Family of Cory Barron Files Wrongful Death Lawsuit Against Cleveland Indians, Live Nation

NAILAH K.
BYRD
CUYAHOGA COUNTY CUERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
New Case Electronically Filed:

July 15, 2016 11:55
By: WILLIAM CRAIG BASHEIN 0034591
Confirmation Nbr. 803687
MATTHEW BARRON
CV 16 866271
vs.
Judge:
CLEVELAND INDIANS BASEBALL COMPANY, INC.,
ETAL.
MATTHEW A. MCMONAGLE
Pages Filed: 31
Electronically Filed 07/15/2016 11:55 / / CV 16 866271 / Confirmation Nbr. 803687 / CLKMG
IN THE COURT OF COMMON PLEAS

CUYAHOGA COUNTY, OHIO
)
)
MATTHEW BARRON, as Administrator)
of the Estate of Cory Barron, Deceased
)
1720 Emmet Drive
)
Fremont, Ohio 43420
)
Case No.
Judge
)
Plaintiff
)
vs.
)
CLEVELAND INDIANS BASEBALL
COMPANY, INC.
c/o Joseph R. Znidarsic, Statutory Agent
100 7th Avenue, Ste. 150
Chardon, Ohio 44024
)
)
)
)
)
COMPLAINT WITH ATTACHED

DISCOVERY
(Jury Demand Endorsed Hereon)
)
and
)
COMPANY
Chardon, Ohio 44024
)
)
)
)
)
)
and
)
COMPANY LIMITED PARTNERSHIP
Chardon, Ohio 44024
)
)
)
)
)
)
and
)
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35 FLOOR
50 PUBLIC SQUARE
GATEWAY ECONOMIC
DEVELOPMENT CORPORATION
c/o Dennis R. Wilcox, Statutory Agent
55 Public Square, Ste. 1950
CLEVELAND, OHIO 44113

(216) 77 1-3239
)
)
)
)
)
and
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GATEWAY ECONOMIC
DEVELOPMENT CORPORATION OF
GREATER CLEVELAND
c/o Dennis R. Wilcox, Statutory Agent
55 Public Square, Ste. 1950
)
)
)
)
)
)
)
and
)
LIVE NATION ENTERTAINMENT,
INC.
c/o Michael Rowles
General Counsel and Secretary
9348 Civic Center Drive
Beverly Hills, California 90210
)
)
)
)
)
)
)
and
)
LIVE NATION WORLDWIDE, INC.
c/o Corporate Creations Network, Inc.
Statutory Agent
119 E. Court Street
Cincinnati, Ohio 45202
)
)
)
)
)
and
)
)
LIVE NATION INC.
44 N. Main Street
Chagrin Falls, Ohio 44022
)
)
)
and
CONTEMPORARY SERVICES
CORPORATION
c/o Janies H. Service
Vice President, Legal & General Counsel
17101 Superior Street
Northridge, California 91325
)
)
)
)
)
)
and
)
)
)
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35TH FLOOR
50 PUBLIC SQUARE
(216) 77 1-3239
)
CSC
)
c/o James H. Service
)
Vice President, Legal & General Counsel )
17101 Superior Street
)
Northridge, California 91325
)
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and
)
MINUTE MEN STAFFING SERVICES )
3740 Carnegie Avenue
)
)
)
and
)
)
MINUTE MEN, INC.
)
3740 Carnegie Avenue
)
)
)
and
)
)
DELAWARE NORTH COMPANIES
)
SPORTSERVICE, INC.
)
c/o CT Corporation System
)
1300 East Ninth Street
)
)
)
and
)
)
DELAWARE NORTH SPORTSERVICE)
)
)
)
)
and
)
)
DELAWARE NORTH
)
)
)
)
)
Defendants
)
)
Parties and Background
LAW OFFICES
&
BASHEIN
BASHEIN
CO., L.P.A.
1.
Plaintiff, Matthew Barron, has been appointed Administrator of the Estate of
TERMINAL TOWER
35 FLOOR
50 PUBLIC SQUARE
Cory Gene Barron (hereinafter Barron) by the Sandusky County Probate Court. Plaintiff

(216) 771-3239
continues in such capacity to date. Plaintiff, Matthew Barron, brings this wrongful death action
Electronics ly Filed 07/15/2016 11:55 / / CV 16 866271 / Confirmation Nbr. 803687 / CLKMG
as the personal representative for the exclusive benefit of the surviving next of kin of the
deceased.
2.
At all times mentioned herein, Defendants Cleveland Indians Baseball Company,
Inc., Cleveland Indians Baseball Company, and Cleveland Indians Baseball Company Limited
Partnership (hereinafter collectively Cleveland Indians), were and are duly organized
corporations and/or business associations recognized and existing under the laws of the State of
Ohio, and pursuant thereto, manage and/or operate and/or are a tenant of a sports complex that
includes Progressive Field.
3.
At all times mentioned herein, Defendants Gateway Economic Development
Corporation and Gateway Economic Development Corporation of Cleveland (hereinafter

