ASHLEY LONG, Individually and as the mother of MA-LEIGHA HARRIS, A minor, Plaintiff-Appellees
SAVANNAH FERRELL, Defendant-Appellant
from the Court of Common Pleas, Case No. 2016CV01520
Plaintiff-Appellees DOUGLAS C. BOND,
Defendant-Appellant CRAIG G. PELINI, KYLE A. JOHNSON
Founders Insurance JOSH L. SCHOENBERGER
JUDGES: Hon. John W. Wise, P.J. Hon. Craig R. Baldwin, J.
Hon. Earle E. Wise, Jr., J.
1} Defendant-Appellant, Savannah Ferrell (Ferrell) appeals
the March 21, 2017 judgment of the Stark County Court of
Common Pleas denying her Civ.R. 60(B) Motion to Vacate
Default Judgment. Plaintiff-Appellee is Ashley Long (Long),
individually, and as mother of Ma-Leigha Harris.
AND PROCEDURAL HISTORY
2} On February 28, 2016, Long and her two children, Michael
and 18-month old Ma-Leigha were at Ferrell's home.
Ferrell asked Long to come over because she was upset over
needing to take two of her four children to the hospital due
to allegations of sexual abuse perpetrated by their father.
Kayla Pellerin was present to watch Ferrell's remaining
two children while Ferrell went to the hospital. Before
Ferrell left, Long went to the store, leaving Michael and
Ma-Leigha at Ferrell's home.
3} As Ferrell got ready to leave, she observed the children
playing in the front yard, the street, and behind her
vehicle. She therefore went inside and asked Pellerin to
gather the children and take them inside. Ferrell then saw
the children run toward the back yard.
4} Ferrell got into her truck to leave for the hospital. She
briefly spoke with Pellerin, who was standing beside
Ferrell's truck. As Ferrell backed her truck out of the
driveway, she hit Ma-Leigha. Ma-Leigha sustained serious
5} Ferrell initially lied about what happened by saying
Ma-Leigha fell in the woods. But when questioned by police
several hours after the accident, she admitted hitting
Ma-Leigha with her truck.
6} On July 1, 2016, Long filed a personal injury complaint on
behalf of Ma-Leigha for the injuries she sustained, and on
behalf of herself for the emotional distress she suffered due
to Ma-Leigha's injuries. Ferrell was served with the
complaint on August 10, 2016. On September 30, 2016, after
Ferrell failed to answer the complaint, Long filed a motion
for default judgment.
7} On December 2, 2016, the trial court held a hearing on the
matter. Long appeared at the hearing represented by counsel.
Ferrell, although insured by Founders Insurance, appeared pro
se. The trial court heard testimony from both Long and
Ferrell. For her part, Ferrell admitted she struck Ma-Leigha
while backing out of her driveway, causing the child's
injuries. Ferrell was not sure who was responsible for
watching Ma-Leigha while Long was at the store. Based on
Ferrell's admissions, on December 5, 2016, the trial