IN RE: EUGENE SZIBER EUGENE SZIBER SHARON GRENIG Applicants
to S.C. Reporter 5/23/17
DECISION OF THE MAGISTRATE
R. BORCHERT, Magistrate Judge
On December 30, 2014, applicant, Sharon Grenig, filed a
compensation application as the result of a felonious assault
and attempted murder suffered by Eugene Sziber, her father.
On April 9, 2015, the Attorney General issued a finding of
fact and decision determining that applicant satisfied the
necessary jurisdictional requirement to qualify Eugene Sziber
as a victim of criminally injurious conduct pursuant to R.C.
2743.51(C)(1). Applicant was granted an award in the amount
of $371.34. On April 27, 2015, applicant submitted a request
On August 25, 2015, the Attorney General rendered a Final
Decision finding no reason to modify his initial award. On
September 30, 2015, applicant filed a notice of appeal from
the August 25, 2015 Final Decision of the Attorney General.
Hence, a hearing was held before this magistrate on February
24, 2016 at 11:00 a.m.
Applicant's attorney, Matthew Shaughnessy appeared in
person while applicant Sharon Grenig appeared via telephone.
The state of Ohio was represented by Associate Assistant
Attorney General Melissa Montgomery.
Initially, the Attorney General stated a subpoena for Dwayne
Davis was improperly served. However, to avoid any issue
involving the proper service of the subpoena, Mr. Davis was
present in the court room. Accordingly, this issue was
The second issue involved applicant's notice that
photographic evidence would be presented at the hearing.
However, the notice did not contain the photographic evidence
and the Attorney General only received this evidence one day
prior to the hearing. Consequently, the Attorney General has
had no opportunity to research the authenticity of the
photographs, accordingly, they should be denied admission
Applicant countered that the notice described what the
pictures would show. Applicant argued a foundation would have
to be established, and if successfully done the photos should
be admitted into evidence.
In response, the Attorney General has no dispute that Mr.
Sziber is a victim of criminally injurious conduct and he
sustained his injuries as the result of the criminal conduct,
however, these particular photographs cannot be verified.
Based on the fact that Mr. Sziber and applicant will be
testifying with respect to the seriousness of injuries and
all medical reports are contained in the claim file,
applicant's motion to introduce the photographs is denied
since the Attorney General has not had ample opportunity to
prepare for their introduction.
Applicant made an opening statement describing the criminal
conduct and the seriousness of the injuries sustained by Mr.
Sziber. Applicant argued it was necessary for Sharon Grenig
to travel from her home in Akron to assist her father,
transport him to medical appointments, and provide basic
home-care during his period of recovery, which lasted
approximately three months. Applicant is requesting
reimbursement for the mileage expenses and ordinary and
necessary services she provided to her father during this
period. Furthermore, while money did not exchange hands for
the services provided it was always Mr. Sziber's
intention that his daughter be compensated.
Ms. Grenig also seeks parking fees in conjunction with a
Civil Protection Order, postage expenses for mailing relevant
documentation to the Attorney General's office, and crime
scene cleanup expenses.
The Attorney General waived opening statement. Applicant
called Eugene Sziber to testify, via telephone. The Attorney
General made a motion for separation of the witnesses,
however, this motion was denied since a victim and applicant
have the right to be present at the hearing.
Mr. Sziber testified about the events leading up to the
assault and the assault itself. He related as the result of
the assault he sustained seven fractures to his skull, a
broken nose, fractures of both wrists, damage to his right
eye, and almost bled to death.
He revealed during his two and one half day stay in the
hospital, Sharon cleaned up the blood at the crime scene.
Upon his discharge from the hospital on October 30, 2014,
Sharon visited him on a daily basis providing cooking,
cleaning, necessary household duties plus caring for his
wounds and transporting him to doctor's appointments (It
should be noted Mr. Sziber was 82 years-old at the time of
the assault and had not driven a vehicle for several years).
Prior to his injuries, Mr. Sziber related he was able to care
for himself with respect to cooking and cleaning and able to
navigate stairs on his own accord. After his return home, he
was extremely weak due to the loss of blood, unable to cook
or dress himself and needed assistance to climb the stairs.
Upon cross-examination, the Attorney General questioned Mr.
Sziber about home health care he was receiving prior to the
incident. He related he was experiencing heart issues and his
knee and legs were swelling up due to the retention of water.
A nurse would come to his residence twice a week to bandage
his legs. He acknowledged that the step-sister of the
assailant performed housekeeping duties for him prior to the
assault and also would drive him to the grocery store and run
Mr. Sziber related he is retired and receiving $1, 157.00 per
month in retirement income. He has Medicare as his insurance
Upon redirect-examination, Mr. Sziber clarified that Amanda
Britton (assailant's step-sister) helped him twice a
month for four hours at a rate of $15.00 per hour plus he
gave her $10.00 for gas. Her duties only consisted of
housecleaning, laundry, and grocery shopping. Whereupon, the
testimony of Mr. Sziber was concluded.
Sharon Grenig was called to testify via telephone. Upon her
Father's return home he was physically weak and
emotionally traumatized, requiring her to perform all
necessary household duties, pay outstanding bills, grocery
shop, pick ...