleges as follows:

PARTIES AND VENUE

1. Boris Morrison has been appointed Administrator of the Estate of Betty L. Morrison

(the “Estate”) by the Cuyahoga County Probate Court. Plaintiff continues in such capacity to date.

Plaintiff brings this wrongful death and survivorship action as the personal representative for the

exclusive benefit of the Estate and the surviving beneficiaries of the deceased.

2. Until her death on September 5, 2017, Betty Morrison (“Betty”) resided at 19219

Lanbury Avenue, Warrensville Heights, Ohio 44122.

3. Betty worked at Shaw High School for thirty-five years, and at the time of her death

worked as a paraprofessional for the Cleveland Municipal School District.

4. Defendant City of Warrensville Heights (the “City”) is a municipal corporation

located in Cuyahoga County, Ohio with its office located at 4301 Warrensville Center Road,

Warrensville Heights, Ohio 44128.

5. Defendant Herbert Waugh, Jr. (“Chief Waugh”) is, and was at all times relevant

hereto, employed as the Chief of the Warrensville Heights Fire Department.

6. Defendant Bradley D. Sellers (“Mayor Sellers”) is, and was at all times relevant

hereto, the duly elected Mayor of the City of Warrensville Heights, Ohio.

7. Defendant Nicholas Kaminsky (“Kaminsky”) was employed at all times relevant

hereto as a firefighter for the Warrensville Heights Fire Department.

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 8. Defendant David Rancourt, Jr. (“Rancourt”) was employed at all times relevant

hereto as a firefighter for the Warrensville Heights Fire Department.

9. Defendant Lynnesha Hamilton (“Hamilton”) was employed at all times relevant

hereto as a dispatcher for the City of Warrensville Heights.

10. Venue is proper in this Court and this Court has jurisdiction over this claim and the

Defendants because, among other reasons, Cuyahoga County is where the activity that gave rise

to the claims for relief occurred, where all or part of the claim for relief arose and is where the

Defendants reside or have their place of business.

THE KNOWN AND IGNORED SYSTEMIC FAILURES AT THE CITY OF

WARRENSVILLE HEIGHTS FIRE DEPARTMENT

11. For many years, the City of Warrensville Heights’ emergency response and

dispatch services have suffered from, among other things, systemic and widespread failures, lack

of properly functioning and/or up-to-date equipment, a total absence of needed and appropriate

procedures, guidelines and protocols, non-existent and/or woefully inadequate training and

supervision, and overwhelmed personnel.

12. These systemic failures and widespread problems have been known to the City, its

Mayor, its Fire Chief and other city officials for years. Until the unfortunate, premature and

entirely unnecessary death of long-time Warrensville Heights resident Betty Morrison (Betty died

on September 5, 2017 of respiratory failure while helplessly waiting at her front door for

Warrensville Heights paramedics to respond to her 911 call for help for an asthma attack), repeated

complaints about the failures and problems at the Warrensville Heights Fire Department went

completely ignored. The City of Warrensville, its Mayor, its Fire Chief and other city officials

chose to look the other way, and there were no steps taken to remedy or abate the ongoing, known

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 and serious systemic failures and problems with the City’s emergency response and dispatch

services.

13. On January 18, 2018, after complaints were received from Betty’s family, Mayor

Sellers finally asked the Cuyahoga County Sheriff’s Office to investigate the circumstances

surrounding the City’s response to Betty’s 911 call.

THE CUYAHOGA COUNTY SHERIFF’S DEPARTMENT INVESTIGATION

AND REPORT

14. Following its investigation, the Cuyahoga County Sheriff Department issued a

report (the “Investigation Report”), attached hereto as Exhibit A and incorporated herein by

reference. Although the Sheriff’s Department concluded that the conduct of the City and its

employees in connection with Betty’s death did not rise to the level of criminal misconduct, the

Investigation Report detailed a host of systematic and widespread failures at the Warrensville

Heights Fire Department—particularly as it relates to the City’s firefighters being dispatched and

responding to incorrect addresses, delaying timely and potentially life-saving emergency services

to the City’s residents. The Investigation Report, for example, states:

