Warehouse Suit Filed by Keefe Family

NAILAH K.
BYRD
CUYAHOGA COUNTY CUERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
REQUEST FOR SERVICE

June 26, 201711:26
By: WILLIAM CRAIG BASHEIN 0034591
Confirmation Nbr. 1103210
BRIAN PATRICK KEEFE, SR., ETC., ET AL. CV 17 882236
vs.
Judge: ROBERT C. MCCLELLAND
WAREHOUSE ENTERTAINMENT GROUP LLC, ET AL.
Pages Filed: 69
Electronically Filed 06/26/2017 11:26 / SERVICE / CV 17 882236 / Confirmation Nbr. 1103210 / CLDM2
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
BRIAN PATRICK KEEFE, SR., ) Case No.:

Individually and as Court-Appointed )
Guardian of the Person and Estate of ) Judge:
Megan Nichole Keefe, Incompetent )
13430 Trenton Trail )
Middleburg Heights, Ohio 44130 )
)
and )
)
KIMBERLIE KEEFE )
13430 Trenton Trail )
Middleburg Heights, Ohio 44130 )
)
Plaintiffs, )
)
vs. )
)
WAREHOUSE ENTERTAINMENT ) COMPLAINT WITH ATTACHED
GROUP LLC ) DISCOVERY
c/o Statutory Agent ) (Jury Demand Endorsed Hereon)
George Nakhle )
1276 W. 6th Street )
Cleveland, Ohio 44113 )
)
and )
)
SPIRITS )
)
and )
)
SPIRITS RESTAURANT & BAR )
)
and )
)
GEORGE NAKHLE )
LAW OFFICES 17950 Parkside Drive )
BASHEIN & BASHEIN
CO., L.P.A.
North Royalton, Ohio 44133 )
TERMINAL TOWER )
35TH FLOOR
50 PUBLIC SQUARE
CLEVELAND, OHIO 44113
(216) 771-3239
Electronic; ly Filed 06/26/2017 11:26 / SERVICE / CV 17 882236 / Confirmation Nbr. 1103210 / CLDM2
and )
)
SAMIR NAKHLE )
17590 Parkside Drive )
)
and )
)
JOSEPH NAKHLE )
)
and )
)
NAKHLE BROTHERS ENTERPRISE )
LLC )
c/o Statutory Agent )
Georges Nakhle )
6785 Wallings Road, Building C, Unit HI )
)
and )
)
R.S.N. PROPERTIES LLC )
c/o Statutory Agent )
George Nakhle )
9762 Forge Drive )
Brecksville, Ohio 44141 )
)
and )
)
THE DALAD GROUP )
6200 Rockside Woods Blvd., No. 105 )
)
ALSO SERVE: )
THE DALAD GROUP )
c/o Debbie L. Moss )
6055 Rockside Woods Blvd., )
Suite 100 )
Independence, Ohio 44131 )
)
LAW OFFICES and )
BASHEIN & BASHEIN
CO., L.P.A.
)
TERMINAL TOWER
35 FLOOR
50 PUBLIC SQUARE 2
(216) 771-3239
Electronical / Filed 06/26/2017 11:26 / SERVICE / CV 17 882236 / Confirmation Nbr. 1103210 / CLDM2
WD DOWNTOWN, LTD. )
1276 W. 6,h Street )
)
ALSO SERVE: )
WD DOWNTOWN, LTD. )
c/o Joseph A. Balog )
Suite 100 )
)
NICHOLAS PAUL URSO )
5427 Old State Road )
West Farmington, Ohio 44491 )
)
ALSO SERVE: )
NICHOLAS PAUL URSO )
14721 Stone Road )
Newbury, Ohio 44065 )
)
and )
)
JOHN DOE DEFENDANTS 1-20 )
(Owners, Members, Partners, Joint )
Venturers, Managers, Supervisors, )
Employees, Independent Contractors )
or Agents of one or more of the )
Defendants and/or other persons or )
entities affiliated with one or more of the )
Defendants and/or other persons or )
entities who are otherwise liable to )
Plaintiffs for the injuries sustained on )
March 17,2017, who are currently )
Names Unknown and whose names and)
addresses could not be ascertained )
despite Plaintiffs due diligence) )
c/o Warehouse Entertainment Group, )
LLC )
Statutory Agent, George Nakhle )
)
ALSO SERVE: )
LAW OFFICES
c/o Spirits ' )
BASH El N &BASH El N
CO., L.P.A. 1276 W. 6th Street )
TERMINAL TOWER Cleveland, Ohio 44113 )
35TH FLOOR
50 PUBLIC SQUARE

