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Gingrich v. G&G Feed & Supply LLC

Court of Appeals of Ohio, Fifth District, Licking

November 18, 2019

LORI J. GINGRICH Plaintiff-Appellant
v.
G&G FEED & SUPPLY LLC, ET AL. Defendants-Appellees

          Appeal from the Court of Common Pleas, Case No. 2018 CV 00410

          For Plaintiff-Appellant SANFORD A. MEIZLISH ROBERT E. DEROSE II JASON C. COX

          For Defendants-Appellees ANGELA PAUL WHITFIELD JILL ROGERS SPIKER

          Hon. Patricia A. Delaney, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Wise, Earle, J.

         {¶ 1} Plaintiff-Appellant, Lori J. Gingrich, appeals the January 15, 2019 decision and order of the Court of Common Pleas of Licking County, Ohio, granting relief from judgment to Defendants-Appellees, G&G Feed & Supply, LLC, Tera Gore, Global Vision Alliance, Inc., and IronGate Equestrian Center.

         FACTS AND PROCEDURAL HISTORY

         {¶ 2} On April 11, 2018, appellant filed a complaint against G&G Feed & Supply alleging an intentional tort. Appellant worked for G&G which was owned and operated by Tera Gore. An amended complaint was filed on April 13, 2018 to include as party defendants Ms. Gore, and other employer-related entities owned and operated by Ms. Gore, Global Vision Alliance, Inc., and IronGate Equestrian Center. The amended complaint alleged on April 15, 2016, Ms. Gore intentionally struck appellant with a heavy metal clipboard causing her to sustain serious injuries. At the time of the incident, appellant was working at an equestrian event and Ms. Gore was her boss.

         {¶ 3} In July 2016, appellant had filed a workers' compensation claim against one of the appellees herein, G&G Feed & Supply. On November 20, 2017, appellant appealed the administrative decision, seeking additional allowance considerations. Both actions were filed with the court sub judice.[1]

         {¶ 4} None of the named defendants to the intentional tort case filed an answer. As a result, appellant filed a motion for default judgment on June 26, 2018. By entry filed July 26, 2018, the trial court granted the motion. A damages hearing was held on August 27, 2018. Appellees did not appear. By entry filed September 7, 2018, the trial court awarded appellant $953, 578.75 as against appellees.

         {¶ 5} On September 27, 2018, appellees filed a Civ.R. 60(B) motion for relief from judgment, claiming excusable neglect under subsection (B)(1) and the catch-all provision to relieve a person from the unjust operation of a judgment under subsection (B)(5). Appellees argued they mistakenly believed the filings in the intentional tort case were part of the workers' compensation case and were being handled in that case. By decision and order filed January 15, 2019, the trial court granted the motion under both subsections.

         {¶ 6} Appellant filed an appeal and this matter is now before this court for consideration. Assignment of error is as follows:

         I

         {¶ 7} "THE TRIAL COURT ABUSED ITS DISCRETION BY GRANTING DEFENDANTS-APPELLEES' MOTION FOR ...


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