Systematic Failure at Warrensville Heights. Lack of training equipment and

policies and procedures. Lack of properly functioning equipment from speakers

inside Station 1 to no computers or linked GPS units inside any Engine, ladder or

Squad. [Firefighters] have to hope that Speakers are working to hear the address

of a call they are being dispatched to. There is no system of checks and balance. If

an address is communicated incorrectly by dispatch or writing [sic] down

incorrectly by firefighters there is no other written or electronic check on that

address. There is a check when [firefighters] radio to dispatch they are enroute to a

call but if dispatch does not hear this traffic and does not respond or doesn’t make

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 the correction to an incorrect address being stated then the same errors will be made.

sic.

15. Firefighter Kaminsky told the Cuyahoga County Sheriff that Warrensville Heights

commonly has problems with firefighters being dispatched or responding to the wrong address in

response to 911 calls. He stated that, at least a couple times a month, there are problems with

firefighters being dispatched to or responding to the wrong address, delaying critical, potentially

life-saving emergency treatment. Firefighter Kaminsky stated that these problems never happened

at any other agency he has worked for.

16. The Investigation Report also uncovered that the Warrensville Heights Fire

Department:

Lacks training.

Lacks any policies or procedures.

Is unable to reliably contact dispatch.

Relies on 1960s technology.

Lacks properly functioning speakers to hear dispatch.

Lacks computers in its vehicles, GPS, or any modern methods for providing EMS

service.

Has no system of checks and balances to ensure critical information is

communicated accurately.

Relies upon inadequate and overwhelmed dispatchers who leave the desk every

twenty minutes.

Relies on pieces of scratch paper, if any are around, to record the addresses for

emergency service calls.

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 “Guestimates” information contained in its emergency response run reports.

INADEQUATE AND OVERWHELMED DISPATCHERS

17. Warrensville Heights emergency dispatchers work in shifts of only one person at a

time.

18. Dispatchers have several additional j ob responsibilities, such as preparing warrants,

preparing and maintaining the records of stolen property, and oversight of prisoners, including

arrangements for food, care, and jail inspection.

19. The dispatchers are inadequately trained and do not follow any set of policies,

procedures or guidelines.

20. The Investigation Report noted that the single dispatcher can easily become

overwhelmed with his or her responsibilities due to the amount of calls for service, both for police

and fire that the City handles.

21. Warrensville Heights’ firefighters have repeatedly complained about the systemic

problems with the City’s emergency response and dispatch services. These complaints have been

directed specifically to Chief Herb Waugh for years, and the ongoing problems have been raised

regularly at monthly meetings.

22. Firefighter Patrick told the Sheriff that it is a fairly regular occurrence that they will

transmit radio traffic without any response at all from dispatch. Firefighter Jordan gave the Sheriff

an example of an EMS call in the summer of 2017 involving gunshots, during which firefighters

were unable to get a hold of dispatch because the dispatcher was inside the jail performing required

inmate care duties. He said he was in fear for his life during the incident.

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 23. Firefighter Jordan said that there are issues with dispatch not responding several

times a week. He said, “We are working in the blind and relying 100% off understaffed and maybe

untrained people.”

24. Dispatcher Hamilton chose not to cooperate with the Sheriff’s investigation.

NO POLICIES, PROCEDURES OR TRAINING

25. The Investigation Report notes that, despite multiple requests, the Sheriff was never

provided with any policies or procedures regarding dispatching of calls, emergency response

procedures and/or any other policies.

26. That is because they do not exist. The Warrensville Heights Fire Department has

no policies or procedures.

27. The Warrensville Heights Fire Department also does not have any kind of training

or instruction for firefighters.

28. Kaminsky, Rancourt, Patrick and Jordan all stated that they received no training,

and that firefighters simply learned on the job. They also stated that there were no policies and

procedures in place except for an evacuation plan, and that the way things are done is

communicated by word of mouth only.

INADEQUATE RESOURCES AND TECHNOLOGY

29. Warrensville Heights relies on dangerously outdated technology that is frequently

broken.