3
(216) 771-3239
Electronica y Filed 06/26/2017 11:26 / SERVICE / CV 17 882236 / Confirmation Nbr. 1103210 / CLDM2
ALSO SERVE: )
c/o Spirits Restaurant & Bar )
)
ALSO SERVE: )
c/o George, Samir and Joseph )
Nakhle )
)
ALSO SERVE: )
c/o Nakhle Brothers Enterprise )
LLC )
6785 Wallings Rd., Building C, )
Unit HI )
)
ALSO SERVE: )
c/o R.S.N. Properties LLC )
Statutory Agent, George Nakhle )
9762 Forge Drive )
Brecksville, Ohio 44141 )
)
ALSO SERVE: )
c/o The Dalad Group )
Statutory Agent Debbie L. Moss )
Suite 100 )
)
ALSO SERVE: )
c/o WD Downtown, Ltd. )
Statutory Agent Joseph A. Balog )
Suite 100 )
)
Defendants. )
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35TH FLOOR
50.PUBLIC SQUARE
(216) 771-3239
Electronical y Filed 06/26/2017 11:26 / SERVICE / CV 17 882236 / Confirmation Nbr. 1103210 / CLDM2
Parties and Background
1. At all times mentioned herein, Defendants Warehouse Entertainment Group,
LLC, Spirits, Spirits Restaurant & Bar, Nakhle Brothers Enterprise, LLC, R.S.N. Properties,
LLC and/or one or more of the John Doe Defendants 1-20 (hereinafter collectively Spirits)
were and are duly organized corporations and/or business associations recognized and existing
under the laws of the State of Ohio who owned, managed and/or operated Spirits Restaurant &
Bar located at 1276 W. 6th Street in Cleveland, Ohio, and at all relevant times owed various legal
duties to business invitees and patrons, including Megan Nichole Keefe.
2. At all times mentioned herein, Defendants The Dalad Group, WD Downtown,
Ltd. and/or one or more of the John Doe Defendants 1-20 were and are duly organized
corporations and/or business associations recognized and existing under the laws of the State of
Ohio who: owned, managed, operated and/or controlled the building that Spirits operated out of
at 1276 W. 6th Street in Cleveland, Ohio; created, maintained, had control over and/or permitted
the defective railing(s) and condition(s) and/or nuisance at issue in this lawsuit to exist and
persist both before leasing the premises to Spirits and continuing thereafter; failed to maintain,
service, repair, replace or remove these pre-existing dangerous, hazardous and/or defective
condition(s) and/or nuisance despite being responsible for the same; and who at all relevant
times owed various legal duties to Spirits, its employees and its patrons who would foreseeably
use and come into contact with the dangerous defect(s) and/or condition(s) and/or nuisance on
the premises, including Megan Nichole Keefe. These duties included the duty to use reasonable
care to have the premises in a reasonably safe condition, among others.
LAW OFFICES
3. At all times mentioned herein, Defendants George Nakhle, Samir Nakhle and/or
BASH El N & BASHEIN
CO., L.P.A.
TERMINAL TOWER Joseph Nakhle were owners, members, partners, joint venturers, managers, supervisors,
35th FLOOR
50 PUBLIC SQUARE 5
(216) 771-3239
employees and/or agents of one or more of the Spirits Defendants and also had shared
responsibility for, among other things, the management, supervision, and/or oversight of the
location where the incident that forms the basis of this lawsuit occurred, as well as over the
employees, agents and/or independent contractors working on the premises on March 17, 2017,
and at all relevant times owed various legal duties to Spirits business invitees and patrons,
including Megan Nichole Keefe. These duties included the duty to exercise reasonable care in
relation to business invitees and patrons on the premises, among others.
4. At all relevant times mentioned herein, Defendant Nicholas Paul Urso
(hereinafter Urso) was an employee and/or agent of one or more of the Spirits Defendants and
was a bartender and/or bouncer acting under and at the direction and control of Spirits and/or
one of the other Defendants, and at all relevant times owed various legal duties to Spirits
business invitees and patrons, including Megan Nichole Keefe. These duties included the duty to
exercise reasonable care in relation to business invitees and patrons on the premises, among
others.
5. At all relevant times mentioned herein, John Doe Defendants 1-20 were:
individuals or duly organized business associations who were owners, members, partners, joint
venturers, property managers, supervisors, employees, independent contractors or agents of one
or more of the Defendants who at all relevant times owed various legal duties to Spirits business
invitees and patrons, including Megan Nichole Keefe; other persons or entities affiliated with
one or more of the Defendants who are also liable to Plaintiffs for the injuries sustained on
March 17, 2017; and/or additional persons or entities who are unrelated to the currently named
LAW OFFICES Defendants who are independently liable to Plaintiffs for the injuries sustained on March 17,
BASHEIN & BASHEIN
CO., L.P.A.
TERMINAL TOWER
2017. The names and address of these Name Unknown Defendants and/or potential
35TH FLOOR
50 PUBLIC SQUARE 6
(216) 771-3239
Defendants are presently unknown by Plaintiffs despite their due diligence before filing this
initial Complaint. These additional Defendants and/or potential Defendants may also include, but
are not limited to, individuals or entities who at all relevant times had any responsibility
(contractually, legally or otherwise) for: maintaining, servicing, repairing, replacing or removing
the defective railing(s) and/or other dangerous or defective conditions or nuisance on the
premises at 1276 W. 6th Street in Cleveland, Ohio; maintaining the premises in a safe condition
so as to not unreasonably expose Spirits or its foreseeable business invitees and/or patrons like
Megan Nichole Keefe to unreasonable risks or dangers; warning such entities and persons of
hazardous, dangerous and/or latent defects known to it/them; hiring, supervising and/or training
employees and/or agents involved in the March 17, 2017 incident; providing security on March
17, 2017 at Spirits; and/or who are otherwise liable to the Plaintiffs for their permanent and
catastrophic injuries based on the unique facts and attendant circumstances of this case which
will be further developed in discovery and proven at the time of trial.
6. At all relevant times, one or more of the Defendants were residents of and/or had
their principal places of business in Cuyahoga County, Ohio, including Defendants Warehouse
Entertainment Group, LLC, Spirits, Spirits Restaurant & Bar, George Nakhle, Samir Nakhle,
Joseph Nakhle, Nakhle Brothers Enterprises, LLC, R.S.N. Properties, The Dalad Group, and WD
Downtown, Ltd., such that venue is proper in this Court pursuant to Rule 3 of the Ohio Rules of
Civil Procedure.
7. On March 17, 2017, Megan Nichole Keefe (Megan) was a business invitee and
patron at Spirits, located at 1276 W. 6th Street in Cleveland, Ohio, and was attending an event
LAW OFFICES and/or party at this location.

BASH El N & BASH El N
CO., L.P.A.
TERMINAL TOWER
35 FLOOR
50 PUBLIC SQUARE 7
(EI6) 77 I -3239
8. Shortly after arriving, and while standing next to a railing overlooking the
stairway, the railing suddenly gave way causing Megan to fall to the first floor below.
9. Megan hit her head on a granite counter during the fall, causing a large piece of
granite to break off the counter, and she sustained an obvious critical head injury during the fall,
which is permanent and debilitating in nature.
10. Megans head, brain and/or spinal injuries sustained in the fall were or should
reasonably have been apparent to all persons exercising due care under the attendant
circumstances and based on her obvious condition due to the fall.
11. Shortly after the fall, one or more of the Defendants, including Defendant Urso,
acting in the course and scope of his employment with Spirits and/or at the direction of one or
more of the Defendants and/or their owners, managers and/or supervisors, negligently moved
Megans head, neck and body from the location where she fell to outside the premises, which
aggravated and/or worsened Megans already catastrophic fall-related injuries and medical
condition.
12. An off-duty medical professional came upon Megan on the sidewalk outside
Spirits and began administering life-saving measures until EMS and Cleveland police arrived.
13. Megan was promptly taken by EMS to MetroHealth Medical Center and was
diagnosed with traumatic injuries that include, but are not limited to, subdural hematoma (brain
bleed), severe closed head injury, lacerations to the skull, a skull fracture, a blood clot, a
fractured left eye socket and fractured 7th vertebrae, and she underwent neurosurgery that
included removing of a portion of her skull to reduce intra-cranial pressure.
LAW OFFICES 14. As a direct and proximate result of the aforementioned incident and the
BASHEIN & BASHEIN
CO., L.P.A.
TERMINAL TOWER
negligence of one or more of the Defendants, Megan sustained traumatic, severe, debilitating,
35th FLOOR
50 PUBLIC SQUARE 8
(216) 771-3239
and catastrophic injuries to her person which include, but are not limited to, a subdural
hematoma, closed head injury, lacerations to the skull, a skull fracture, subsequent neurosurgery
that included removal of a portion of her skull to reduce intra-cranial pressure, a fractured left
eye socket, fractured 7th vertebrae, and a blood clot. Her injuries constitute permanent and
substantial physical deformities and/or permanent physical functional injuries that permanently
prevent her from being able to independently care for herself and/or to perform life-sustaining
activities.
15. On or about June 5, 2017, Megans father, Plaintiff Brian Patrick Keefe, Sr., was
appointed Guardian of the Person and Estate of Megan Nichole Keefe in Cuyahoga County
Court of Common Pleas (Probate Division) Case No. 2017GRD225409 due to the traumatic
brain and other injuries she sustained on March 17, 2017 as described herein. (A true and
accurate copy of the Letters of Guardianship issued by the Honorable Laura J. Gallagher in Case
No. 2017GRD225409 are attached to this Complaint as Exhibit A). Plaintiff Brian Patrick Keefe,
Sr. brings the following claims individually and as Guardian and on behalf of the Person and
Estate of Megan Nichole Keefe, an Incompetent.
COUNT ONE
(Negligence and Premises Liability against Defendants Warehouse Entertainment

