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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 02 12:36 PM-23CV006359
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IN THE COURT OF COMMON PLEAS, FRANKLIN COUNTY, OHIO
CIVIL DIVISION
CIERRA BARRIOS, et al.
Plaintiff, Case No. 23CVC09-6359
vs. JUDGE HOLBROOK
FIRST STUDENT, INC., et al.,
Defendants.
ENTRY GRANTING DEFENDANTS’ MOTION TO TRANSFER VENUE
This matter comes before the Court on Defendant First Student, Inc.’s
(“Defendant”) motion to transfer venue. Therein, Defendant requests that venue be
transferred to Lorain County, Ohio. Plaintiff opposed the motion via memorandum
contra. Defendant Ohio Department of Medicaid did not respond.
Upon review of the record, the arguments of counsel, and the relevant law, the
Court issues the following decision.
Bac und
This is a tort action arising from Defendant’s alleged failure to drop off a student
at the proper bus stop and failure to keep track of the student’s whereabouts which in
Defendant’s care, all of which occurred in Lorain County, Ohio. Defendant’s principal
place of business is in Hamilton County, Ohio. Plaintiffs are residents of Lorain County,
Ohio. Defendant Ohio Department of Medicaid, however, is a state agency with its
principal place of business in Franklin County. There is no dispute about where any of
the parties reside, have their principal place of business, or where the claims arose.
Plaintiffs filed their complaint in Franklin County on September 7, 2023 asserting
claims for negligence; negligent infliction of emotional distress; negligent hiring, training,
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 02 12:36 PM-23CV006359
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and supervision; and loss of consortium against Defendant and claiming that Defendant
Ohio Department of Medicaid “may have paid all or part of the medical expenses of
[Plaintiffs] incurred because of the incident at issue in this case.” Complaint at 49.
Defendant Ohio Department of Medicaid filed an answer in which it states:
The Ohio Department of Medicaid (“ODM”) is without knowledge or
information sufficient to form a belief as to the allegations contained in the
Complaint, except that ODM admits it has paid medical bills on behalf of
Plaintiff, Legend Worthy, in the amount of $0.00, as a result of the
incident(s) alleged in Plaintiffs’ Complaint but could make further
expenditures during the pendency of this action.
Upon the forgoing, Defendant filed its motion for change of venue to Loraine
County, Ohio arguing that venue in Franklin County, Ohio is improper under Civ.R. 3(B).
Plaintiff counters that venue is proper in Franklin County because Defendant Ohio
Department of Medicaid has a statutory right of reimbursement in the case.
Law and Analysis
Pursuant to Civ. R. 3(B) and relevant to this case, venue is proper in:
(1) The county in which the defendant resides; (2) The county in which the
defendant has his or her principle place of business; (3) A county in which
the defendant conducted activity that gave rise to the claim for relief; * * *
(6) The county in which all or part of the claim for relief arose * * *.
“The first nine provisions of Civ.R. 3(B) are on equal status and any court specified therein
may be a proper and initial place of venue.” Morrison v. Steiner, 32 Ohio St.2d 86, 89,
(1972). The plaintiff may choose which county to commence an action among multiple
proper forums. Matthews v. D’Amore, 10‘ Dist. No. 054-1318, 2006-Ohio-5745, 11 57.
Further, in a matter involving multiple defendants, “if the venue is proper as to any one
party other than a nominal party” then venue is proper for all. Civ. R. 3(E).
Under the Civil Rules, a “nominal party” is we one whose presence in the action is
either: (1) merely formal; or (2) unnecessary for a just and proper resolution of the
2
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oe
claim(s) presented. State ex. rel. Yeaples v. Gall, 141 Ohio St.3d 234, 2014-Ohio-4724,
122, quoting Smith v. Inland Paperboard & Packaging Inc., 11th Dist. No. 2007-P-0088,
2008-Ohio-6984, 7 41.
Under the circumstances of this case, the Court finds that Defendant Ohio
Department of Medicaid is a nominal party. The complaint undeniably alleges Defendant
Ohio Department of Medicaid may have subrogation rights. However, Defendant Ohio
Department of Medicaid’s answer indicates that no funds have been expended.
Accordingly, Defendant Ohio Department of Medicaid does not currently have an interest
in this case. Thus, Defendant Ohio Department of Medicaid’s presence is merely formal
at this time.
Conclusion
Based on the forgoing, Defendant’s motion to change venue is GRANTED.
Because venue in Franklin County is improper, the Clerk is hereby ORDERED to
transfer this case to Lorain County Court of Common Pleas pursuant to Civ.R. 3(C)(1).
IT IS SO ORDERED.
Electronic notification to counsel of record.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 02 12:36 PM-23CV006359
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Franklin County Court of Common Pleas
Date: 11-02-2023
Case Title: CIERRA BARRIOS ET AL -VS- FIRST STUDENT INC ET AL
Case Number: 23CV006359
Type: CHANGE OF VENUE - OUT
It Is So Ordered.