30. Firefighter Kaminsky told the Cuyahoga County Sheriff that, “the system in place

that we have is archaic and to provide better care to our residents it needs to be upgraded.”

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 31. When calls come in to the fire station, someone answers the phone and then writes

down the address that the firefighters need to respond to on a piece of scrap paper or “whatever is

around to write on.”

32. Sometimes the address is called over the intercom but often the intercom does not

work.

33. Firefighter Patrick told the Cuyahoga County Sheriff that the processing and

dispatching of calls has not changed in his twenty-three years with the Warrensville Heights Fire

Department.

34. Firefighter Patrick stated, “Everyone has played telephone as kids but well we got

that in a real-life emergency situation and it just doesn’t work out, and that was 1960s technology

that we are working on.”

35. Firefighter Jordan also told the Sheriff that Warrensville Heights has faulty only-

sometimes working speakers that make it difficult to hear radio traffic in the station, and no

automated notification system or even a computer to print off an address.

36. Firefighter Jordan stated that these issues are not a secret to anyone, including Chief

Waugh.

37. Firefighter Kaminsky has worked for seven fire departments and ranks

Warrensville Heights as the worst in terms of overall equipment, efficiency, leaders, policies and

procedure. He explained to the Sheriff that Warrensville Heights has old equipment, no guidelines,

no policies and procedures, and lack of training and lack of education. He explained that he is

unaware of any other emergency response or dispatch service that uses a “scratch sheet of paper”

to record the address to which firefighters are to respond to provide potentially life-saving medical

treatment.

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 38. Firefighter Kaminsky stated that these issues have been long standing problems

which have been logged through meetings and officers and emails. He stated that the wide-ranging

and systemic dispatching problems are “not a secret.”

BETTY MORRISON’S CALL FOR HELP

39. On the morning of September 5, 2017, Betty Morrison, a 71-year-old, long time

resident of Warrensville Heights, called 911, reported she was having an asthma attack, and that

her address was “19219 Lanbury.”

40. Betty was having a difficult time breathing, but she can be clearly heard giving her

address accurately on a recording of her 911 call.

41. The City’s dispatcher, Hamilton, who answered Betty’s 911 call, repeated back the

address of “19219 Lanbury,” and said that she would be sending the squad.

42. Hamilton was the only dispatcher working that day.

43. Upon information and belief, Hamilton then called the Warrensville Heights fire

station regarding Betty and her immediate need for emergency medical services.

44. There are no records of any call from Hamilton to the fire station because the

recording system at the fire station does not work whenever a dispatcher uses the speakerphone,

and it appears that in this case Hamilton used the speakerphone to call the fire station.

45. In Warrensville Heights, emergency medical service is dispatched from the fire

station, and the firefighters also act as paramedics.

46. Warrensville Heights has two fire stations, but the second fire station was closed

due to mold and understaffing.

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 47. When Betty called 911 at approximately 9:37 a.m. on September 5, 2017, the

Warrensville Heights firefighters were returning from a call for fire service at 4901 Galaxy

Parkway, Warrensville Heights, Ohio 44128.

48. This meant that the firefighters had to return to the fire station, park the ladder truck

they used to respond to the fire service call, change out of Turn Out Gear, and take a different

vehicle to respond to Betty’s 911 call.

49. The report from the fire service call (Report 17-0002208) states that the firefighters

left 4901 Galaxy Parkway, Warrensville Heights, Ohio 44128 at 9:30 a.m.

50. 4901 Galaxy Parkway is approximately ten minutes away from the fire station,

which is located at City Hall at 4301 Warrensville Center Road, Warrensville Heights, Ohio 44128.

51. According to the run report of the EMS service to Betty (Report 17-0002209), the

firefighters left the fire station to respond to Betty at 9:40 a.m.

52. The times recorded in the Warrensville Heights Fire Department’s reports from

September 5, 2017 are contradictory and inaccurate.

53. There is a recording of Rancourt and Kaminsky radioing dispatcher Hamilton when

they left the fire station. In the recording, the firefighters state, “responding to 19419 Lanbury”

and Hamilton responds, “9:42,” which is meant to be an acknowledgment, and to mark the time.