collectively Gateway), were and are duly organized corporations and/or business associations
recognized and existing under the laws of the State of Ohio, and pursuant thereto, own and/or
operate and/or manage a sports complex that includes Progressive Field.
4.
At all times mentioned herein, Defendants Live Nation Entertainment, Inc., Live
Nation Worldwide, Inc., and Live Nation Inc. (hereinafter collectively Live Nation), were and
are duly organized corporations and/or business associations recognized and exiting under the
laws of the State of Ohio, and pursuant thereto, own and/or operate and/or manage and/or
promote concerts that are held at entertainment venues, including Progressive Field.
5.
At all times mentioned herein, Defendants Contemporary Service Corporation
and CSC (hereinafter collectively Contemporary Service), were and are duly organized
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35TH FLOOR
Ohio, and pursuant thereto, are a crowd management and security company.
50 PUBLIC SQUARE
6.
At all times mentioned herein, Defendants Minute Men Staffing Services and
(216) 771-3239
Minute Men, Inc., (hereinafter collectively Minute Men), were and are duly organized
Ohio, and pursuant thereto, provide staffing for different industries and venues, including
Progressive Field.
7.
At all times mentioned herein, Defendants Delaware North Companies
Sportservice Inc., Delaware North Sportservice, and Delaware North (hereinafter collectively
Delaware North) were and are duly organized corporations and/or business associations
recognized and existing under the laws of the State of Ohio, and pursuant thereto, provide food
and beverage concessions for different venues, including Progressive Field.
8.
On or about July 18,2014, the Decedent, Barron, was a business invitee at
Progressive Field, located at 2401 Ontario Street in Cleveland, Ohio, attending a Jason Aldean
concert.
9.
The concert was attended by over 30,000 people and it was immediately observed
by Defendants that many of the patrons were recognized as impaired and intoxicated from the
sale and/or consumption of alcoholic beverages.
10.
During the evening Decedent, Cory Barron, entered a room in the upper deck of
Progressive Field which had a 5-story garbage chute which led directly to the basement level of
the stadium.
11.
The aforementioned room was supposed to be locked to prevent unintended
access to the room by patrons attending events at the facility and as a basic security precaution.
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
In addition, the doors to the garbage chute were unsecured, leaving an open chute in the wall of
TERMINAL TOWER
35 FLOOR
the room that led directly to a large dumpster located fifty (50) feet below in the lower level.
50 PUBLIC SQUARE
12.
During the concert on July 18, 2014, Barron was noticed missing by friends. Cory
(16) 771-3239
was last seen at the concert venue at approximately 9:30 pm. The Decedents family and friends
reported Decedent missing that evening to one or more of the Defendants. A search of
Progressive Field failed to locate the Decedent, Cory Barron that evening.
13.
On July 22, 2014, the contents of a trash dumpster that had been picked up from
Progressive Field by a trash hauling company was being unloaded at the Lorain County Landfill.
During this process, a body was observed by a an employee of the trash hauling company.
14.
Law enforcement was immediately summoned to the landfill, and investigators
confirmed that the contents of the dumpster that had contained the body of Cory Barron had been
picked up from Progressive Field and that the subject dumpster had originally been located at the
bottom of the chute that connected to an upper deck room at the facility.
15.
During the investigation by the Cleveland Police Department, it was determined
that the door leading to the room in which the garbage chute was located that led to the dumpster
that contained the body of Cory Barron, had not been properly locked and secured during the
concert due to a broken lock on the door.
16.
Defendants knew that the door leading to the aforementioned room had been
broken and not functioning properly but had failed to repair or replace the door and/or lock
despite their knowledge.
17.
The Cleveland Police ordered the door secured as evidence in connection with the
investigation of Cory Barrons death. Based on information and belief, the door remains in the
possession of the Cleveland Indians.
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35 FLOOR
50 PUBLIC SQUARE
(216) 771-3239
Cause of Action of the Estate of Cory Barron. Administrator of the Estate and His
Surviving Beneficiaries
COUNT ONE
(Negligence/Premises Liability)
18.
Plaintiff incorporates all of the statements and allegations contained in the
foregoing as if fully rewritten herein.

19.
At all times mentioned herein, Defendants, individually and/or collectively,
created the unsafe and dangerous conditions at the facility by failing to secure an unlocked door
leading to a restricted environment and/or by failing to secure a 2-story open chute that was
open, unsafe and dangerous.
20.
At all times mentioned herein, Defendants knew or should have known that the
aforementioned area was in an unsafe and dangerous condition, and despite such knowledge, did
nothing to change those conditions including, but not limited to, replacing the lock on the broken
door and/or replacing the door iteself.
21.
At all times mentioned herein, Defendants were negligent in failing to warn
Decedent, Cory Barron, of the defective and/or dangerous and hazardous condition of the area,
when they knew, or in the exercise of ordinary care should have known, that the area in its
condition on July 18, 2014, would be dangerous and hazardous to persons present in said area,
particularly Decedent, Cory Barron.
22.
At all times mentioned herein, Defendants provided no written or verbal warnings
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
of the unsecured door and open chute, nor were there any warning signs posted on the unsecured
TERMINAL TOWER
35 FLOOR
door and/or chute that the area was dangerous and hazardous.
50 PUBLIC SQUARE
23.
At all times mentioned herein, Defendants were negligent in its duty as owner
(316) 771-3239
and/or manager and/or operations entity and/or tenant and/or crowd management and/or security
management company by failing to ensure the site was free from a dangerous and hazardous
conditions and further, failing to secure the broken door and garbage chute.
24.
Cory Barrons beneficiaries have been injured and damaged in a sum in excess of
TWENTY FIVE THOUSAND DOLLARS ($25,000.00).

COUNT TWO
(Negligent Security)
25.