Group, LLC, Spirits, Spirits Restaurant & Bar, George Nakhle, Samir Nakhle,
Joseph Nakhle, Nakhle Brothers Enterprise, LLC, R.S.N. Properties, LLC,
The Dalad Group, WD Downtown, Ltd., and John Doe Defendants 1-20)
16. Plaintiffs re-allege and fully incorporate the allegations and statements contained
in Paragraphs 1 through 15 of this Complaint as if frilly rewritten herein.
17. At all relevant times, Megan was a business invitee and patron at Spirits, was
LAW OFFICES
BASHEIN & BASHEIN lawfully on the premises as a business invitee, and all Defendants named in this lawsuit,
CO., L.P.A.
TERMINAL TOWER
35th FLOOR
50 PUBLIC SQUARE 9
(216) 771-3239
including those identified in other Counts set forth in this Complaint, owed her various duties,
including but not limited to the duty to exercise ordinary care for her safety and protection on the
premises.
18. At all relevant times, all Defendants named in this lawsuit, including those
identified in others Counts set forth in this Complaint, owed a legal duty and responsibility to
business invitees and patrons, including Megan, to protect them by maintaining the premises at
Spirits in a reasonably safe condition so as to not unnecessarily or unreasonably expose them to
unreasonable danger.
19. At all relevant times, Defendants owed a legal duty and responsibility to business
invitees, including Megan, to maintain, service, repair, replace and/or remove hazardous,
dangerous and/or defective conditions on the premises, including the defective railing(s) and
surrounding areas at issue in this lawsuit.
20. At all relevant times, Defendants owed a legal duty and responsibility to business
invitees, including Megan, to warn her of hazardous, dangerous and/or defective conditions on
the premises of which they had actual and/or constructive knowledge, including the hazardous,
dangerous and/or defective railing(s) and surrounding areas at issue in this lawsuit.
21. At all relevant times, Defendants individually and/or collectively, negligently
created, installed, failed to maintain, failed to service, failed to repair, failed to replace, failed to
remove and/or permitted this and/or other hazardous, dangerous and/or defective condition(s)
and/or nuisances to exist and persist on the premises despite their actual and/or constructive
knowledge of the same, including by negligently failing to maintain, service, repair, replace
LAW OFFICES and/or remove the defective railing(s) surrounding a stairwell in an area of the premises that was
BASHEIN & BASHEIN
CO., L.P.A.
TERMINAL TOWER
foreeably and readily accessible to the public and to patrons like Megan and open for their use,
35 FLOOR
50 PUBLIC SQUARE 10
(216) 771-3239
yet unreasonably dangerous due to the defective railing(s), their surrounding areas and/or due to
additional defects which will be further developed during discovery and proven at trial.
22. At all times mentioned herein, Defendants had actual and/or constructive
knowledge that the aforementioned railing(s) and surrounding areas were in a hazardous,
dangerous and/or defective condition and, despite such knowledge, did nothing to change those
conditions, including but not limited to by negligently failing to restrict access to this area of the
premises and/or by negligently failing to maintain, service, repair, replace, remove and/or warn
of the defective railing(s) and/or of other defects on the premises which will be further
developed during discovery and proven at trial.
23. At all relevant times, Defendants named in this Complaint were negligent in their
duties as owner(s) and/or manager(s) and/or operations entities by failing to keep the premises
free from hazardous, dangerous and/or defective conditions and/or nuisances, including by
failing to maintain, service, repair, replace or remove the defective railing(s) and surrounding
areas at issue in this lawsuit.
24. At all times mentioned herein, Defendants were additionally negligent in failing
to warn Megan and other business invitees and patrons like her of the hazardous, dangerous
and/or defective condition of the railing(s) and surrounding areas, when they knew, or in the
exercise of ordinary care should have known, that the railing(s) and surrounding areas were
dangerous and hazardous to business invitees and/or patrons, including Megan, who would
foreseeably use said areas and/or come into contact with the defective railing(s) and/or other
defective conditions on the premises which will be further developed during discovery and
LAW OFFICES proven at trial.