Betty’s address is 19219 Lanbury, not 19419 Lanbury.

54. Hamilton did not correct the incorrect address given by the firefighters.

55. Rancourt and Kaminsky radioed dispatch sometime later and stated, “on scene.”

Hamilton did not respond. A recording of this transmission is listed as occurring at 9:43 a.m.

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 56. Unfortunately, but not surprisingly given the systemic failures at the Warrensville

Heights Fire Department, Rancourt and Kaminsky were not in fact “on scene,”—they had arrived

at the wrong address, 19419 Lanbury.

57. It is unknown how much time had passed at this point, but sometime later Rancourt

and Kaminsky radioed dispatch again and stated, “can we get an address check on this please?”

and Hamilton responded, “19219. 19219.” A recording of this transmission is listed as occurring

at 9:45 a.m.

58. Recordings of radio calls from the firefighters to dispatch on the morning in

question include time stamps indicating that Rancourt and Kaminsky were enroute to the wrong

address at 9:40:43 a.m., that they arrived at the wrong address at 9:43:46 a.m., that they checked

for the correct address at 9:45:59 a.m., and that they did not arrive at the correct address until at

least 9:47:08 a.m.

59. Hamilton stated in a recorded transmission that Rancourt and Kaminsky did not

arrive at Betty’s house until 9:49 a.m.

60. The resident of 19419 Lanbury states that Rancourt and Kaminsky were at her

house for approximately ten minutes before leaving for Betty’s house. She stated that Rancourt

and Kaminsky talked to her at her door for a few minutes, and then sat in the ambulance for several

minutes. The resident states that Rancourt and Kaminsky did not seem to be in any hurry at all.

She stated that there was no urgency from Rancourt and Kaminsky, and that they walked away

from her house back to the ambulance with a “casual stroll.”

61. So, it is not clear exactly when Rancourt and Kaminsky actually arrived at Betty’s

house, but whenever it was, it was too late. When Rancourt and Kaminsky arrived at 19219

Lanbury, they found Betty unresponsive, pulseless and not breathing. Rancourt and Kaminsky

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 called for additional assistance, and firefighters Patrick and Jordan responded to assist in treating

Betty.

62. Betty was then transported to Southpoint Hospital in Warrensville Heights, where

she was pronounced dead.

63. Betty’s death was the direct and proximate result of the late and delayed emergency

medical treatment.

64. Rancourt and/or Kaminsky thereafter prepared the official EMS run report relating

to Betty’s 911 call. The run report states that the firefighters left the fire station to respond to

Betty’s call at 9:40 a.m. and arrived at 19219 Lanbury at 9:44 a.m. The times listed in the

Warrensville Heights Fire Department run report are false, since Rancourt and Kaminsky were

still at the wrong address at 9:44 a.m. and had not arrived at Betty’s house for at least several more

minutes. The fact that the firefighters went to the wrong house was not even mentioned in the run

report.

65. Upon information and belief, the Warrensville Heights Fire Department run report

was intentionally falsified to conceal the fact that Betty did not receive timely emergency medical

treatment.

COUNT I - WILLFUL AND WANTON MISCONDUCT

BY THE CITY OF WARRENSVILLE HEIGHTS

66. Plaintiff incorporates all the statements and allegations contained in the foregoing

paragraphs as if fully rewritten herein.

67. The City knew that the inadequate, untrained and overworked personnel, the lack

of any policies or procedures, and the inadequate resources and technology were causing harm to

the residents of Warrensville Heights.

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 68. The City knew that firefighters were regularly being dispatched to and/or

responding to the wrong addresses. The City knew that its firefighters were regularly responding

to deadly and dangerous situations and were unable to contact dispatch at critical times. These

issues were routinely brought to the City’s attention at various meetings.

69. The City’s decision to do nothing in the face of continued complaints from

firefighters, and direct knowledge of dangerous incidents, constitutes acting with a deliberate

purpose not to discharge a duty necessary to safety.

70. The City’s intentionally deviated from a clear duty or from a definite rule of

conduct, acted with a deliberate purpose not to discharge some duty necessary to safety, and

purposefully engaged in wrongful acts with knowledge or appreciation of the likelihood of

resulting injury.

