Preview
CV-2014-12-5615 CMCO 12/23/2014 09:14:35 AM MCKENNEY, TODD Page 1 of 4
IN THE COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO
H & M MANAGEMENT CO. ) CASE NO.:
6267 Stumph Road, Suite 1A )
Parma Heights, OH 44130 ) JUDGE:
)
And )
)
CINCINNATI INSURANCE COMPANY)
c/o Justin A. Dublikar, Esq. )
50 South Main Street, Suite 615 )
Akron, Ohio 44308 )
)
Plaintiffs, ) COMPLAINT
)
vs. )
)
ALICIA GONZALEZ )
9226 Coventry Drive )
Northfield, Ohio 44067 )
)
Defendant. )
NOW COME the Plaintiffs, H & M Management Co. and Cincinnati Insurance
Company, (hereinafter referred to as “CIC”), by and through their counsel, for their Complaint
against the Defendant, Alicia Gonzalez, and state as follows:
FIRST CLAIM FOR RELIEF
1. The corporate Plaintiff, CIC, is duly authorized to sell insurance in the State of Ohio, and
at all times relevant, had in full force and effect a policy of insurance in the name of H &
M Management Co., policy number CPP 088 68 26, for fire, multi-peril coverage and
Daniel M. Horrigan, Summit County Clerk of Courts
CV-2014-12-5615 CMCO 12/23/2014 09:14:35 AM MCKENNEY, TODD Page 2 of 4
dwelling coverage in excess of Twenty-Five Thousand & 00/100 Dollars ($25,000.00) on
a property located at 9100-9180 North Plaza, Northfield, Ohio, hereinafter referred to as
the “insured property.”
2. On or about February 4, 2013, Defendant, Alicia Gonzalez, acted negligently in such a
manner as to cause a fire in the “insured property.”
3. Defendant, Alicia Gonzalez, was negligent in her improper and unsafe use of electrical
outlets, electrical extension cords, and/or electrical plug adapters, including the use of a
“cheater plug.”
4. As a direct result of the above-described fire and Defendant, Alicia Gonzalez’s,
negligence, the “insured property” suffered fire and smoke damage.
5. Plaintiffs further state that as a direct result of the aforementioned fire and the negligence
of the Defendant, Alicia Gonzalez, the “insured property” sustained damage and lost
rents in the amount of One Hundred Ninety-One Thousand Five Hundred Fifty-Five &
88/100 Dollars ($191,555.88).
6. Plaintiff further states that as a direct result of the negligence of the Defendant, Alicia
Gonzaelz, it was required to pay and did pay for the benefit of its insured One Hundred
Sixty-Six Thousand Five Hundred Fifty-Five & 88/100 Dollars ($166,555.88), pursuant
to the provisions of its policy of insurance.
7. By reasons of these payments, Plaintiff, CIC, has become subrogated to the extent of
such payment to the interest of its insured against the third persons, including but not
limited to, the Defendant, Alicia Gonzalez.
Daniel M. Horrigan, Summit County Clerk of Courts
CV-2014-12-5615 CMCO 12/23/2014 09:14:35 AM MCKENNEY, TODD Page 3 of 4
SECOND CLAIM FOR RELIEF
8. Plaintiffs adopt and re-allege as though fully rewritten herein the allegations contained in
Paragraphs 1-7 of this Complaint.
9. Pursuant to the deductible provision of said policy of insurance, Plaintiff, H & M
Management Co., as a result of the above-described accident, sustained a loss of its
deductible in the amount of Twenty-Five Thousand and 00/100 Dollars ($25,000.00).
WHEREFORE, Plaintiff, Cincinnati Insurance Company, demands judgment against the
Defendant, Alicia Gonzalez, in the amount of One Hundred Sixty-Six Thousand Five Hundred
Fifty-Five & 88/100 Dollars ($166,555.88), and Plaintiff, H & M Management Co., demands
judgment against the Defendant, Alicia Gonzalez, in the amount of Twenty-Five Thousand &
00/100 Dollars ($25,000.00), plus costs, interest and any other relief this Court deems
appropriate.
Respectfully submitted,
/s/ Justin A. Dublikar_________________
Justin A. Dublikar (0077344)
Staff Counsel of Cincinnati Ins. Co.
