On November 23, 2022 a
Order
was filed
involving a dispute between
Jennifer L. Williott,
Richard Williott,
and
Audrey Machacek,
for TORT-M.V. ACCIDENT
in the District Court of Cuyahoga County.
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Motion No. 5127992
NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
MOTION TO CONSOEIDATE
October 31,2023 11:30
By: DREWLEGANDO 0084209
Confirmation Nbr. 3004776
JENNIFER L. WIELIOTT, ET AL. CV 22 971703
vs.
Judge: DANIEL GAUL
AUDREY MACHACEK
Pages Filed: 3
Electronically Filed 10/31/2023 11:30 / MOTION / CV 22 971703 / Confirmation Nbr. 3004776 / CLKXL
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
Christina Mansour Case No. CV-23-986925
Plaintiff Judge David T. Matia
v.
Audrey Machacek, et al.
Defendant
Jennifer L. Williott, et al. Case No. CV-22-971703
Plaintiffs Judge Daniel Gaul
v.
Audrey Machacek
Defendant
PLAINTIFF MANSOUR’S MOTION TO CONSOLDATE
On October 10, 2022, Defendant Audrey Machacek caused a multiple-impact five-
vehicle collision sequence when she made a U-turn on Ridge Road and drove into
oncoming traffic. See Mansour Complaint, ^3-8; accord Williott Complaint, ^2.
Plaintiffs Mansour and Williott, two of the victims of Machacek’s negligence, allege they
were injured in this incident. Id.
Plaintiff Williott filed her case against Defendant Machacek on November 23,
2022; it was assigned to the Hon. Daniel Gaul, who held a CMC in February 2023, and
eventually a dispositive motion deadline for tomorrow, November 1, 2023. See Williott
Docket. Plaintiff Mansour filed her case a couple weeks ago, October 12, 2023. The case
was assigned to the Hon. David Matia. Service has been sent by certified mail to
Defendant Machacek, but she has not yet filed an answer.
Despite the different filing timelines of the two cases, they should be consolidated
under Civil Rule 42(A)(1)(b) because they involve a common question of law or fact,
Electronically Filed 10/31/2023 11:30 / MOTION / CV 22 971701/ Confirmation Nbr. 3004776 / CLKXL
namely, whether or not Defendant Machacek’s negligence was excused by a sudden
medical emergency. See Machacek’s Motion to Extend Dispositive Motion Deadline in
Williott (asserting that defense counsel needed additional time to obtain “an expert
medical report in connection with the sudden medical emergency defense”). Since
Plaintiffs Mansour and Williott both allege that Defendant Machacek’s negligence in the
October 10, 2022 collision sequence caused both of their injuries, Defendant Machacek’s
allegation that she suffered a sudden medical emergency is a question of fact common to
both cases, as is the legal question of the effect of any proven sudden medical emergency
on the liability claims in each case.
Therefore, the cases should be consolidated for purposes of discovery and
adjudication of Machacek’s sudden medical emergency.
Further, upon consolidation, Plaintiff Mansour should be provided time and
opportunity to (a) conduct written discovery regarding Machacek’s alleged medical
condition and history, (b) depose Machacek and her expert, (c) conduct an IME of
Machacek, if warranted by the other evidence, and (d) obtain a medical expert report
regarding the alleged sudden medical emergency, if appropriate. After discovery related
to the defense is completed, any dispositive motion premised on the defense can be jointly
briefed by the parties in a consolidated proceeding (i.e., Mansour and Williott would
coordinate and file one set of papers).
Respectfully submitted,
s/ Drew Legando
Drew Legando (0084209)
Merriman Legando Williams & Klang, LLC
1360 West 9th Street, Suite 200
Cleveland, Ohio 44113
T. (216) 522-9000
F. (216) 522-9007
E. drew@merrimanlegal.com
Counselfor PlaintiffMansour
Electronically Filed 10/31/2023 11:30 / MOTION / CV 22 9717032/ Confirmation Nbr. 3004776 / CLKXL
CERTIFICATE OF SERVICE
This motion was filed on the Court’s ECF System in both cases on October 31,
2023; as such, notice and service will be made on all counsel of record.
