06/24/2024
- CASE WAS FILED WITH COURT
07/01/2024
- SUMMONS ISSUED TO KENDRA CONSTRUCTION
- SUMMONS ISSUED TO KENDERA, JAMES
- CASE SET FOR A SMALL CLAIMS ON 07/31/2024 AT 1:30 PM
- SMALL CLAIMS FILING FEE FOR 2 DEFENDANTS $85.00
- PAYMENT - RECEIPT NO. 2402128 IN THE AMOUNT OF $ 85.00
- E-CERTIFIED MAIL # 9314 8699 0440 0075 6358 18
- ISSUED ON: 07/01/2024 TO: KENDERA CONSTRUCTION
- E-CERTIFIED MAIL # 9314 8699 0440 0075 6358 32
- ISSUED ON: 07/01/2024 TO: KENDERA, JAMES
07/08/2024
- E-CERTIFIED MAIL # 9314 8699 0440 0075 6358 18 REFERENCE # 2
- SERVED ON: 07/03/2024 TO: KENDERA CONSTRUCTION
- E-CERTIFIED MAIL # 9314 8699 0440 0075 6358 32 REFERENCE # 2
- SERVED ON: 07/03/2024 TO: KENDERA, JAMES
08/02/2024
- JUDGE'S DECISION: A TRIAL WAS HELD ON JULY 31, 2024 AT 1:30
- PM BEFORE THE UNDERSIGNED, PLAINTIFF ATTENDED PRO SE.
- DEFENDANTS ATTENDED WITH THEIR ATTORNEY. PLAINTIFF IS
- SEEKING JUDGMENT AGAINST DEFENDANTS FOR THE SUM OF
- JUDGMENT: J-FOR GIBBONS, JOHN T IN THE AMOUNT
- JUDGMENT: J-AGAINST KENDERA, JAMES IN THE AMOUNT
- JUDGMENT: J-AGAINST KENDERA CONSTRUCTION IN THE AMOUNT
- $1453.60 PLUS INTEREST AND COSTS FOR DAMAGE CAUSED TO HIS
- VEHICLE FROM A STONE ALLEGEDLY FALLING FROM DEFENDANT(S)
- TRUCK ON INTERSTATE 90. PLAINTIFF WAS BEHIND THE TRUCK AND
- SUFFERED DAMAGES TO HIS WINDSHIELD. PLAINTIFF CALLED
- DEFENDANT WHEN THE INCIDENT OCCURRED, DEFENDANT KENDERA
- CONSTRUCTION ATTEMPTED TO EXPLAIN WHY THE ROCK COULD NOT
- HAVE FALLEN FROM HIS VEHICLE AND WHY THEIR COMPANY KENDERA
- CONSTRUCTION WAS NOT THE CORRECT DEFENDANT. THE COURT
- THE COURT FINDS THAT THE KENDERA CONSTRUCTION WAS PROPERLY
- SERVED AS DEFENDANT IN THAT KENDERA CONSTRUCTION, BY VIRTUE
- OF THEIR ON-LINE PRESENCE, HAS HELD THEMSELVES OUT TO BE
- ONE AND THE SAME COMPANY AS KENDERA ENTERPRISES. THE COURT
- FINDS THAT THE TESTIMONY OF THE PLAINTIFF WAS CREDIBLE AND
- FINDS FOR THE PLAINTIFF AGAINST THE DEFENDANT KENDERA
- CONSTRUTCTION, IN THE AMOUNT OF $500 PLUS COSTS. THE COURT
- FURTHER FINDS FOR THE PLAINTIFF AGAINST DEFENDANT JAMES
- KENDERA, $0.00. COPY TO PARTIES
08/09/2024
- DEFENDANT'S REQUEST FOR FINDINGS OF FACT AND CONCLUSIONS OF
- LAW FILED BY ATTY BRENT ENGLISH.
08/29/2024
- PAYMENT - RECEIPT NO. 2402860 IN THE AMOUNT OF $ 25.00
- COPY OF JUDGES DECISION MAILED TO ATTY BRENT ENGLISH.