26.
Defendants were hosting a Jason Aldean concert which was attended by tens of
thousands of people. Despite the number of attendees and the significant amount of alcohol
being consumed, Defendants failed to properly hire, staff, and assign a sufficient number of
security officers and/or personnel to monitor and protect any patrons, impaired or intoxicated, as
well as prevent potential criminal activity from occurring.
27.
At all times mentioned herein, Defendants were negligent in failing to provide
proper security for its business invitees, when they knew, or in the exercise of ordinary care
should have known, that the event would involve hundreds of intoxicated patrons leading to
potential criminal activity.
28.
In the event that Defendants claim, or the trier of fact finds, that Cory Barron was
the victim of a criminal attack, Defendants were negligent in failing to provide proper security
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
for its business invitees, when they knew, or in the exercise of ordinary care should have known,
TERMINAL TOWER
35TH FLOOR
that the events in the facility and the intoxicated and/or drunk patrons would likely lead to fights,
50 PUBLIC SQUARE
assaults, or other criminal activity.
(216) 771-3239
29.
the victim of a criminal attack, Defendants were negligent in failing to provide adequate security
on the premises to prevent and/or deter criminal activity from occurring, including any potential
attack and assault which may have occurred.
30.
the victim of a criminal attack, Defendants were negligent in failing to provide proper
supervision and staffing for its business invitees, when they knew, or in the exercise or ordinary
care should have known, that the events in the facility could lead to criminal activity, including
assaults.
31.
At all times mentioned herein, Defendants failed to provide adequate supervision
and staffing on the premises to monitor and protect patrons, including those who were
intoxicated and/or drunk, as well as prevent potential criminal activity from occurring.
32.
At all times mentioned herein, Defendants were negligent in failing to provide
proper security for its business invitees, when they knew, or in the exercise of ordinary care,
should have known that the aforementioned premises was the venue for multiple prior assaults or
disorderly incidents, including incidents involving intoxicated and/or drunk patrons.
33.
At all times mentioned herein, Defendants, individually and/or collectively,
created the unsafe and dangerous conditions by failing to place and monitor security cameras in
the area of the incident, including the upper deck and pavilion leading to the unsecured room, in
the unsecured room, and/or at the open 5-story garbage chute.
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
34.
At all times mentioned herein, any security, and/or supervision and/or staffing
TERMINAL TOWER
35 FLOOR
provided by the Defendants was done so in a negligent manner.
50 PUBLIC SQUARE
35.
Asa direct and proximate result of Defendants negligence, the Decedent, Cory
<216)771-3239
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Barron, sustained severe and debilitating injuries that ultimately caused his death.
36.

COUNT THREE
(Failure To Secure And Protect A Patron Who Is Served Intoxicating Liquors)
37.

38.
At all times mentioned herein, Defendants had repeatedly served Decedent, Cory
Barron, alcohol during the event despite the fact they believed he was noticeably intoxicated and
impaired.
39.
Once perceived by Defendants as noticeably intoxicated and/or impaired,
Defendants had a duty to take reasonable precautions to ensure his safety including notifying
security personnel and/or law enforcement present.
40.
Once Decedent was perceived as noticeably intoxicated, Defendants had a
heightened duty of due care to ensure he remained safe until he left the premises.
41.

COUNT FOUR
(Wrongful Death against all Defendants)
42.
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35 FLOOR

43.
Asa direct and proximate result of the tortious conduct of the Defendants as
SO PUBLIC SQUARE
described herein, the Decedent sustained severe and debilitating injuries that ultimately caused
(216) 77 1-3239
his death.
44.
As a direct and proximate result of Cory Barrons death, his beneficiaries have
suffered, and will continue to suffer, damages for the loss of his society over his life expectancy,
including loss of companionship, consortium, care, assistance, protection, advice, guidance,
counsel, instruction, training, and education.
45.
Decedent, Cory Barrons death occurred as a direct and proximate result of
Defendants' negligent conduct and actions.

46.
As a direct and proximate result of his death and Defendants conduct, Cory
Barrons beneficiaries at the time of his death suffered damages for loss of support and loss of
prospective inheritance.
47.
As a direct and proximate result of his death and Defendants conduct, Cory
Barrons beneficiaries further suffered, and will continue to suffer, damages for mental anguish
and emotional trauma.
48.
As a direct and proximate result of his death and Defendants conduct and
actions, Cory Barrons family and Estate incurred expenses necessary for his funeral and burial.
49.

COUNT FIVE
(Survivorship against All Defendants)
50.
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35 FLOOR

51.
Asa direct and proximate result of Defendants conduct, Cory Barron suffered
50 PUBLIC SQUARE
severe physical pain and mental anguish from the time of the incident until the time of his death.
(216) 771-3239
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52.
As a direct and proximate result of Defendants conduct, the Decedent, Cory
Barron, suffered severe and conscious physical, emotional, and mental pain from the time of the
incident until the time of his death. He further suffered a fear of impending death during his fall
and resulting period he lay injured in the trash dumpster at the bottom of the unsecured garbage
chute.
53.
Cory Barron suffered damages in a sum in excess of TWENTY FIVE
THOUSAND DOLLARS ($25,000.00) for compensatory damages.

WHEREFORE, Plaintiff prays for judgment against the Defendants, jointly
and/or severally, in an amount in excess of TWENTY FIVE THOUSAND DOLLARS
($25,000.00), all together with his attorney fees, litigation expenses, and costs herein.
RESPECTFULLY SUBMITTED,
Mark R. Koberna/ver consent

MARK R. KOBERNA (#0038985)
SONKIN & KOBERNA, LLC
3401 Enterprise Parkway, Ste. 400
Beachwood, Ohio 44122
216.514.8300
216.514.4467 Facsimile
Mkoberna@sonkinkobema.com
and
LAW OFFICES
BASHE IN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35th FLOOR
50 PUBLIC SQUARE
(216) 771-3239
UJ>
W. CRAIG BASHEIN (#0034591)
THOMAS J. SHEEHAN (#0034591)
BASHEIN & BASHEIN CO., L.P.A.
Attorneys for Plaintiffs
35th Floor
Terminal Tower
50 Public Square
216-771-3239
216-781-5876 Facsimile
cbashein@basheinlaw.com
.JURY DEMAND
Trial by jury is hereby demanded.
UJ.
LAW OFFICES
BASHEIN & BASHE1N

CO., L.P.A.
TERMINAL TOWER
35TH FLOOR
50 PUBLIC SQUARE
(216) 771-3239
Electronically Filed 07/15/2016 11:55 / / CV. 16 866271 / Confirmation Nbr. 803687 / CLKMG