71. The City failed to exercise any care toward those to whom a duty of care is owed

in circumstances in which there is great probability that harm will result.

72. The City’s acts or omissions were in bad faith, willful, wanton, and reckless.

73. The City’s willful, wanton and reckless acts or omissions directly and proximately

caused injury to the Plaintiff.

74. The City’s willful, wanton and reckless acts or omissions directly and proximately

caused Betty Morrison’s death.

75. The City is liable for the willful and wanton misconduct of its dispatchers, first

responders, EMTs, and paramedics, including, without limitation, Hamilton, Kaminsky and

Rancourt. The City is liable for the willful and wanton misconduct of Mayor Sellers and/or Chief

Waugh.

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 COUNT II - WILLFUL, WANTON AND RECKLESS MISCONDUCT
BY MAYOR SELLERS, CHIEF WAUGH, FIREFIGHTERS KAMINSKY AND
RANCOURT, AND DISPATCHER HAMILTON

76. Plaintiff incorporates all the statements and allegations contained in the foregoing

paragraphs as if fully rewritten herein.

77. Firefighters Kaminsky and Rancourt, Mayor Sellers, Chief Waugh and dispatcher

Hamilton (collectively, the “Individual Defendants”) knew that the inadequate, untrained,

unsupervised and overworked personnel, the lack of any policies or procedures, and the inadequate

resources and technology were causing harm to the residents of Warrensville Heights.

78. The Individual Defendants knew that firefighters were dispatched or responded to

incorrect addresses on a regular and recurring basis. The Individual Defendants knew that

firefighters were regularly responding to deadly and dangerous situations and were unable to reach

dispatch at critical times.

79. The Individual Defendants knew that other fire departments were not run this way,

and they knew what policies and procedures needed to be adopted to avoid a serious risk of harm.

80. Kaminsky and Rancourt’s failure to make any effort whatsoever to verify the

address that the firefighters were responding to, or at a minimum, to get a confirmation of the

address from dispatch when radioing the incorrect address, demonstrates a conscious disregard of

or indifference to a known or obvious risk of harm to another that is unreasonable under the

circumstances and is substantially greater than negligent conduct.

81. Dispatcher Hamilton’s failure to respond to or properly acknowledge radio

transmissions demonstrates a conscious disregard of or indifference to a known or obvious risk of

harm that is unreasonable under the circumstances and is substantially greater than negligent

conduct.

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 82. The conduct of Kaminsky and Rancourt, in failing to act with any level of urgency

when then realized they were at the wrong address, knowing that Betty was in desperate need of

immediate, emergency medical treatment, demonstrates a conscious disregard of or indifference

to a known or obvious risk of harm that is unreasonable under the circumstances and is

substantially greater than negligent conduct.

83. Mayor Sellers’ and Chief Waugh’s failure to make any effort to create policies or

procedures for verifying the address that firefighters are responding to, or at a minimum to get a

confirmation of the address from dispatch when radioing the incorrect address, demonstrates a

conscious disregard of or indifference to a known or obvious risk of harm that is unreasonable

under the circumstances and is substantially greater than negligent conduct.

84. Mayor Sellers and Chief Waugh’s failure to implement policies, procedures,

training or education, and their failure to provide the City’s firefighters with safe procedures and

technology for dispatching and responding to emergency situations constitutes wanton misconduct

in addition to a conscious disregard of or indifference to a known or obvious risk of harm that is

unreasonable under the circumstances and is substantially greater than negligent conduct.

85. Mayor Sellers and Chief’s Waugh’s decision to do nothing at all to abate or remedy

the systemic and widespread failures with the City’s emergency response and dispatch services,

even though they knew the Fire Department was being operated in a dangerous and unsafe manner

with untrained and/or unsupervised personnel, no policies or procedures and dangerously outdated

resources and technology, constitutes acting with a deliberate purpose not to discharge a duty

necessary to safety.

