Court of Appeals of Ohio, Fifth District, Licking
LORI J. GINGRICH Plaintiff-Appellant
G&G FEED & SUPPLY LLC, ET AL. Defendants-Appellees
from the Court of Common Pleas, Case No. 2018 CV 00410
Plaintiff-Appellant SANFORD A. MEIZLISH ROBERT E. DEROSE II
JASON C. COX
Defendants-Appellees ANGELA PAUL WHITFIELD JILL ROGERS SPIKER
Patricia A. Delaney, P.J. Hon. Craig R. Baldwin, J. Hon.
Earle E. Wise, Jr., 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
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.
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
7} "THE TRIAL COURT ABUSED ITS DISCRETION BY GRANTING
DEFENDANTS-APPELLEES' MOTION FOR ...