BASHEIN & BASHEIN
CO., L.P.A.
TERMINAL TOWER
35TH floor
50 PUBLIC SQUARE 11
(216) 771-3239
25. At all times mentioned herein, Defendants negligently failed to provide written or
verbal warnings of the hazardous, dangerous and/or defective railing(s) to business invitees and
patrons like Megan, which was a hidden or concealed defect and/or one which could not
reasonably be discovered by reasonable or customary observation by Megan or other business
invitees, and Defendants also negligently failed to have any warning signs posted in or near this
area warning business invitees and patrons, including Megan, that the railing(s) and/or
surrounding areas were unsafe, dangerous or defective.
26. The defective railing(s) was not an open or obvious condition to business invitees
and patrons, including Megan, who were permitted to access and use the area where the incident
occurred, including to attend an event and/or party held on the premises on March 17, 2017.
27. Business invitees, including Megan, were not aware of the hazards and/or dangers
posed by the defective railing(s) and/or surrounding areas, and they could not reasonably be
expected to discover and protect themselves against such hazards and/or dangers, including due
to the attendant circumstances existing at Spirits both before and at the time of the March 17,
2017 incident described in this Complaint.
28. The Defendants named in this lawsuit negligently concealed and/or failed to
disclose known dangerous, unsafe and/or hazardous defects on the premises, including the
defective railing(s) at issue in this lawsuit.
29. One or more of the acts or omissions of negligence described herein and
proximately causing the damages described herein are attributable to one or more of the officers,
directors and/or management personnel of one or more of the Defendants, who are also liable for
LAW OFFICES such negligent acts and/or omissions under the doctrine of respondeat superior and/or pursuant
BASHEIN & BASHEIN
CO., L.P.A.
TERMINAL TOWER
to other well-established agency principles under Ohio law.
35 FLOOR
50 PUBLIC SOUARE 12
(216) 771-3239
30. At all times mentioned herein, Defendants were negligent in failing to comply
with various City of Cleveland Ordinances, Ohio Basic Building Code provisions and/or other
applicable state or local laws, and some of this conduct may also constitute negligence per se.
31. As a direct and proximate result of the Defendants negligence as described
herein and which will be further developed during discovery and proven at trial, Plaintiffs and
Megan Nichole Keefe have suffered catastrophic and substantial harms, losses and damages as
previously described, which will be permanent and ongoing for the remainder of Megans life,
and which includes both economic and non-economic damages.
32. As a direct and proximate result of the Defendants negligence as described
herein and which will be further developed during discovery and proven at trial, Megan was
caused to suffer catastrophic injuries, severe pain, mental anguish, and disability, which
continues at the time of this Complaint, and which with reasonable medical certainty will
continue for the remainder of her life. This includes but is not limited to one or more injuries
which constitute permanent and substantial physical deformities and/or permanent physical
functional injuries that permanently prevent Megan from being able to independently care for
herself and/or to perform life-sustaining activities.
33. As a direct and proximate result of Defendants negligence as described herein
and which will be further developed during discovery and proven at trial, Plaintiffs and/or their
daughter Megan have been caused to incur in excess of One Million Dollars ($1,000,000.00) in
expenses necessary for her medical care and treatment and, with reasonable certainty, will incur
in excess of Ten Million Dollars ($10,000,000:00) in additional medical expenses for Megans
LAW OFFICES medical care, treatment, rehabilitation and needs over her expected lifetime.
BASHEIN & BASHEIN
CO., UP.A.
TERMINAL TOWER
35 FLOOR
SO PUBLIC SQUARE 13
(216) 771-3239
34. As a direct and proximate result of Defendants negligence as described herein
and which will be further developed during discovery and proven at trial, Megan has been unable
to return to her employment since the incident, resulting in a loss of income to her, and will to a
reasonable degree of certainty suffer a permanent and total impairment of her earnings for the
rest of her life.
35. Plaintiffs, therefore, say that they and/or Megan have been injured and damaged
in a sum in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00).
COUNT TWO
(Negligence and Nuisance Claims Against The Dalad Group, WD Downtown, Ltd.
and one or more of the John Doe Defendants 1-20)
in Paragraphs 1 through 35 of this Complaint as if fully rewritten herein.
37. The Defendants, including but not limited to The Dalad Group, WD Downtown,
Ltd. and/or one or more of the John Doe Defendants 1-20, negligently constructed, created,
maintained and/or allowed to exist and persist the hazardous, dangerous and/or defective
railing(s) and surrounding areas at issue in this lawsuit, and these hazardous and dangerous
defects existed and were present on the premises before and when one or more of said
Defendants leased or rented the premises to Spirits or one or more of the other Defendants.
38. In addition, and/or in the alternative, Defendants, including but not limited to The
Dalad Group, WD Downtown, Ltd. and/or one or more of the John Doe Defendants 1-20,
negligently failed to maintain, service, repair, replace or remove the defective railing(s) and
surrounding areas at issue in this lawsuit before leasing the premises to Spirits and/or one or
LAW OFFICES
BASHEIN & BASHEIN more of the other Defendants despite having actual and/or constructive knowledge of the
CO., L.P.A.
TERMINAL TOWER
35TH FLOOR
50 PUBLIC SQUARE 14
(216) 771-3239
foreseeability of harm to others, including to Spirits, its employees and its patrons, including
Megan, if they failed to maintain, service, repair, replace and/or remove these hazardous,
dangerous and defective conditions before leasing the premises for the intended purposes for
which the premises was leased.
39. Before Defendants The Dalad Group, WD Downtown, Ltd. and/or one or more of
the John Doe Defendants 1-20 leased or rented the premises located at 1276 W. 6th Street in
Cleveland, Ohio to Spirits and/or one or more of the Defendants named herein, the premises
and/or the portion of them at issue in this lawsuit were in a ruinous, dangerous and/or defective
condition, including due to the state of the railing(s) and surrounding areas at issue in this
lawsuit, and Defendants The Dalad Group, WD Downtown, Ltd. and/or one or more of the John
Doe Defendants 1-20 had actual or constructive knowledge of these facts and circumstances.
40. In addition, and/or in the alternative, the condition of the railing(s) and
surrounding areas at issue in this lawsuit constitute a nuisance that was created, maintained
and/or permitted to exist and persist by Defendants The Dalad Group, WD Downtown, Ltd.
and/or one or more of the John Doe Defendants 1-20 before one or more of them leased or rented
the premises to Spirits or any of its affiliates, and said Defendants knew that its premises were
being leased for purposes which involved the admission of the public, including business
invitees and patrons like Megan, and that the defective condition(s) and/or nuisance on its
premises would involve an unreasonable and foreseeable risk of harm to such persons if they
failed to abate or remedy the hazardous, dangerous and/or defective railing(s) and surrounding
areas before leasing or renting the premises for these purposes. The Defendants, including The
LAW OFFICES Dalad Group, WD Downtown, Ltd. and/or one or more of the John Doe Defendants 1-20 knew
BASHEIN & BASHEIN
CO., L.P.A.
TERMINAL TOWER
that their owned premises contained a known nuisance to public at the time of leasing. Said
35 FLOOR
50 PUBLIC SQUARE 15
(216) 771-3239
Defendants also had reason to expect that Spirits would admit business invitees and patrons like
Megan before the premises were put in a safe condition and failed to exercise reasonable care to
remedy the situation or otherwise protect such persons from the known defective condition(s)
and/or nuisance.
41. In addition, and/or in the alternative, Defendants The Dalad Group, WD
Downtown, Ltd. and/or one or more of the John Doe Defendants 1-20 leased or rented the
hazardous, dangerous and/or defective premises when they were in such want of repair or bad
and dangerous condition as to be a nuisance, had control of the property at the time when the
defective condition(s) and nuisance existed, had ample opportunities to remove the defective
condition(s) and/or nuisance from the premises and yet chose not to do so, received rent for the
use of the defective premises and are liable to Plaintiffs for the permanent and catastrophic
injuries described in this Complaint.
42. In addition, and/or in the alternative, the defective condition(s) and/or nuisance
existing on the premises before Spirits or any of its affiliates leased or rented the premises,
including the defective railing(s) and surrounding areas at issue in this lawsuit, were either
defects inherent in the construction of the premises and/or were caused by the failure of
Defendants The Dalad Group, WD Downtown, Ltd. and/or one or more of the John Doe
Defendants 1-20 to maintain, service, repair, replace or remove the defective condition(s) and/or
nuisance before leasing or renting the premises, including pursuant to contractual agreements to
do so, warranties regarding the condition of the premises and/or their breach of their various
duties to do so.
LAW OFFICES 43. The Defendants, including but not limited to The Dalad Group, WD Downtown,
BASHEIN & BASHEIN
CO., L.P.A.
TERMINAL TOWER
Ltd. and/or one or more of the John Doe Defendants 1-20, were negligent in the manner in which
35 FLOOR
50 PUBLIC SQUARE 16
(216) 771-3239
they constructed, created, maintained, serviced and/or repaired (and/or failed to maintain, service
or repair) the defective railing(s) and surrounding areas at issue in this lawsuit, including by
failing to comply with various City of Cleveland Ordinances, Ohio Basic Building Code
provisions and/or other applicable state or local laws, and some of this conduct may also
constitute negligence per se.
44. In addition, and/or in the alternative, Defendants, including but not limited to The
Dalad Group, WD Downtown, Ltd. and/or one or more of the John Doe Defendants 1-20, agreed
to make repairs to the hazardous, dangerous and/or defective conditions and/or nuisance on the
premises, including the railing(s) and surrounding areas at issue in this lawsuit, and either
negligently failed to make such repairs and/or were negligent in their performance of such
repairs, thus exposing them to liability to Plaintiffs for the permanent and catastrophic injuries
described in this Complaint.
45. In addition, and/or in the alternative, the dangerous and defective railing(s) and
surrounding areas that resulted in catastrophic injuries to Megan were in existence before The
Dalad Group, WD Downtown, Ltd. and/or one or more of the John Doe Defendants 1-20 leased
or rented the premises to Spirits or any of its affiliates, were known by The Dalad Group, WD
Downtown, Ltd. and/or one or more of the John Doe Defendants to be a dangerous, hazardous
and defective condition and/or nuisance to persons entering the premises, and they failed to
maintain, service, repair, replace or remove such known hazardous, dangerous and/or defective
condition(s) despite that knowledge both before leasing or renting the premises and continuing
thereafter.
LAW OFFICES 46. In addition, and/or in the alternative, Defendants The Dalad Group, WD
BASHEIN & BASHEIN
CO., L.P.A.
TERMINAL TOWER
Downtown, Ltd. and/or one or more of the John Doe Defendants 1-20 had actual or constructive
35th FLOOR
50 PUBLIC SQUARE 17
(16) 77 1-3239
knowledge of the dangers posed by the defective railing(s) both before and after leasing the
premises and, in addition to failing to maintain, service, repair, replace or remove the known
defect(s), concealed the same from others who would foreseeably come into contact with the
defect(s) and not be able to appreciate the dangers associated with them, including Spirits, its
employees and/or patrons, including Megan.
Downtown, Ltd. and/or one or more of the John Doe Defendants 1-20 at all relevant times: had
and exercised sufficient possession, power and/or physical control over the premises and/or the
nuisance existing thereon, including over the defective railing(s) and surrounding areas known to
them and which were already in existence before they leased or rented the premises to Spirits;
had actual and/or constructive knowledge of the hazards and dangers posed by the pre-existing
defects and/or nuisance on the premises; had the duty to maintain, repair, service, replace and/or
remove the defective condition(s) and/or nuisance; had the absolute right and ability to enter the
premises to do the same; had the right and power to admit, exclude or evict persons from the
premises; and owed a duty of reasonable care to foreseeable users of the premises to maintain,
repair, service, replace, remove and/or warn of the pre-existing defective condition(s) and/or
nuisance on the premises, including to Spirits, its employees and its patrons, including Megan.
48. At all relevant times, it was foreseeable to Defendants The Dalad Group, WD
Downtown, Ltd. and/or one or more of the John Doe Defendants 1-20 that if they failed to
maintain, service, repair, replace or remove the pre-existing and dangerous defective
condition(s) and/or nuisance on the premises, this would unreasonably expose Spirits
LAW OFFICES employees and patrons to unreasonable risks of harm, including the foreseeability of serious and
BASHEIN & BASHEIN
CO., L.P.A.
TERMINAL TOWER
35th FLOOR
50 PUBLIC SQUARE 18
(216) 77 1-3239
permanent injuries, due to the hazardous, dangerous and/or latent characteristics of the defective
condition(s) and/or nuisance existing on the premises and at issue in this lawsuit.
Downtown, Ltd. and/or one or more of the John Doe Defendants 1-20 breached the duties of care
they owed and/or were negligent in several respects, including by creating, maintaining and/or
failing to service, repair, replace or remove the defective condition(s) at issue in this lawsuit
and/or permitting said defective conditions) and/or nuisance to exist and persist before and
when leasing or renting the premises to one or more of the Spirits Defendants, failing to warn of
the defective condition(s) and/or nuisance, and in other respects described elsewhere in this
Complaint and/or which will be developed during discovery and proven at the time of trial.
50. One or more of the acts or omissions of negligence and/or the nuisance
allegations described herein, which are a proximate cause of the injuries and damages alleged in
this Complaint, are attributable to one or more of the officers, directors and/or management
personnel of one or more of the Defendants, who are also liable for such negligence and/or
nuisance under the doctrine of respondeat superior and/or pursuant to other well-established
agency principles under Ohio law.
51. As a direct and proximate result of Defendants negligence and/or due to the
nuisance they created, maintained and/or allowed to exist on and/or failed to service, repair,
replace and/or remove from their owned premises, as described in this Complaint and which will
be further developed during discovery and proven at trial, Plaintiffs and/or their daughter,
Megan, have suffered catastrophic and substantial harms, losses and damages, which will be
LAW OFFICES permanent and ongoing for the remainder of Megans life, and which includes both economic
BASHEIN & BASHEIN
CO., L.P.A.
TERMINAL TOWER and non-economic damages.