86. The Individual Defendants’ decision to do nothing even though they knew the Fire

Department was being operated in an unsafe manner constitutes acting with a deliberate purpose

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 not to discharge a duty necessary to safety. These Individual Defendants were conscious that their

conduct would in all probability result in injury and therefore their actions constitute wanton

misconduct.

87. Kaminsky and Rancourt intentionally falsified the times on the report of the EMS

service to Betty, and did not disclose the report that they went to the incorrect address.

88. The Individual Defendants intentionally deviated from a clear duty or from a

definite rule of conduct.

89. The Individual Defendants acted with a deliberate purpose not to discharge some

duty necessary to safety, and purposefully engaged in wrongful acts with knowledge or

appreciation of the likelihood of resulting injury.

90. The Individual Defendants failed to exercise any care toward those to whom a duty

of care is owed in circumstances in which there is great probability that harm will result

91. The Individual Defendants’ acts or omissions were in bad faith, willful, wanton,

and reckless.

92. The Individual Defendants’ willful, wanton and reckless acts or omissions directly

and proximately caused injury to Betty.

93. Betty died as a direct and proximate result of the Individual Defendants’ willful,

wanton and reckless conduct.

COUNT III - WRONGFUL DEATH

94. Plaintiff incorporates all the statements and allegations contained in the foregoing

paragraphs as if fully rewritten herein.

95. Betty died as a direct and proximate result of the bad faith, willful, wanton, and

reckless conduct of the Defendants.

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 96. As a direct and proximate result of the bad faith, willful, wanton, and reckless

conduct of the Defendants, Betty’s beneficiaries have suffered, and will continue to suffer,

damages for the loss of her society over her life expectancy, including the loss of companionship,

care, assistance, protection, advice, guidance, counsel, instruction, training and education.

97. As a direct and proximate result of Betty’s wrongful death, Betty’s beneficiaries

suffered damages for, among other things, loss of support and loss of prospective inheritance.

98. As a direct and proximate result of Betty’s wrongful death, Betty’s beneficiaries

have suffered, and will continue to suffer, damages for mental anguish and emotional trauma.

99. As a direct and proximate result of Betty’s wrongful death, Betty’s beneficiaries

and/or the Estate have incurred expenses necessary for Betty’s funeral and burial.

COUNT IV - SURVIVORSHIP

100. Plaintiff incorporates all the statements and allegations contained in the foregoing

as if fully rewritten herein.

101. As a direct and proximate result of Defendants’ willful, wanton and reckless

conduct, Betty suffered severe physical pain and mental anguish.

102. As a direct and proximate result of Defendants’ willful, wanton and reckless

conduct, Betty suffered severe and conscious emotional and mental pain, and fear of impending

death.

WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally, as

follows:

I. As to Count I, a judgment in favor of Plaintiff and against the City of Warrensville

Heights in an amount in excess of $25,000.00;

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 II. As to Count II a judgment in favor of Plaintiff, and against the Individual

Defendants in an amount in excess of $25,000.00;

III. As to Count III, a judgment in favor of Plaintiff, and against the Defendants in an

amount in excess of $25,000.00;

IV. As to Count IV, a judgment in favor of Plaintiff, and against the Defendants in an

amount in excess of $25,000.00;

V. On all Counts, interest, reasonable attorney’s fees, punitive damages, costs, and

such other and further relief as this Court deems just and appropriate.

Respectfully submitted,

/s/ Mark R. Koberna_ _ _ _ _ _ _ _ _ _ _ _ _

MARK R. KOBERNA (0038985)
ANDREW J. YARGER (0086919)
SONKIN & KOBERNA, LLC
3401 Enterprise Parkway, Suite 400
Cleveland, Ohio 44122
Telephone (216) 514-8300
Facsimile (216) 514-4467
mkoberna@sklawllc. com
ayarger@sklawllc .com

Attorneys for PlaintiffBoris Morrison as

Administrator of the Estate ofBetty Morrison

JURY DEMAND

The Plaintiff demands trial by jury on all claims by the maximum number ofjurors allowed

by law.

/s/ Mark R. Koberna_ _ _ _ _ _ _

MARK R. KOBERNA (0038985)

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