Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Long v. Ferrell

Court of Appeals of Ohio, Fifth District, Stark

January 9, 2018

ASHLEY LONG, Individually and as the mother of MA-LEIGHA HARRIS, A minor, Plaintiff-Appellees
v.
SAVANNAH FERRELL, Defendant-Appellant

         Appeal from the Court of Common Pleas, Case No. 2016CV01520

          For Plaintiff-Appellees DOUGLAS C. BOND,

          For Defendant-Appellant CRAIG G. PELINI, KYLE A. JOHNSON

          For Founders Insurance JOSH L. SCHOENBERGER

          JUDGES: Hon. John W. Wise, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          WISE, EARLE, 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.

         FACTS 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 injuries.

         {¶ 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.