)
Matthew Barron,
CASE NO.
)
) JUDGE
Plaintiff,
vs.
)
)
Cleveland Indians Baseball Company, Inc., et
)
al.,
PLAINTIFFS FIRST SET OF

INTERROGATORIES DIRECTED TO ALL
DEFENDANTS
)
)
Defendants.
)
The Defendants will please take notice that pursuant to the provisions of Rule 33 of the
Ohio Rules of Civil Procedure, the undersigned demands service, within twenty-eight (28)
days, of your answers under oath to the following Interrogatories, which shall be deemed
continuing pursuant to Rule 26(E) of the Ohio Rules of Civil Procedure so as to require
supplemental answers if further information is obtained between the time answers are served
and the time of trial.
The following definitions and instructions shall be followed with respect to your
answers to these Interrogatories.
DEFINITIONS AND INSTRUCTIONS
(a)
Where addresses are requested, please state both home and business addresses.
(b)
Where knowledge or information of a party is requested, such request includes
knowledge of party's officers, agents, representatives, employees, affiliates and attorneys.

(c)
A response that the information called for by an interrogatory is in the possession or
within the knowledge of the proponent of these Interrogatories is unresponsive and will be
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
considered a failure to provide an answer.
TERMINAL TOWER
35 FLOOR
50 PUBLIC SQUARE
(216) 77 1-3239
(d)
As used herein, the pronouns "you" and "your" refer to the party to whom these
Interrogatories are addressed as well as his/her/its officers, agents, employees, affiliates,

attorneys and representatives.
(e)
As used herein, the term "document" is used in its broadest sense, and without
limitation, means any original writing or other data compilation, regardless of origin, location
or form, including, but not limited to, any agenda, agreement, announcement, book, brochure,
bulletin,
cable,
calendar
or
calendar
entry,
chart,
check,
communication,
contract,
correspondence, data processing card, floppy or compact disc or printout, DVD, diagram, diary
or diary entry, facsimile, file or program maintained on a computer hard drive, PDA device, or
other portable or back-up drive or server(s), tablet PC, handheld computer, Blackberry, Treo or
other Smart phone device, e-mail, instant message, film, governmental or departmental order or
regulation, graph, handwritten or stenographic note (including, but not limited to, any marginal
notation), index, instruction, invoice, letter, mailgram, manual, map, memorandum, microfiche,
microfilm, minutes, notice, order, outline, pamphlet, periodical, photograph or any negative
thereof, picture, record, report, schedule, screen-shot, statement, study, summary, table, tape
recordings, telegram, telephone log or record, telecopy, teletype, telex, videotape, working
paper, or any draft or revision of any such original writing or data compilation, or any copy or
reproduction of any of the foregoing which differs in any respect from the original, draft or
revision, all electronically-stored information, and any other document as defined in Rule 34 of
the Ohio Rules of Civil Procedure.
In all instances where an original, draft, revision, or
identical copy or reproduction is not available, document also means any non-identical copy
LAW OFFICES
of the original, draft, revision, or a non-identical copy or reproduction.
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35TH FLOOR
50 PUBLIC SOUARE
(SIS) 77I-3E39
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(f)
As used herein, the phrase "possession, custody, or control" has the same meaning as
employed in Rule 34(A) of the Ohio Rules of Civil Procedure and includes past and present
possession, custody or control as well as possession, custody, or control which may be obtained
with due diligence.
(g)
Whenever an Interrogatory asks for a description, identification, or identity of a
document, the answer shall state information in sufficient detail to enable a party or person to
whom notice to produce or subpoena is directed to identify fully the document sought to be
produced and to enable counsel to determine that such document, when produced, is in fact the
document so described.
(h)
Whenever an Interrogatory asks for a description, identification, or identity of an
individual, the answer shall include, as far as possible, each individual's full name, position (if
applicable), home address, work address, home telephone number and work telephone number.
(i)
Whenever an Interrogatory asks for a description, identification, or identity of a
business, charitable, or governmental entity, the answer shall include, as far as possible, each
such entity's formal name, the nature of its organization, its business address and phone
number, and the name(s) of its primary individual principals.
(j)
In the event the party to whom these interrogatories are addressed should refuse to fully
answer an interrogatory, each and every basis for such refusal to answer shall be fully set forth
in detail.
(k)
In the event the party to whom these interrogatories are addressed does not know the
complete answer to an interrogatory but does know how the requested information might
LAW OFFICES
possibly be obtained, the party shall set forth such secondary knowledge in full and with
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35TH FLOOR
50 PUBLIC SQUARE
(216) 771-3239
sufficient detail to permit procurement of the requested information through the most reliable,
efficacious and expedient means possible.
(1)
The party to whom these interrogatories are addressed is hereby put on notice that the
propounding party will treat a failure to fully answer each of these interrogatories as grounds
