LAURA J. ROSS Appellant
TRACEY L. JOHNSON, ET AL. Appellees
FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
LORAIN, OHIO CASE No. 16CV188444
APPEARANCES: MARK E. STEPHENSON, Attorney at Law, for
F. CRAIG, Attorney at Law, for Appellees.
DECISION AND JOURNAL ENTRY
J. CARR JUDGE.
Appellant, Laura Ross, appeals the judgment of the Lorain
County Court of Common Pleas. This Court affirms.
This matter arises out of a physical altercation that
occurred at Pudge's Place & Patio ("Pudge's
Place"), a bar in Elyria, Ohio. On January 19, 2015,
Ross and Shelly Johns entered Pudge's Place and proceeded
to order drinks. Ross and Johns were served their beers by
Tracey Johnson, the bartender working that afternoon. A short
time later, Ross and Johns got into a heated argument with
Johnson about Johnson's boyfriend. During the argument,
Ross pushed Johnson and made physical contact several other
times. Johnson directed Ross and Johns to leave the bar but
the women refused to leave. Johnson placed a telephone call
to Ginger Sherrill and requested that Sherrill come to the
bar to help resolve the situation. Ross went behind the bar
and reached for the phone. At one point, Ross struck Johnson
in the face. In return, Johnson swung and struck Ross in the
eye with a beer glass that she was holding in her hand. The
beer glass shattered. Ross suffered very serious injuries.
The incident was captured by a video surveillance system.
On January 14, 2016, Ross filed a complaint against Johnson,
Pudge's Place, Inc., TMD Investments of Elyria, LLC.
("TMD"), and Sherrill. Ross asserted claims of
battery and negligence, as well as theories of vicarious
liability. Johnson did not file an answer to the complaint.
Pudge's Place filed an answer generally denying the
allegations in the complaint. Sherrill and TMD filed an
answer along with counterclaims against Ross for frivolous
conduct and abuse of process.
Thereafter, Pudge's Place, Inc., TMD, and Sherrill filed
a motion for summary judgment on the claims in the complaint.
Ross filed a brief in opposition to the motion for summary
judgment. Pudge's Place, Inc., TMD, and Sherrill filed a
reply brief in support of the motion. On January 10, 2017,
the trial court issued a decision granting the motion for
summary judgment in regard to TMD and Sherrill on the grounds
that there was no basis for liability to be imposed upon
those defendants. The trial court denied the motion for
summary judgment as it pertained to Pudge's Place, Inc.
After the trial court issued its summary judgment order, TMD
and Sherrill dismissed their counterclaims without prejudice.
Ross successfully moved for default judgment against Johnson.
Pudge's Place, Inc. confessed that it was vicariously
liable for Johnson's actions. Pudge's Place consented
to a judgment against it in the amount of $330, 000.
On appeal, Ross raises one assignment of error.
LOWER COURT ERRED WHEN IT GRANTED SUMMARY JUDGMENTS FOR THE
APPELLEES GINGER A SHERRILL AND ...