09/12/2024
- JUDGMENT ENTRY: WHEN THE COURT FILED ITS DECISION, IT WAS
- NOT AWARE THAT DEFENDANT FILED A REQUEST FOR FINDINGS OF
- FACT AND CONCLUSIONS OF LAW. THEREFORE, ON THE COURT'S OWN
- MOTION, THE COURT HEREBY VACATES THE JUDGE'S DECISION FILED
- ON AUGUST 2, 2024. IT IS SO ORDERED. COPIES TO ALL PARTIES.
10/11/2024
- DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME TO SUBMIT
- PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FILED.
10/21/2024
- JOURNAL ENTRY: DEFENDANT'S MOTION TO EXTEND THE TIME FOR
- DEFENDANT TO SUBMIT PROPOSED FINDINGS OF FACT AND
- CONCLUSION OF LAW UNTIL 10/21/24 IS HEREBY GRANTED.
11/18/2024
- JOURNAL ENTRY-ON THE COURT'S MOTION, TIME FOR DEFENDANT TO
- SUBMIT PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW IS
- EXTENDED FOR THE FINAL TIME UNTIL 12/09/2024. COPY TO ATTY
12/30/2024
- JUDGMENT ENTRY - DEFENDANT HAS FAILED TO SUBMIT PROPOSED
- FINDINGS AND CONCLUSIONS OF LAW DESPITE BEING GIVEN SEVERAL
- EXTENSIONS OF TIME TO DO SO. "A PARTY WAIVES HIS RIGHT TO
- FINDINGS OF FACTS AND CONCLUSIONS OF LAW WHERE THE
- REQUESTING PARTY HAS FAILED TO PREPARE AND SUBMIT
- PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AS DIRECTED
- BY THE TRIAL COURT." THIS MATTER CAME BEFORE THE COURT FOR
- BENCH TRIAL ON JULY 31, 2024 PLAINTIFF ATTENDED PRO SE.
- WAS FREE FROM CONTRIBUTORY NEGLIGENCE. THE COURT ALSO
- FINDS THAT DEFENDANT WAS NEGLIGENT IN THAT THE ROCK FELL
- FROM DEFENDANTS VEHICLE AND THE LOAD ON DEFENDANTS VEHICLE
- WAS NOT COVERED OR SECURED. SUCH NEGLIGENCE WAS THE DIRECT
- DEFENDANTS ATTENDED WITH THEIR ATTORNEY, BRENT L. ENGLISH.
- THE COURT FINDS THAT THE TESTIMONY OF THE PLAINTIFF WAS
- HIGHLY CREDIBLE AND THAT THE SPEED AND DISTANCE FROM
- DEFENDANTS' TRUCK WAS REASONABLE AND PRUDENT, AND PLAINTIFF
- CAUSE OF THE DAMAGES SUFFERED BY PLAINTIFF. FURTHERMORE,
- KENDERA'S DRIVER VIOLATED A STATUTORY DUTY UNDER O.R.C.
- 4513.31 TO SECURE LOADS ON THE VEHICLE. (A) NO VEHICLE
- SHALL BE DRIVEN OR MOVED ON ANY HIGHWAY UNLESS THE VEHICLE
- AMOUNT OF $500 PLUS COSTS. ON THE COURT'S OWN MOTION,
- DEFENDANT JAMES KENDERA IS NOT A PROPER DEFENDANT IN THIS
- MATTER AND HAS BEEN REMOVED. COPY TO PARTIES.
- IS SO CONSTRUCTED, LOADED, OR COVERED AS TO PREVENT ANY OF
- ITS LOAD FROM DROPPING, SIFTING, LEAKING, OR OTHERWISE
- ESCAPING THEREFROM. ACCORDINGLY, THE COURT FINDS FOR THE
- PLAINTIFF AGAINST DEFENDANT KENDERA CONSTRUCTION IN THE
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