for sanctions pursuant to Rule 37 of the Ohio Rules of Civil Procedure.
INTERROGATORIES
1.
Identify all persons who provided information in response to these
interrogatories, stating each persons name, job position, job responsibilities and company
employer (full legal entity name). For each person identified, identify the interrogatory(ies) to
which the person provided information.
ANSWER:
2.
State whether Defendant is a corporation or some other type of business entity.
If Defendant is a corporation, please state the corporate name and address. If Defendant is not a
corporation, please state the full legal name and address.
ANSWER:
3.
For each affirmative defense asserted in your Answer to the Complaint, or the
cross-claims of any party claiming against you in this case, state the facts upon which you rely
for each affirmative defense and the documents offered to prove each affirmative defense.
ANSWER:
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
4.
State the name, addresses, and telephone numbers of any and all employees,
maintenance individuals, custodial crew, subcontractors, or persons known to Defendant who
serviced, maintained, and/or repaired the chute room, the chute room door, and/or the garbage
chute which is the subject of the within litigation since January 1, 2010. For each individual
listed provide the specific dates and times they serviced, maintained, repaired or had contact
with the chute room, the chute room door, and/or the garbage chute, and their employer, if any,
at the time.
35TH FLOOR
SO PUBLIC SQUARE
(216) 771-3239
ANSWER:
5.
State the name, addresses, and telephone numbers of any and all employees,
security personnel, off-duty police officers, maintenance workers, custodial crew,
subcontractors, or persons known to Defendant who worked the Jason Aldean concert on July
18, 2014 and/or July 19, 2014. For each individual listed, provide the specific dates and times
they were at Progressive Field, the specific area within the venue they were to work, and their
employer, if any, at the time.
ANSWER:
6.
State the name, addresses, and telephone numbers of any and all individuals,
including employees, with access to the chute room.
ANSWER:
7.
State the name, addresses, and telephone numbers of any and all individuals,
including employees, who were key-holders for the chute room.
ANSWER:
8.
State the name, addresses, and telephone numbers of any and all employees or
persons known to Defendant who serviced, maintained, repaired, or placed security cameras at
Progressive Field since January 1, 2010. For each individual listed, provide the specific dates
and times they serviced, maintained, repaired or placed security cameras at the venue, and their
employer, if any, at the time.
ANSWER:
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
9.
State whether Defendant, their attorney, or anyone acting on their behalf,
obtained statements in any form from any persons regarding any of the events or happenings
which occurred at the time of, or immediately after the incident which is the subject matter of
plaintiffs complaint. If so, state the name and address of the person from whom any such
statements were taken and the names and addresses of the persons and employers of such
person who took the statements.
35 FLOOR
50 PUBLIC SQUARE
(216) 771-3239
ANSWER:
10.
State whether there were any reported incidents involving intoxicated and/or
drunk patrons and/or criminal assaults in connection with the Jason Aldean concert which is the
subject of this complaint, and if so, state the circumstances surrounding the incident, and the
names and last known addresses and phone numbers of all persons with knowledge of same.
ANSWER:
11.
Identify any and all safety or security consultants which Defendant has, at any
time, employed or otherwise retained the services of, and for each, state the consultants name,
opinion, and conclusions, including, without limitation, any safety or security consultants
employed or otherwise retained for the Jason Aldean concert.
ANSWER:
12.
Did Defendant, their attorney, their proposed experts or anyone else acting on
their behalf perform any inspection of the site that is the subject of this lawsuit? If so, state the
individual or entitys name, their opinion, and conclusions.
ANSWER:
13.
Were any tests, investigations, or examinations made by Defendant, their
attorney, their proposed expert, or anyone else acting on their behalf after the July 18, 2014
incident that is the subject matter of plaintiffs complaint? If the answer is in the affirmative,
please state who performed the tests/investigations/examinations, their opinions, and
conclusions.
ANSWER:
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35 FLOOR
50 PUBLIC SQUARE
(216) 771-3239
Electronica y Filed 07/15/2016 11:55 / / CV 16 866271 / Confirmation Nbr. 803687 / CLKMG
14.
Were any photographs and/or videotapes of the premises or the accident scene
that is the subject of this lawsuit taken by Defendant, by their attorney, their proposed expert,
their insurance company, or anyone acting on their behalf after the accident complained of? If
so, please state the number of photographs taken, the dates when they were taken, by whom
they were taken, the subject matter depicted in each photograph, and the name, address, and
title of the person(s) who has custody of such photographs.
ANSWER;
15.
State the full name and last known address and telephone number, of every
person known to Defendant, or their attorneys, who has any knowledge regarding the facts and
circumstances surrounding the happening of the incident, which is the subject matter of this
litigation, including but not limited to:
a)
b)
c)
d)
e)
Eyewitnesses to the incident;