50 South Main Street
Suite 615
Akron, Ohio 44308
(330) 376-1600
facsimile (330) 376-3337
Attorney for Plaintiffs
Daniel M. Horrigan, Summit County Clerk of Courts
CV-2014-12-5615 CMCO 12/23/2014 09:14:35 AM MCKENNEY, TODD Page 4 of 4
Daniel M. Horrigan, Summit County Clerk of Courts
Preview
CV-2014-12-5615 CMCO 12/23/2014 09:14:35 AM MCKENNEY, TODD Page 1 of 4 IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO H & M MANAGEMENT CO. ) CASE NO.: 6267 Stumph Road, Suite 1A ) Parma Heights, OH 44130 ) JUDGE: ) And ) ) CINCINNATI INSURANCE COMPANY) c/o Justin A. Dublikar, Esq. ) 50 South Main Street, Suite 615 ) Akron, Ohio 44308 ) ) Plaintiffs, ) COMPLAINT ) vs. ) ) ALICIA GONZALEZ ) 9226 Coventry Drive ) Northfield, Ohio 44067 ) ) Defendant. ) NOW COME the Plaintiffs, H & M Management Co. and Cincinnati Insurance Company, (hereinafter referred to as “CIC”), by and through their counsel, for their Complaint against the Defendant, Alicia Gonzalez, and state as follows: FIRST CLAIM FOR RELIEF 1. The corporate Plaintiff, CIC, is duly authorized to sell insurance in the State of Ohio, and at all times relevant, had in full force and effect a policy of insurance in the name of H & M Management Co., policy number CPP 088 68 26, for fire, multi-peril coverage and Daniel M. Horrigan, Summit County Clerk of Courts CV-2014-12-5615 CMCO 12/23/2014 09:14:35 AM MCKENNEY, TODD Page 2 of 4 dwelling coverage in excess of Twenty-Five Thousand & 00/100 Dollars ($25,000.00) on a property located at 9100-9180 North Plaza, Northfield, Ohio, hereinafter referred to as the “insured property.” 2. On or about February 4, 2013, Defendant, Alicia Gonzalez, acted negligently in such a manner as to cause a fire in the “insured property.” 3. Defendant, Alicia Gonzalez, was negligent in her improper and unsafe use of electrical outlets, electrical extension cords, and/or electrical plug adapters, including the use of a “cheater plug.” 4. As a direct result of the above-described fire and Defendant, Alicia Gonzalez’s, negligence, the “insured property” suffered fire and smoke damage. 5. Plaintiffs further state that as a direct result of the aforementioned fire and the negligence of the Defendant, Alicia Gonzalez, the “insured property” sustained damage and lost rents in the amount of One Hundred Ninety-One Thousand Five Hundred Fifty-Five & 88/100 Dollars ($191,555.88). 6. Plaintiff further states that as a direct result of the negligence of the Defendant, Alicia Gonzaelz, it was required to pay and did pay for the benefit of its insured One Hundred Sixty-Six Thousand Five Hundred Fifty-Five & 88/100 Dollars ($166,555.88), pursuant to the provisions of its policy of insurance. 7. By reasons of these payments, Plaintiff, CIC, has become subrogated to the extent of such payment to the interest of its insured against the third persons, including but not limited to, the Defendant, Alicia Gonzalez. Daniel M. Horrigan, Summit County Clerk of Courts CV-2014-12-5615 CMCO 12/23/2014 09:14:35 AM MCKENNEY, TODD Page 3 of 4 SECOND CLAIM FOR RELIEF 8. Plaintiffs adopt and re-allege as though fully rewritten herein the allegations contained in Paragraphs 1-7 of this Complaint. 9. Pursuant to the deductible provision of said policy of insurance, Plaintiff, H & M Management Co., as a result of the above-described accident, sustained a loss of its deductible in the amount of Twenty-Five Thousand and 00/100 Dollars ($25,000.00). WHEREFORE, Plaintiff, Cincinnati Insurance Company, demands judgment against the Defendant, Alicia Gonzalez, in the amount of One Hundred Sixty-Six Thousand Five Hundred Fifty-Five & 88/100 Dollars ($166,555.88), and Plaintiff, H & M Management Co., demands judgment against the Defendant, Alicia Gonzalez, in the amount of Twenty-Five Thousand & 00/100 Dollars ($25,000.00), plus costs, interest and any other relief this Court deems appropriate. Respectfully submitted, /s/ Justin A. Dublikar_________________ Justin A. Dublikar (0077344) Staff Counsel of Cincinnati Ins. Co. 50 South Main Street Suite 615 Akron, Ohio 44308 (330) 376-1600 facsimile (330) 376-3337 Attorney for Plaintiffs Daniel M. Horrigan, Summit County Clerk of Courts CV-2014-12-5615 CMCO 12/23/2014 09:14:35 AM MCKENNEY, TODD Page 4 of 4 Daniel M. Horrigan, Summit County Clerk of Courts