35 FLOOR
50 PUBLIC SQUARE 19
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nuisance they created, maintained and/or allowed to exist on and/or failed to service, repair,
be further developed during discovery and proven at trial, Megan was caused to suffer
catastrophic injuries, severe pain, mental anguish, and disability, which continues at the time of
this Complaint, and which with reasonable medical certainty will continue for the remainder of
her life. This includes but is not limited to one or more injuries which constitute permanent and
substantial physical deformities and/or permanent physical functional injuries that permanently
prevent Megan from being able to independently care for herself and/or to perform life-
sustaining activities.
nuisance they created, maintained and/orallowed to exist on and/or failed to service, repair,
be further developed during discovery and proven at trial, Plaintiffs and/or Megan have incurred
in excess of One Million Dollars ($1,000,000.00) in expenses necessary for her medical care and
treatment and, with reasonable certainty, will incur in excess of Ten Million Dollars
($10,000,000.00) in additional medical expenses for her medical care, treatment, rehabilitation
and needs over her expected lifetime.
nuisance they created, maintained and/orallowed to exist on and/or failed to service, repair,
LAW OFFICES be further developed during discovery and proven at trial, Megan has been unable to return to
BASHEIN & BASHEIN
CO., L.P.A.
TERMINAL TOWER
her employment since the incident, resulting in a loss of income to her, and will to a reasonable
35 FLOOR
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(216) 771-3239
degree of certainty suffer a permanent and total impairment of her earnings for the rest of her
life.
COUNT THREE
(Additional Negligence Claims against Defendants Nicholas Paul Urso,