Employees present at Progressive Field at the time of the
incident;
Individuals employed by Defendant who were familiar
with the operation and/or maintenance and/or repair of the
doors, garbage chute, and area involved in the incident;
Individuals employed by Defendant who communicated
or interacted with OSHA relating to any investigation of
the incident;
Individuals employed by Defendant who would have
known of any prior or subsequent injuries which occurred as a
result of the open chute.
ANSWER:
16.
State whether Defendant was covered by any liability insurance policies and/or
umbrella coverage or policies on July 18, 2014, and for each policy, state:
a)
b)
c)
d)
e)
LAW OFFICES
BASHEIN & BASHE1 N

CO., L.P.A.
TERMINAL TOWER
f)
The liability policy limits for both individual claims and

aggregate claims.
the policy number(s)
The names and addresses of the insureds for each policy.
The amount of medical pay coverage for each policy.
The name and addresses of the insurance companies who
issued each policy.
The name, address, and telephone number of the person
who has custody of each policy described herein.
35 FLOOR
50 PUBLIC SQUARE
CLEVELAND, OHIO 44U3
(216) 771-3239
Electronica y Filed 07/15/2016 11:55 / / CV 16 866271 / Confirmation Nbr. 803687 / CLKMG
ANSWER:
17.
State the name, home address, and business address of each person whom
Defendant expects to call as an expert witness at the trial of this matter and as to each person
state their opinions and conclusions.
ANSWER:
18.
State the name, address and telephone numbers of the any
employee(s) who were eyewitnesses to the July 18, 2014 incident that is the
subject of the within action.
ANSWER:
19.
State whether Defendant made any modifications or changes to
any policies, maintenance procedures, access policies, security manuals, policy
manuals, security cameras, alcohol service, or equipment following the
incident. If so, describe:
(a)
each change;
(b)
the date the change was implemented;
(c)
the reason for the change;
(d)
the person who authorized the change in procedure,
policy or equipment.
ANSWER:
20.
State whether there were any disciplinary actions made against
any personnel related to the activity of July 18, 2014 through July 22, 2014.
ANSWER:
LAW OFFICES
BASHE1N & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35TH FLoor
21.
State whether there were any locksmith and/or key vendors
utilized at the facility between July 1, 2014 and December 31, 2014, and if so,
the exact locations within the facility those vendors were utilized.
50 PUBLIC SQUARE
(216) 771-3239
ANSWER;
22.
State whether any Defendant employees changed, modified,
repaired, or installed any locks in the facility between July 1, 2014 and
December 31,2014.
ANSWER;
23.
Identify by name, address and telephone number the firm(s),
entity(ies) or individual(s) that supplied Decedent, Cory Barron, with any
alcohol on the date of the accident that is the subject of the complaint.
ANSWER;
24.
State the name and address of each person you expect to call as a
lay or fact witness at the time of trial and briefly state each such witness
anticipated testimony.
ANSWER;
25.
Identify each and every exhibit, including real and demonstrative
exhibits, which you intend to use or offer into evidence at the trial of this action.
ANSWER;
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35TH FLOOR
50 PUBLIC SQUARE
(216) 771-3239
Electronica lly Filed 07/15/2016 11:55 / / CV 16 866271 / Confirmation Nbr. 803687 / CLKMG
Mark R. Koberna/per consent

216.514.8300
Mkoberna@sonkinkoberna.com
and

35th Floor
Terminal Tower
50 Public Square
216-771-3239
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
50 PUBLIC SQUARE
(216) 771-3239
10
Electronic ly Filed 07/15/2016 11:55 / / CV 16 866271 / Confirmation Nbr. 803687 / CLKMG

Matthew Barron,
CASE NO.
)
Plaintiff,
vs.
JUDGE
<
PLAINTIFFS FIRST REQUEST FOR

PRODUCTION OF DOCUMENTS
PROPOUNDED UPONALL
DEFENDANTS
Cleveland Indians Baseball Company, Inc., et \
al
)
'
Defendants.
)
Plaintiff, Matthew Barron, by and through his counsel of record, and pursuant to Rule
34 of the Ohio Rules of Civil Procedure, request the following items to be produced by
defendants to plaintiff for inspection and copying on or before the 28th day of service at the law
offices of W. Craig Bashein,
Bashein & Bashein
Co., L.P.A., Terminal Tower, 35th Floor, 50
Public Square, Cleveland, Ohio 44113.

This is a continuing request for production of documents, set forth in separately
numbered requests, so as to require, continuing production and supplementation of responses
between the initial date of document production and the time of trial, as required by Rule 26
(E) of the Ohio Rules of Civil Procedure. Requests are to be responded to, and documents are
to be produced, with the following definitions and instructions.
DEFINITIONS AND INSTRUCTIONS
(a) As used herein, the term "document" is used in its broadest sense, and
without limitation, means any original writing or other data compilation, regardless of origin,
location or form, including, but not limited to, any agenda, agreement, announcement, book,
LAW OFFICES
brochure, bulletin, cable, calendar or calendar entry, chart, check, communication, contract,
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
correspondence, data processing card, floppy or compact disc or printout, DVD, diagram, diary
35TH FLOOR
50 PUBLIC SQUARE
or diary entry, facsimile, file or program maintained on a computer hard drive, PDA device, or

(216) 77 1-3239
other portable or back-up drive or server(s), tablet PC, handheld computer, Blackberry, Treo or
other Smart phone device, e-mail, instant message, film, governmental or departmental order or
regulation, graph, handwritten or stenographic note (including, but not limited to, any marginal
notation), index, instruction, invoice, letter, mailgram, manual, map, memorandum, microfiche,
microfilm, minutes, notice, order, outline, pamphlet, periodical, photograph or any negative
thereof, picture, record, report, schedule, screen-shot, statement, study, summary, table, tape
recordings, telegram, telephone log or record, telecopy, teletype, telex, videotape, working
paper, or any draft or revision of any such original writing or data compilation, or any copy or
reproduction of any of the foregoing which differs in any respect from the original, draft or
revision, all electronically-stored information, and any other document as defined in Rule 34 of
the Ohio Rules of Civil Procedure.
In all instances where an original, draft, revision, or
identical copy or reproduction is not available, document also means any non-identical copy
of the original, draft, revision, or a non-identical copy or reproduction.
(b) "Complaint" means the complaint filed in this action by plaintiff in the Cuyahoga
County, Court of Common Pleas.
(c)
"Person" shall mean any individual, partnership, corporation, association, union,
government entity or agency, or any other agent or representative of defendant of any director,
officer, employer, or agent thereof, or any other hospital or medical institution.
(d) The parties to whom this Request for Production of Documents is addressed shall
respond in writing pursuant to the Ohio Rules of Civil Procedure. If for any reason, the parties
to whom this request is addressed shall withhold or refuse to produce any of the requested
documents on the basis of a claim of privilege or confidentiality, the documents should be
LAW OFFICES
itemized in a Privilege Log so that both the basis and legitimacy of the claims can be
BASH EI N & BASHEJN

CO., L.P.A.
TERMINAL TOWER
determined and appropriate challenges, if necessary, to the decision to withhold production of
35TH FLOOR
50 PUBLIC SQUARE
(216) 771-3239
the documents can be made. Any withheld documents should be itemized in a Privilege Log
containing the following information: (1) document identification (by beginning and ending
Bates Numbers), (2) document title, (3) subject matter description or summary, (4) author(s),
(5) recipient(s) including separately listed carbon copied or cc and blind copied or bcc
recipients, (6) document type, (7) whether the document is electronic, hard copy or both, (8)
document date, (9) description of attachments (if any), including type as well as the other
requested descriptors listed herein enumerated 1 through 11, (10) claimed privilege(s), and (11)
itemized Request(s) for Production for which each listed document is claimed to be responsive.
REQUEST FOR PRODUCTION
All Defendants are to produce all documents which refer, relate, pertain to,
reflect or constitute the following matters:
1.
Any and all documents defendant intends to introduce into any arbitration,
hearing, deposition, or trial in this matter.