s/ Drew Legando
Drew Legando (0084209)
Merriman Legando Williams & Klang, LLC
Electronically Filed 10/31/2023 11:30 / MOTION / CV 22 971703/ Confirmation Nbr. 3004776 / CLKXL
Document Filed Date
October 31, 2023
Case Filing Date
November 23, 2022
Category
TORT-M.V. ACCIDENT
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Motion No. 5127992 NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas MOTION TO CONSOEIDATE October 31,2023 11:30 By: DREWLEGANDO 0084209 Confirmation Nbr. 3004776 JENNIFER L. WIELIOTT, ET AL. CV 22 971703 vs. Judge: DANIEL GAUL AUDREY MACHACEK Pages Filed: 3 Electronically Filed 10/31/2023 11:30 / MOTION / CV 22 971703 / Confirmation Nbr. 3004776 / CLKXL IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO Christina Mansour Case No. CV-23-986925 Plaintiff Judge David T. Matia v. Audrey Machacek, et al. Defendant Jennifer L. Williott, et al. Case No. CV-22-971703 Plaintiffs Judge Daniel Gaul v. Audrey Machacek Defendant PLAINTIFF MANSOUR’S MOTION TO CONSOLDATE On October 10, 2022, Defendant Audrey Machacek caused a multiple-impact five- vehicle collision sequence when she made a U-turn on Ridge Road and drove into oncoming traffic. See Mansour Complaint, ^3-8; accord Williott Complaint, ^2. Plaintiffs Mansour and Williott, two of the victims of Machacek’s negligence, allege they were injured in this incident. Id. Plaintiff Williott filed her case against Defendant Machacek on November 23, 2022; it was assigned to the Hon. Daniel Gaul, who held a CMC in February 2023, and eventually a dispositive motion deadline for tomorrow, November 1, 2023. See Williott Docket. Plaintiff Mansour filed her case a couple weeks ago, October 12, 2023. The case was assigned to the Hon. David Matia. Service has been sent by certified mail to Defendant Machacek, but she has not yet filed an answer. Despite the different filing timelines of the two cases, they should be consolidated under Civil Rule 42(A)(1)(b) because they involve a common question of law or fact, Electronically Filed 10/31/2023 11:30 / MOTION / CV 22 971701/ Confirmation Nbr. 3004776 / CLKXL namely, whether or not Defendant Machacek’s negligence was excused by a sudden medical emergency. See Machacek’s Motion to Extend Dispositive Motion Deadline in Williott (asserting that defense counsel needed additional time to obtain “an expert medical report in connection with the sudden medical emergency defense”). Since Plaintiffs Mansour and Williott both allege that Defendant Machacek’s negligence in the October 10, 2022 collision sequence caused both of their injuries, Defendant Machacek’s allegation that she suffered a sudden medical emergency is a question of fact common to both cases, as is the legal question of the effect of any proven sudden medical emergency on the liability claims in each case. Therefore, the cases should be consolidated for purposes of discovery and adjudication of Machacek’s sudden medical emergency. Further, upon consolidation, Plaintiff Mansour should be provided time and opportunity to (a) conduct written discovery regarding Machacek’s alleged medical condition and history, (b) depose Machacek and her expert, (c) conduct an IME of Machacek, if warranted by the other evidence, and (d) obtain a medical expert report regarding the alleged sudden medical emergency, if appropriate. After discovery related to the defense is completed, any dispositive motion premised on the defense can be jointly briefed by the parties in a consolidated proceeding (i.e., Mansour and Williott would coordinate and file one set of papers). Respectfully submitted, s/ Drew Legando Drew Legando (0084209) Merriman Legando Williams & Klang, LLC 1360 West 9th Street, Suite 200 Cleveland, Ohio 44113 T. (216) 522-9000 F. (216) 522-9007 E. drew@merrimanlegal.com Counselfor PlaintiffMansour Electronically Filed 10/31/2023 11:30 / MOTION / CV 22 9717032/ Confirmation Nbr. 3004776 / CLKXL CERTIFICATE OF SERVICE This motion was filed on the Court’s ECF System in both cases on October 31, 2023; as such, notice and service will be made on all counsel of record. s/ Drew Legando Drew Legando (0084209) Merriman Legando Williams & Klang, LLC Electronically Filed 10/31/2023 11:30 / MOTION / CV 22 971703/ Confirmation Nbr. 3004776 / CLKXL