George Nakhle, Samir Nakhle, Joseph Nakhle, Warehouse Entertainment
Group, LLC, Spirits, Spirits Restaurant & Bar, Nakhle Brothers
Enterprise LLC, R.S.N. Properties, and/or one or more of the John Doe
Defendants 1-20, including Respondeat Superior)
57. After the defective railing(s) gave way and Megan fell to the first floor due to the
negligence of certain Defendants and/or nuisance existing on the premises as described in this
Complaint, it was or should have been obvious to any person exercising due care, including all
employees, independent contractors and/or agents working and present at Spirits, that Megan
had sustained an obvious and significant head, neck and/or spine injury during the fall,
particularly since she was bleeding profusely from the head after colliding with a granite counter
located below during the fall.
58. One or more of the Defendants, including Defendant Nicholas Paul Urso, acting
in the course and scope of his employment with Spirits and/or at the direction of one or more of
the Defendants and/or their owners, managers and/or supervisors, negligently and without the
exercise of ordinary care that was owed, moved Megans head, neck and body from the location
LAW OFFICES of where she fell to outside the premises despite her critical and life-threatening injuries.
BASHEIN & BASHEIN
CO., L.P.A.
TERMINAL TOWER
35 FLOOR
50 PUBLIC SQUARE 21
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59. These unreasonable and negligent actions by Defendant Urso, done in the course
and scope of his employment and/or at the direction of one or more of the Defendants and/or
their owners, managers and/or supervisors, proximately caused an aggravation and/or worsening
of Megans already catastrophic fall-related injuries and medical condition.
60. Defendants Warehouse Entertainment Group, LLC, Spirits, Spirits Restaurant &
Bar, George Nakhle, Samir Nakhle, Joseph Nakhle, Nakhle Brothers Enterprises, LLC, R.S.N.
Properties and/or one or more of the John Doe Defendants 1-20 are additionally liable for
Defendant Ursos negligent acts and omissions under the doctrine of respondeat superior and/or
pursuant to other well-recognized and applicable agency principles under Ohio law.
61. As a direct and proximate result of Defendants negligence and aforementioned
conduct as described herein and otherwise established during discovery and at trial, Plaintiffs
and/or their daughter, Megan, have suffered catastrophic and substantial harms, losses and
damages, which will be permanent and ongoing for the remainder of Megans life, and which
includes both economic and non-economic damages.
conduct, Megan has suffered catastrophic injuries, severe pain, mental anguish and total
disability, which continues at the time of this Complaint, and with reasonable medical certainty
she will incur pain, mental anguish, suffering, total disability for the rest of her life. This
includes but is not limited to one or more injuries which constitute permanent and substantial
physical deformities and/or permanent physical functional injuries that permanently prevent
Megan from being able to independently care for herself and/or to perform life-sustaining
LAW OFFICES
activities.
BASHEIN & BASHEIN
CO., L.P.A.
TERMINAL TOWER
35TH FLOOR
50 PUBLIC SOUARE 22
(216) 771-3239
conduct, as described herein and which will be further developed during discovery and proven at
trial, Plaintiffs and/or their daughter Megan have been caused to incur in excess of One Million
Dollars ($1,000,000.00) in expenses necessary for her medical care and treatment and, with
reasonable certainty, will incur in excess of Ten Million Dollars ($10,000,000.00) in additional
medical expenses for Megans medical care, treatment, rehabilitation and needs over her
expected lifetime
64. As a direct and proximate result of the Defendants aforementioned negligence
and conduct, Megan has been unable to return to her employment since the incident, resulting in
a loss of income to her, and will further suffer a permanent and total impairment of her earnings
for the rest of her life.
COUNT FOUR
(Conscious Disregard against All Defendants)
67. At all times mentioned herein, the Defendants actions represented a conscious
disregard of the rights and safety of the Plaintiff, Megan Keefe, with a substantial likelihood
and/or probability that a severe injury and/or death would occur.
68. Asa direct and proximate result of Defendants conscious disregard of the rights
LAW OFFICES
and safety of Megan Keefe, Plaintiffs have therefore been injured and damaged in a sum in
BASHEIN St BASHEIN
CO., L.P.A.
TERMINAL TOWER excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) in punitive damages.
35 FLOOR
50 PUBLIC SQUARE
23
(216) 771-3239
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COUNT FIVE
(Loss of Consortium)
70. Plaintiffs Brian Patrick Keefe, Sr. and Kimberlie Keefe are the natural parents of
Megan Nichole Keefe, and due to the traumatic, permanent, and life-altering injuries she
sustained as a direct and proximate result of one or more of the Defendants negligence and/or
due to the nuisance one or more of them created, maintained and/or permitted to exist on the
premises, they have incurred medical expenses necessary for her medical care and treatment and
will reasonably continue to do so into the indefinite future.
71. As a direct and proximate result of Defendants negligence, aforementioned
conduct, and/or due to the nuisance one or more of them created, maintained and/or permitted to
exist on the premises, Plaintiffs Brian Patrick Keefe, Sr. and Kimberlie Keefe have additionally
been deprived of the aide, comfort, support, and society of their daughter, and will continue to
incur these recoverable damages into the indefinite future.
72. Plaintiffs Brian Patrick Keefe, Sr. and Kimberlie Keefe have lost time and income
from their employment in order to provide attendant care to their daughter Megan as a result of
her permanent and catastrophic injuries. Under the Supreme Courts holding in Hutchings v.
Childress, 119 Ohio St. 486, the reasonable and/or fair market value of the care they have
provided to Megan, and will continue to provide to her into the indefinite future, are an element
of Megans recoverable damages in this lawsuit.
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35TH FLOOR
50 PUBLIC SQUARE
24
CLEVELAND, OHIO 441 13
(216) 771-3239
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73. Plaintiffs, Brian Patrick Keefe, Sr. and Kimberlie Keefe, therefore, say that they
and/or Megan have been injured and damaged in a sum in excess of TWENTY FIVE
THOUSAND DOLLARS ($25,000.00).
WHEREFORE, Plaintiffs pray for judgment against the Defendants, jointly
and/or severally, in an amount in excess of TWENTY FIVE THOUSAND DOLLARS
($25,000.00) for compensatory damages and punitive damages, attorney fees, litigation
expenses, their costs herein, and all additional legal or equitable relief and remedies deemed just
by this Honorable Court.
RESPECTFULLY SUBMITTED,
UJ-
W. CRAIG BASHEIN (#0034591)
THOMAS J. SHEEHAN (#0034591)
BASHEIN & BASHEIN CO., L.P.A.
35th Floor
Terminal Tower
50 Public Square
216-771-3239
216-781-5876 Facsimile
cbashein@basheinlaw.com
and
/s/ Stephen T. Keefe. Jr. _ _ _ _ _ _

STEPHEN T. KEEFE, JR. (#0067361)
The Keefe Law Firm LLC
14222 Madison Avenue
Lakewood, Ohio 44107
216-375-0155
LAW OFFICES keefe@keefelawfirm.com
BASHEIN & BASHEIN.
CO., L.P.A.
TERMINAL TOWER
35TH FLOOR
50 PUBLIC SQUARE
25
(216) 771-3239
Electronical y Fited 06/26/2017 11:26 / SERVICE / CV 17 882236 / Confirmation Nbr. 1103210 / CLDM2
and
Is/ Kevin M. Spellacv_ _ _ _ _ _ _ _ _

KEVIN M. SPELLACY (#0042374)
McGinty Hilow & Spellacy Co., L.P.A.
614 W. Superior Avenue, Ste. 1300
216-344-9220
kspell@mghslaw.com
and
Is/ John J. Spellacv _ _ _ _ _ _ _ _

JOHN J. SPELLACY (#0065700)
John J. Spellacy & Associates
323 W. Lakeside Avenue, Ste. 300
216-241-0520
ispellacv@spellacvlaw.com
Attorneys for Plaintiffs
.JURY DEMAND
Trial by jury is hereby demanded. Ixl.
LAW OFFICES
BASHEIN & BASHEIN

CO,, L.P.A.
TERMINAL TOWER
35TH FLOOR
50 PUBLIC SQUARE 26
(216) 771-3239
Megan Keefe, et al., ) CASE NO.

)
Plaintiffs ) JUDGE
vs. )
) PLAINTIFF'S FIRST SET OF
Warehouse Entertainment Group, LLC, et al., ) INTERROGATORIES DIRECTED TO
) DEFENDANTS WAREHOUSE
Defendants ) ENTERTAINMENT GROUP, LLC,
) SPIRITS, SPIRITS RESTA URANT & BAR,
) GEORGE NAKHLE, SAMIR NAKHLE,
) JOSEPH NAKHLE, NAKHLE BROTHERS
) ENTERPRISE, LLC, R.S.N. PROPERTIES,
) LCC AND NICHOLAS PAUL URSO
)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ )
Each of the foregoing Defendants will please take notice that, pursuant to Rule 33 of
the Ohio Rules of Civil Procedure, the undersigned demands service, within twenty-eight (28)
days, of each of your separate answers to the following Interrogatories under oath, 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
LAW OFFICES knowledge of party's officers, agents, representatives, employees, affiliates and attorneys.
BASHEIN & BASHEIN
CO., L.P.A.
TERMINAL TOWER
35 FLOOR
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(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
considered a failure to provide an answer.
(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
LAW OFFICES revision, all electronically-stored information, and any other document as defined in Rule 34 of
BASHEIN & BASHEIN
CO., L.P.A.
TERMINAL TOWER
the Ohio Rules of Civil Procedure. In all instances where an original, draft, revision, or
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I
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.
(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.
LAW OFFICES (k) In the event the party to whom these interrogatories are addressed does not know the
BASHEIN & BASHEIN
CO., L.P.A.
TERMINAL TOWER
complete answer to an interrogatory but does know how the requested information might
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possibly be obtained, the party shall set forth such secondary knowledge in full and with
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 by full name and address all persons or entities who assisted in, or
provided information to assist you in any manner with, answering any of Plaintiffs
Interrogatories or Requests for Production of Documents.
ANSWER:
2. If you are a corporation or other type of business entity, identify what type of
corporation or other business entity you are along with your full legal name, address for your
principal place of business, and the names and addresses of your officers, directors, members,
partners or limited partners. If you are not a corporation or business entity, state your full legal
name, address and employer(s) as of March 17, 2017 and currently.
ANSWER:
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35 FLOOR
50 PUBLIC SQUARE
(216) 771-3239
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3. For each affirmative defense you are asserting in your Answer to the Complaint,
or to any cross-claims asserted against you by any other party to this lawsuit, state the facts,
witnesses and documents upon which you rely for each affirmative defense.
ANSWER:
4. Identify all liability insurance policies (including all primary, underlying,