Dub ape
/s/ Judge Michael J. Holbrook
Electronically signed on 2023-Nov-02 page 4 of 4
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 02 12:36 PM-23CV006359
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Court Disposition
Case Number: 23CV006359
Case Style: CIERRA BARRIOS ET AL -VS- FIRST STUDENT INC
ETA
Case Terminated: 15 - Transfer to another Judge or Court
Motion Tie Off Information:
1. Motion CMS Document Id: 23CV0063592023-10-0599960000
Document Title: 10-05-2023-MOTION FOR CHANGE OF VENUE -
DEFENDANT: FIRST STUDENT INC
Disposition: MOTION GRANTED
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 02 12:36 PM-23CV006359 O0G607 - R5 IN THE COURT OF COMMON PLEAS, FRANKLIN COUNTY, OHIO CIVIL DIVISION CIERRA BARRIOS, et al. Plaintiff, Case No. 23CVC09-6359 vs. JUDGE HOLBROOK FIRST STUDENT, INC., et al., Defendants. ENTRY GRANTING DEFENDANTS’ MOTION TO TRANSFER VENUE This matter comes before the Court on Defendant First Student, Inc.’s (“Defendant”) motion to transfer venue. Therein, Defendant requests that venue be transferred to Lorain County, Ohio. Plaintiff opposed the motion via memorandum contra. Defendant Ohio Department of Medicaid did not respond. Upon review of the record, the arguments of counsel, and the relevant law, the Court issues the following decision. Bac und This is a tort action arising from Defendant’s alleged failure to drop off a student at the proper bus stop and failure to keep track of the student’s whereabouts which in Defendant’s care, all of which occurred in Lorain County, Ohio. Defendant’s principal place of business is in Hamilton County, Ohio. Plaintiffs are residents of Lorain County, Ohio. Defendant Ohio Department of Medicaid, however, is a state agency with its principal place of business in Franklin County. There is no dispute about where any of the parties reside, have their principal place of business, or where the claims arose. Plaintiffs filed their complaint in Franklin County on September 7, 2023 asserting claims for negligence; negligent infliction of emotional distress; negligent hiring, training, Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 02 12:36 PM-23CV006359 O0G607 - R5 and supervision; and loss of consortium against Defendant and claiming that Defendant Ohio Department of Medicaid “may have paid all or part of the medical expenses of [Plaintiffs] incurred because of the incident at issue in this case.” Complaint at 49. Defendant Ohio Department of Medicaid filed an answer in which it states: The Ohio Department of Medicaid (“ODM”) is without knowledge or information sufficient to form a belief as to the allegations contained in the Complaint, except that ODM admits it has paid medical bills on behalf of Plaintiff, Legend Worthy, in the amount of $0.00, as a result of the incident(s) alleged in Plaintiffs’ Complaint but could make further expenditures during the pendency of this action. Upon the forgoing, Defendant filed its motion for change of venue to Loraine County, Ohio arguing that venue in Franklin County, Ohio is improper under Civ.R. 3(B). Plaintiff counters that venue is proper in Franklin County because Defendant Ohio Department of Medicaid has a statutory right of reimbursement in the case. Law and Analysis Pursuant to Civ. R. 3(B) and relevant to this case, venue is proper in: (1) The county in which the defendant resides; (2) The county in which the defendant has his or her principle place of business; (3) A county in which the defendant conducted activity that gave rise to the claim for relief; * * * (6) The county in which all or part of the claim for relief arose * * *. “The first nine provisions of Civ.R. 3(B) are on equal status and any court specified therein may be a proper and initial place of venue.” Morrison v. Steiner, 32 Ohio St.2d 86, 89, (1972). The plaintiff may choose which county to commence an action among multiple proper forums. Matthews v. D’Amore, 10‘ Dist. No. 054-1318, 2006-Ohio-5745, 11 57. Further, in a matter involving multiple defendants, “if the venue is proper as to any one party other than a nominal party” then venue is proper for all. Civ. R. 3(E). Under the Civil Rules, a “nominal party” is we one whose presence in the action is either: (1) merely formal; or (2) unnecessary for a just and proper resolution of the 2 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 02 12:36 PM-23CV006359 OG607 - R5 oe claim(s) presented. State ex. rel. Yeaples v. Gall, 141 Ohio St.3d 234, 2014-Ohio-4724, 122, quoting Smith v. Inland Paperboard & Packaging Inc., 11th Dist. No. 2007-P-0088, 2008-Ohio-6984, 7 41. Under the circumstances of this case, the Court finds that Defendant Ohio Department of Medicaid is a nominal party. The complaint undeniably alleges Defendant Ohio Department of Medicaid may have subrogation rights. However, Defendant Ohio Department of Medicaid’s answer indicates that no funds have been expended. Accordingly, Defendant Ohio Department of Medicaid does not currently have an interest in this case. Thus, Defendant Ohio Department of Medicaid’s presence is merely formal at this time. Conclusion Based on the forgoing, Defendant’s motion to change venue is GRANTED. Because venue in Franklin County is improper, the Clerk is hereby ORDERED to transfer this case to Lorain County Court of Common Pleas pursuant to Civ.R. 3(C)(1). IT IS SO ORDERED. Electronic notification to counsel of record. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 02 12:36 PM-23CV006359 O0G607 - R5 Franklin County Court of Common Pleas Date: 11-02-2023 Case Title: CIERRA BARRIOS ET AL -VS- FIRST STUDENT INC ET AL Case Number: 23CV006359 Type: CHANGE OF VENUE - OUT It Is So Ordered. Dub ape /s/ Judge Michael J. Holbrook Electronically signed on 2023-Nov-02 page 4 of 4 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Nov 02 12:36 PM-23CV006359 O0G607 - R5 Court Disposition Case Number: 23CV006359 Case Style: CIERRA BARRIOS ET AL -VS- FIRST STUDENT INC ETA Case Terminated: 15 - Transfer to another Judge or Court Motion Tie Off Information: 1. Motion CMS Document Id: 23CV0063592023-10-0599960000 Document Title: 10-05-2023-MOTION FOR CHANGE OF VENUE - DEFENDANT: FIRST STUDENT INC Disposition: MOTION GRANTED