2.
Any and all documents identifying ticket holder information for Section 541 at
the Jason Aldean concert on July 18,2014.

3.
Identification of all employees on duty at Progressive Field on July 18,2014
through July 22, 2014.

4.
Identification of all subcontracted employees on duty at Progressive Field on
July 18, 2014 through July 22, 2014.
LAW OFFICES
5.
Any and all video from July 18, 2014.
6.
Identification of all employees and/or subcontractors with access to the chute
room which is the subject of the within action.
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35TH FLOOR
50 PUBLIC SQUARE
(216) 77 1-3239
Electronic; lly Filed 07/15/2016 11:55 / / CV 16 866271 / Confirmation Nbr. 803687 / CLKMG
7.
Identification of all employee and/or subcontractors who were key holders for
the chute room which is the subject of the within action.

8.
Any and all safety, security and policy manuals as of July 17, 2014.
9.
Any and all safety, security and policy manuals after July 18, 2014.
10.
Any and all modifications and/or adjustments made to any safety, security and
policy manuals after July 18, 2014.

11.
Any and all documents related to disciplinary actions, write-ups, or action plans
for any employee or subcontractor related to the within action.

12.
Any and all reports, studies, memoranda, texts, statistics, and any and all other
documents supplied to defendant or their attorney by any and all experts and/or consultants
which you have communicated with and/or plan to use as a witness or consultant in preparation
of trial.
13.
Any and all documents relating to the operation of Progressive Field during any
event, including procedures, policies, memorandums, and post incident modifications.

14.
Any and all photographs and/or videotapes and/or audiotapes from July 18,
2014 through July 22, 2014, or related to the July 18, 2014 incident.
15.
Any and all documents identifying placement and/or location of employees
and/or subcontracted employees on July 18, 2014.

16.
Any and all documents relating to inspections, tests, repairs or modifications of
the chute room, the doors to the chute room, and or any locking mechanism, its individual parts
or the accident scene, following the accident which is the subject matter of plaintiffs
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
complaint.
17.
Any and all policies, procedures, rules, employee handbooks, written job
35TH FLOOR
50 PUBLIC SQUARE
(216) 77 1-3239
Electronic; lly Filed 07/15/2016 11:55 / / CV 16 866271 / Confirmation Nbr. 803687 / CLKMG
descriptions or similar documents Defendant had in effect at the time of the incident.
18.
Any and all incident reports, accident reports, witness statements or any other
documents relating to the within action.

19.
Any and all documents, purchase orders, invoices, work orders, or
communications regarding the chute doors, including, but not limited to, locksmiths, lock
vendors, maintenance staff, or subcontractors.
20.
Any and all documents relating to any OSHA investigations of the incident
which is the subject of the within action. This request includes any citations, corrective action
plans, correspondence, witness statements, affidavits and memoranda.
21.
Copies of any policies and declarations pages regarding any insurance which
may cover part of or all of any judgment or verdict obtained in the within action.
22.
Any and all documents which relate to the Jason Aldean concert including all
contracts, memos, emails, reports, logs, instructions and identification of personnel.

23.
Any and all internal email, communications, memos, notes, voice mails, or
documents related to the incident and/or the search conducted for Cory Barron.
24.
For the years 2009 through and including 2014, organizational charts and
personnel listings showing any or all names, and / or positions and / or titles and / or reporting
relationships of any of your employees, including management employees, directors or
officers.
25.
Documents relating or pertaining or referring to training or instruction in the
use, operation, maintenance of the chute area and/or room for any employees of Defendant, or
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
at the accident site.

26.
Documents relating or pertaining or referring to inspection or testing of the trash
35TH FLOOR
50 PUBLIC SQUARE
(216) 771-3239
Electronic;lly Filed 07/15/2016 11:55 / / CV 16 866271 / Confirmation Nbr. 803687 / CLKMG
chute involved in the July 18,2014 incident that is the subject of the Complaint.
27.
Any and all documents relating to safety or security meetings held at the venue,
including all minutes, attendance sheets, handouts, manuals, or documents referred to in the
meetings, either prior to, during, or after the July 18, 2014 incident.
28.
Any and all reports provided to Defendant or their counsel by any expert
retained in this matter.

29.
Any and all contracts, correspondence, reports, and communications between
Defendant and any other person or entity (other than your attorneys) regarding the July 18,
2014 incident.
30.
Any and all documents relating to any safety or security consultant or firm who
worked with, consulted, or advised Defendant at any time since January 1, 2009. This includes
any and all contracts, correspondence, reports, emails, recommendations, communications,
notices and/or summaries since 1980.
31.
Any and all documents, including, but not limited to, invoices, purchase orders,
or accounts payable documents identifying purchases of locks and/or doors from January 1,
2014 through December 31, 2014.
32.
Any and contracts between any and all Defendants.
33.
Any and all documents identifying alcohol sales at the venue from July 18, 2014
through July 19, 2014.

34.
3 5.
LAW OFFICES
BASHEIN & BASH El N

CO., L.P.A.
TERMINAL TOWER
Any and all liquor permits held by any Defendant.

Any and all documents relating to policies and procedures regarding safety
and security.
36.
Any and all documents relating to policies and procedures regarding alcohol,
35 FLOOR
50 PUBLIC SQUARE
(216) 771-3239
including but not limited to, alcohol sales and/or consumption.