umbrella, excess, self-insurance, commercial general liability, officers and directors, errors and
omissions and any other type of liability insurance policies) under which you or any of your
affiliated businesses, entities, officers, directors, members, partners, employees, independent
contractors and/or agents were insured or otherwise covered at any point between January 1,
2015 and March 17, 2017.
ANSWER:
5. State whether there are any reservations of rights with respect to any of the
insurance coverages identified in response to the preceding Interrogatory and, if so, all grounds
for any reservation of rights.
ANSWER:
LAW OFFICES
BASHEIN & BASH El N

CO., L.P.A.
TERMINAL TOWER
35TH FLOOR
50 PUBLIC SQUARE
(216) 771-3239
6. Identify when the railing(s) at issue in this lawsuit was installed and by whom.
ANSWER:
7. State the condition of the railing(s) at issue in this lawsuit when you first leased,
occupied or worked at the premises located at 1276 W. 6th Street in Cleveland, Ohio.
ANSWER:
8, State all maintenance, servicing, repairs, changes, or modifications made to the

railing(s) at issue in this lawsuit between the time you first leased, occupied or worked at the
premises located at 1276 W. 6th Street in Cleveland, Ohio and the present date.
ANSWER:
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35TH FLOOR
50 PUBLIC SQUARE
(216) 771-3239
9. State whether the owner of the premises located at 1276 W. 6th Street in
Cleveland, Ohio or any of its employees or agents warned you about any problems, dangers or
issues with the railing(s) before you leased, occupied or worked at said premises or at any time
after that.
ANSWER:
10. If your answer to the previous Interrogatory is in the affirmative in any respect,
identify the full content of all such warning(s) provided to you, the date(s) given, and by whom.
ANSWER:
11. Identify by complete name and address all persons or entities you claim had any
responsibility for installing, inspecting, servicing, maintaining, repairing, replacing or removing
the railing(s) at issue in this lawsuit at any point during your lease, occupancy and/or
employment relating to the premises located at 1276 W. 6th Street in Cleveland, Ohio.
ANSWER:
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35 floor
SO PUBLIC SOUARE
(216) 771-3239
12. State the names, addresses, and telephone numbers of all employees,
maintenance individuals, custodial crew, contractors, subcontractors, and/or other persons or
entities known to you who installed, inspected, serviced, maintained, repaired, replaced or
removed the railing(s) at issue in this lawsuit between January 1, 2015 and the present date.
(Note: For each individual or entity listed, provide the specific dates and times they inspected,
serviced, replaced, maintained, repaired, installed or had contact with the railing(s) at issue in
this lawsuit, and the identify their employer, if any, at that time).
ANSWER:
13. Identify by complete name and address all persons and/or entities responsible in
any manner for managing, maintaining, servicing and/or repairing the premises located at 1276
W. 6th Street in Cleveland, Ohio between January 1, 2015 and the present.
ANSWER:
14. State the names, addresses, and telephone numbers of all employees, security
personnel, off-duty police officers, maintenance workers, custodial crew, contractors,
subcontractors, and other persons who worked at Spirits located at 1276 W. 6th Street,
Cleveland, Ohio on March 17, 2017.
ANSWER:
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35TH FLOOR
50 PUBLIC SQUARE
(216) 771-3239
15. For each individual identified in response to the preceding Interrogatory,
provide the specific times they were at Spirits on March 17, 2017, the specific area(s) of the
premises where they were working and/or located on that date, and their employer, if any, at
the time.
ANSWER:
16. State the names, addresses, and telephone numbers of all individuals known to
you, including employees, contractors and patrons, who were present on the upper level and/or
second floor of Spirits at the time of the incident described in the Complaint.
ANSWER:
17. State the names, addresses, and telephone numbers of all individuals known to
you, including employees, contractors and patrons, who were present on the lower level and/or
first floor at Spirits at the time of the incident described in the Complaint.
ANSWER:
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35TH FLOOR
50 PUBLIC SQUARE
(216) 771-3239
18. State whether you or anyone acting on your 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, along
with the name(s) and address(es) of the person(s) from whom any such statements were taken
and the name(s) and address(es) of the person(s) who took all such statements.
ANSWER:
19. Identify by full name and address all safety or security consultants or contractors
you consulted with, contracted with and/or employed at any time, and for each of them, identify
all safety or security recommendations, opinions or conclusions authored by them relating in
any manner to the premises located at 1276 W. 6th Street in Cleveland, Ohio.
ANSWER:
20. Identify all inspections conducted of the first and/or second floors of the
premises located at 1276 W. 6th Street in Cleveland, Ohio between 2010 and the present,
including the full name(s) and address(es) of all persons conducting such inspections during
this time period and the date(s) on which each such inspection took place.
ANSWER:
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35 FLOOR
SO PUBLIC SQUARE
(216) 771-3239
10
21. If you or anyone else acting on your behalf inspected or performed testing at the
site that is the subject of this lawsuit before or after the incident, state the name(s) of the
individual(s) or entity(ies) conducting such inspection(s) and/or testing, along with their
opinions and conclusions. (Note: This shall also include ore- and post-incident inspections or
testing of the railing(s) at issue in this lawsuit).
ANSWER:
22. Identify all photographs or videotapes of the premises you or anyone acting on
your behalf took prior to the incident, during the incident, or following the incident that is the
subject of this lawsuit. (Note: This shall include the identification of the number of video or
digital cameras and their location on the premises, the number of photographs or videos taken,
the dates they were taken, by whom they were taken, the subject matter depicted in each, and
the name, address, and title of the person(s) who has custody of them).
ANSWER:
LAW OFFICES
BASHEIN & BASHEIN
CO., L.P.A.
TERMINAL TOWER
35 floor
50 PUBLIC SQUARE
(216) 771-3239
11
23. State the full name and last known address and telephone number of every
person known to you to have any knowledge regarding the facts or circumstances of the March
17, 2017 incident which is the subject matter of this litigation, including but not limited to
eyewitnesses to the incident; employees, independent contractors and/or patrons present when
it happened; persons who were familiar with the operation and/or installation, inspection,
maintenance, servicing, repair, replacement and/or removal of the railing(s) and/or area
involved in the incident; and persons who communicated or interacted with any reporting or
investigating agency or department relating in any manner to the incident involving Plaintiff
Megan Keefe and/or the railing(s) or surrounding area involved.
ANSWER:
24. State the names, addresses and telephone numbers of all employees,
independent contractors and/or other persons or entities who had knowledge regarding the
condition of the railing(s) at issue in this lawsuit prior to March 17, 2017 or of injuries
occurring before or after March 17, 2017 relating in any manner to the railing(s) or any other
condition of the premises located at 1276 W. 6th Street in Cleveland, Ohio.
ANSWER:
25. If you or any other Defendant made any changes or modifications to any
policies, procedures, rules, regulations, policy manuals, equipment, or the premises (including
the upper level railing(s)) following the March 17, 2017 incident, identify each change or
modification, the date each was implemented, why each was implemented, and the identity of
the person(s) who authorized and implemented each such change or modification.
LAW OFFICES
ANSWER:
BASHEIN & BASH El N
CO., L.P.A.
TERMINAL TOWER
35TH FLOOR
50 PUBLIC SQUARE
(216) 77 1-3239
12
26. Identify all disciplinary actions taken against any employees, independent
contractors or other persons relating in any manner to the incident of March 17, 2017 which is
the subject of the within action.
ANSWER:
27. Identify all contracts or agreements you had in place with any other Defendant
to this lawsuit as of March 17, 2017.
ANSWER:
28. Identify all contracts or agreements you had in place with any person or entity
as of March 17, 2017 relating in any manner to the premises located at 1276 W. 6th Street in
Cleveland, Ohio. (Note: This shall include the identity of all contracts or agreements you had
with persons or entities who are not currently Defendants to this lawsuit relating in any
manner to the management, maintenance or repair of the premises, providing security on the
premises, complying with building codes and/or state laws in the operation of the premises
and/or relating to specific parties or events held at the premises on March 17, 2017).
ANSWER:
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35 FLOOR
50 PUBLIC SQUARE
(216) 771-3239
13
Electronica ly Fi|ed 06/26/2017 11:26 / SERVICE / CV 17 882236 / Confirmation Nbr. 1103210 / CLDM2
29. Identify all persons holding parties or events on the premises at 1276 W. 6th Street
in Cleveland on March 17, 2017 and all contracts or written agreements relating thereto.
ANSWER;
30. Identify all citations or charges you received relating in any manner to the March
17, 2017 incident.
ANSWER:
31. Identify the current location of the railing(s) involved in the March 17, 2017
incident, along with the complete names, addresses and telephone numbers of the current
custodians of the railing(s).
ANSWER:
LAW OFFICES
BASH E1 N & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35 FLOOR
50 PUBLIC SQUARE
(216) 771-3239
14
Electronica'y Filed 06/26/2017 11:26 / SERVICE / CV 17 882236 / Confirmation Nbr. 1103210 / CLDM2
32. State whether you sold or provided Megan Keefe with any alcohol on March 17,
2017. If the answer is in the affirmative, describe each alcoholic beverage sold or served to her;
the time of each sale and/or service; and the name, address, and telephone number of the
person(s) who sold and/or served each alcoholic beverage to her.
ANSWER;
33. Identify all correspondence, communications, complaints and/or work orders

