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.

In re Paolucci

Court of Claims of Ohio

August 29, 2019

IN RE: DENISE PAOLUCCI DENISE PAOLUCCI Applicant

          Sent to S.C. Reporter 12/10/19

          DECISION OF THE MAGISTRATE

          DANIEL R. BORCHERT MAGISTRATE

         {¶1} On November 14, 2018, applicant, Denise Paolucci, filed a compensation application as the result of an alleged assault which occurred on October 14, 2011.

         {¶2} On January 24, 2019, the Attorney General issued a finding of fact and decision denying applicant's claim for an award of reparations since she failed to prove she was a victim of criminally injurious conduct as defined by R.C. 2743.51(C)(1).

         {¶3} On February 25, 2019, applicant submitted a request for reconsideration. On March 11, 2019, the Attorney General rendered a Final Decision finding no reason to modify the initial decision. On April 9, 2019, applicant filed a notice of appeal from the March 11, 2019 Final Decision of the Attorney General. Hence, a hearing was held before this magistrate on July 2, 2019 at 10:00 a.m.

         {¶4} Applicant, Denise Paolucci appeared at the hearing, while the state of Ohio was represented by Assistant Attorney General, Robin Mathews.

         {¶5} Applicant testified on the day of the incident, October 14, 2011, she went to the Solid Rock Stables, to retrieve two of her horses after she was informed one of her horses had died. She stated she arrived on the property with a horse trailer and was accompanied by Karen Smith and Mr. Myers, to get her two other horses. Applicant asserted that Nadine VonGunten refused their admittance to the barn stating only applicant could enter the bar. At that point, she was attempting to hook up one of her horses to transport from the facility when Nadine slammed the stable door on her ankle, breaking it. Applicant, asserting she is still experiencing pain as the result of this incident.

         {¶6} Then, Nadine locked her in the stall. After finally leaving, she attempted to contact law enforcement but they provided no assistance. She wanted to press charges but no law enforcement authority or prosecutor's office would assist her.

         {¶7} Upon cross-examination, the Attorney General inquired about a report filed by VonGunten. Applicant indicated she was aware of the report. When asked if there were any legal problems which would have prevented her from picking up her horses she stated no. The Attorney General stated failure to pay stable fees was the reason she was denied picking up her horses, however, applicant replied she did pay.

         {¶8} The Attorney General cited a police report from the Uniontown Police Department which reveals that applicant was behind in her payments to the stable and a lien was placed on her horses. However, applicant stated this was untrue since she had paid her stable fees in full. (It should be noted, applicant submitted an invoice for the payment of the stable fees, however, the invoice was dated October 18th, four days after the incident in question).

         {¶9} The Attorney General again referred to the police report, which characterized this as a civil matter, a breach of contract. The Attorney General argued any injuries sustained by applicant incurred when she tried to remove horses, when there was a lien on them. Applicant denied this was the situation.

         {¶10} Applicant contended that Ms. VonGunten was part of a horse-theft ring. Furthermore, applicant asserted when Mr. Myers checked on the dead horse, they came to see the identifying tattoos present on her horse were not present on the dead horse presented as her own.

         {¶11} The Attorney General argued applicant attempted to enter the stable without permission. A police report filed by Ms. VonGunten reveals a lien was placed on the horses in question for non-payment. Furthermore, law enforcement determined there was no evidence of criminal conduct. Applicant contacted several law enforcement agencies plus the FBI and all determined applicant was attempted to enter the stable without permission. Any injuries sustained by applicant were of her own doing.

         {¶12} Applicant presented a copy of an invoice dated October 13, 2011, for veterinary services provided by Tricia M. Pugh, DVM in the amount of $260.00, and paid in full. Also, a copy of an invoice dated October 18, 2011, in the amount of $3, 591.00 to Solid Rock Stable. The invoice noted this was payment in full. Applicant also submitted a photocopy of a newspaper article in the Akron Beacon Journal concerning the theft of two gelding quarter horses. However, no dates ...


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.