Daily Legal News - Personal Injury Notices
899172—Edward Kibort, et al. vs. Patrick Campensa, et al.
Chad Dawes, whose last known place of residence is 1314 Tuxedo, Parma, Ohio 44129, otherwise whose place of residence is unknown, will take notice that on June 11, 2018, the undersigned, Edward Kibort and Theresa Kibort, filed their complaint in the Court of Common Pleas, 1200 Ontario Street, Cleveland, Ohio 44113, of Cuyahoga County, Ohio, alleging that on or about June 24, 2016, Plaintiff Kibort, was on the outside patio of Flyers Bar & Grill (hereinafter "Flyers") on Pearl Road in Parma Heights, Ohio; that Defendants Patrick and Pamela Campensa were walking the dogs, including Darwin, on Pearl Road when they were passing directly next to Flyers and they approached Kibort; that at that time, Plaintiff, Kibort asked Defendants, Patrick and Pamela Campensa, if the dogs they were walking were friendly; that Defendants replied they were; that with Defendants' permission, Plaintiff began to pet the dogs when Darwin suddenly and without warning viciously attacked him in the groin area and bit Plaintiff in the genital area through his jeans; that Plaintiff, Edward Kibort, sustained permanent and severe injuries.
As a direct and proximate result of Defendants' aforementioned negligence, Plaintiff Edward Kibort, was caused to incur over $22,000.00 expenses necessary for his medical care and treatment, and with reasonable medical certainty he will incur medical expenses into the indefinite future.
As a direct and proximate result of Defendants' aforementioned negligence, Plaintiff, Edward Kibort, was caused to lose time from his employment resulting in a loss of over $18,000.00 in income, suffered an impairment in his earning capacity, and has been prevented from performing many usual activities; that these losses are expected to be permanent to a large extent.
Plaintiff, Edward Kibort, therefore says that he has been injured and damaged in a sum in excess of $25,000.00.
At all times mentioned herein, Defendants consciously and deliberately allowed Plaintiff to interact with a dangerous dog; that at all times mentioned herein, Defendants acted with a conscious disregard of the rights and safety of individuals, including Plaintiffs, and with appreciation that serious harm was substantially certain to result.
Plaintiff, Edward Kibort, therefore says that he is entitled to a sum in excess of $25,000.00 in punitive damages, in addition to legal fees and litigation expenses.
Theresa Kibort is the wife of Edward Kibort, and by reason of his aforementioned injuries and as a direct and proximate result of Defendants' negligence, she has been and will be deprived of the aide, comfort, support and society of her husband for an indefinite period of time; that Plaintiff, Theresa Kibort, was caused to lose time from her employment as a result of the injuries to Plaintiff, Edward Kibort, resulting in a loss of income to her; that Plaintiff was required to further provide attendant care to her husband as a result of his injuries; that Plaintiff is entitled to the fair market value of the home health care and attendant care provided her husband.
Plaintiff, Theresa Kibort, therefore, says that she has been injured and damaged in a sum in excess of $25,000.00.
Wherefore, Plaintiff, Edward Kibort, prays for judgment against the Defendants, jointly and/or severally in a sum in excess of $25,000.00 for compensatory and punitive damages: Plaintiff, Theresa Kibort, prays for judgment against the Defendants jointly and/or severally in a sum in excess of $25,000.00; all together with reasonable attorney fees, litigation expenses, and the costs of this action.
The defendant named above is required to answer on or before the 14th day of November, 2018.
EDWARD KIBORT AND THERESA KIBORT.
By W. Craig Bashein and Thomas J. Sheehan, Attorneys for Plaintiffs.