37.
Any and all documents relating to intoxicated patrons and/or consumers.
38.
Any and all powerpoint presentations regarding safety, security, training,
procedures, and/or rules.

39.
Any an all training manuals and documents.
40.
Any and all documents, including but not limited to, correspondence, time
sheets, or logs identifying dates and times of chute pick ups by any internal or external trash
haulers or any other individuals.
41.
Any and all documents identifying individuals who searched for Cory Barron.
42.
Any and all documents identifying who was notified that Cory Barron was
missing.
43.
Identification of any and all individuals who inspected the door to the chute
room and/or the chute door that is the subject of the within action and any documents, notes,
memoranda, or emails regarding any conclusions or findings from that inspection.
If the information requested is not furnished, we will object to the use of any witnesses
and the introduction of records into evidence pertaining to the material we have requested in
our Request for Production of Documents.
See Paugh & Farmer v. Menorah Home for
Jewish Aged. (1984) 15 Ohio St. 3d 44, 472 NE 2d 704. See also Jones v. Murphy (1984)
120 Ohio St. 3d 84.
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35TH FLOOR
50 PUBLIC SQUARE
(216) 771-3239
Mark R. Koberna/ver consent

216.514.8300
MkobemafS.sonkinkoberna.com
and
Lu

35 th Floor
Terminal Tower
50 Public Square
216-771-3239
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35 FLOOR
50 PUBLIC SQUARE
(216) 771-3239

Family of Cory Barron Files Wrongful Death Lawsuit Against Cleveland Indians, Live Nation

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Family of Cory Barron Files Wrongful Death Lawsuit Against Cleveland Indians, Live Nation

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NAILAH K.

Court of Common Pleas

New Case Electronically Filed:

Electronically Filed 07/15/2016 11:55 / / CV 16 866271 / Confirmation Nbr. 803687 / CLKMG

IN THE COURT OF COMMON PLEAS

COMPLAINT WITH ATTACHED

BASHEIN & BASHEIN

CLEVELAND, OHIO 44113

BASHEIN & BASHEIN

Electronica ly Filed 07/15/2016 11:55 / / CV 16 866271 / Confirmation Nbr. 803687 / CLKMG

Parties and Background

Plaintiff, Matthew Barron, has been appointed Administrator of the Estate of

CLEVELAND, OHIO 44113

Electronics ly Filed 07/15/2016 11:55 / / CV 16 866271 / Confirmation Nbr. 803687 / CLKMG

At all times mentioned herein, Defendants Cleveland Indians Baseball Company,

At all times mentioned herein, Defendants Gateway Economic Development

Corporation and Gateway Economic Development Corporation of Cleveland (hereinafter

At all times mentioned herein, Defendants Contemporary Service Corporation

BASHEIN & BASHEIN

Electronics ly Filed 07/15/2016 11:55 / / CV 16 866271 / Confirmation Nbr. 803687 / CLKMG

At all times mentioned herein, Defendants Delaware North Companies

On or about July 18,2014, the Decedent, Barron, was a business invitee at

The aforementioned room was supposed to be locked to prevent unintended

BASHEIN & BASHEIN

Electronics ly Filed 07/15/2016 11:55 / / CV 16 866271 / Confirmation Nbr. 803687 / CLKMG

Law enforcement was immediately summoned to the landfill, and investigators

During the investigation by the Cleveland Police Department, it was determined

BASHEIN & BASHEIN

Electronics ly Filed 07/15/2016 11:55 / / CV 16 866271 / Confirmation Nbr. 803687 / CLKMG

Plaintiff incorporates all of the statements and allegations contained in the

foregoing as if fully rewritten herein.

At all times mentioned herein, Defendants, individually and/or collectively,

At all times mentioned herein, Defendants were negligent in failing to warn

At all times mentioned herein, Defendants provided no written or verbal warnings

BASHEIN & BASHEIN

Electronics ly Filed 07/15/2016 11:55 / / CV 16 866271 / Confirmation Nbr. 803687 / CLKMG

TWENTY FIVE THOUSAND DOLLARS ($25,000.00).

Plaintiff incorporates all of the statements and allegations contained in the

foregoing as if fully rewritten herein.

At all times mentioned herein, Defendants were negligent in failing to provide

BASHEIN & BASHEIN

assaults, or other criminal activity.

Electronica ly Filed 07/15/2016 11:55 / / CV 16 866271 / Confirmation Nbr. 803687 / CLKMG

At all times mentioned herein, Defendants failed to provide adequate supervision

At all times mentioned herein, Defendants were negligent in failing to provide

At all times mentioned herein, Defendants, individually and/or collectively,

BASHEIN & BASHEIN

provided by the Defendants was done so in a negligent manner.

Electronic l y Filed 07/15/2016 11:55 / / CV 16 866271 / Confirmation Nbr. 803687 / CLKMG

TWENTY FIVE THOUSAND DOLLARS ($25,000.00).

Plaintiff incorporates all of the statements and allegations contained in the

foregoing as if fully rewritten herein.

Once perceived by Defendants as noticeably intoxicated and/or impaired,

Once Decedent was perceived as noticeably intoxicated, Defendants had a

TWENTY FIVE THOUSAND DOLLARS ($25,000.00).

Plaintiff incorporates all of the statements and allegations contained in the

BASHEIN & BASHEIN

foregoing as if fully rewritten herein.

Electronics ly Filed 07/15/2016 11:55 / / CV 16 866271 / Confirmation Nbr. 803687 / CLKMG

Decedent, Cory Barrons death occurred as a direct and proximate result of

Defendants' negligent conduct and actions.

TWENTY FIVE THOUSAND DOLLARS ($25,000.00).

Plaintiff incorporates all of the statements and allegations contained in the