you, your employees, independent contractors and/or agents sent to or received from any of the
Defendants, their employees, independent contractors or anyone else (including any local, state
or federal employees or agents) between January 1, 2015 and March 17, 2017 relating in any
manner to the railing(s) at issue in this lawsuit or to any other problems or violations involving
the premises located at 1276 W. 6th Street in Cleveland, Ohio.
ANSWER;
Is/ W. Craig Bashein_ _ _ _ _ _ _ _ _ _

35 th Floor
Terminal Tower
50 Public Square
LAW OFFICES Cleveland, Ohio 44113
BASHEIN & BASHEIN
216-771-3239
TERMINAL TOWER
35 FLOOR cbashein@basheinlaw. com
50 PUBLIC SOUARE
CLEVELAND, OHIO 44JI3
(216) 771-3239
15
and
Is/ Stephen T. Keefe, Jr._ _ _ _ _ _ _ _

The Keefe Law Finn LLC
216-375-0155
keefe@keefelawfinn.com
and
Is/ Kevin M, Spellacv_ _ _ _ _ _ _ _ _

216-344-9220
ksnell@mghslaw.com
and
Is/ John J. Spellacv_ _ _ _ _ _ _ _ _ _

216-241-0520
i spellacv@spellacvlaw.com
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35th FLOOR
50 PUBLIC SQUARE
(216) 771-3239
16

)
Plaintiffs ) JUDGE
vs. )
) PLAINTIFFS FIRST SET OF
Warehouse Entertainment Group, LLC, et al., ) INTERROGATORIES DIRECTED TO
) DEFENDANTS THEDALAD GROUP AND
Defendants ) WD DOWNTOWN, LTD.
)
)
)
)
)
)
)
Each of the foregoing Defendants will please take notice that, pursuant to Rule 33 of
the Ohio Rules of Civil Procedure, the undersigned demands service, within twenty-eight (28)
days, of each of your separate answers to the following Interrogatories under oath, which shall
be deemed continuing oursuant 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.
(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
LAW OFFICES knowledge of party's officers, agents, representatives, employees, affiliates and attorneys.
BASHEIN &BASHEIN
CO., L.P.A.
TERMINAL TOWER
35TH FLOOR
50 PUBLIC SQUARE
(216) 771-3239
Electronica ly Filed .06/26/2017 11:26 / SERVICE / CV 17 882236 / Confirmation Nbr. 1103210 / CLDM2
(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
considered a failure to provide an answer.
(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,
LAW OFFICES revision, all electronically-stored information, and any other document as defined in Rule 34 of
BASHEIN & BASHEIN
CO., L.P.A.
TERMINAL TOWER
35 FLOOR
50 PUBLIC SQUARE
(216) 771-3239
(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.
LAW OFFICES (k) In the event the party to whom these interrogatories are addressed does not know the
BASHEIN & BASHEIN
CO., L.P.A.
TERMINAL TOWER
complete answer to an interrogatory but does know how the requested information might
35TH FLOOR
50 PUBLIC SOUARE
(216) 771-3239
possibly be obtained, the party shall set forth such secondary knowledge in full and with
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 by full name and address all persons or entities who assisted in, or
provided information to assist you in any manner with, answering Plaintiffs Interrogatories or
Requests for Production of Documents.
ANSWER;
2. If you are a corporation or other type of business entity, identify what type of
corporation or other business entity you are, your full legal name and address for your principal
place of business, and the names and addresses of your officers, directors, members, partners or
limited partners.
ANSWER;
3. For each affirmative defense you are asserting in your Answer to the Complaint
or to any cross-claims asserted against you by any other party to this lawsuit, state the facts,
witnesses and documents upon which you rely for each affirmative defense.
LAW OFFICES
ANSWER;
BASHEIN & BASH El N
CO., L.P.A.
TERMINAL TOWER
35TH FLOOR
50 PUBLIC SQUARE
(216) 771-3239
Electronica lly Fi|ed 06/26/2017 11:26 / SERVICE / CV 17 882236 / Confirmation Nbr. 1103210 / CLDM2
4. Identify all liability insurance policies (including all primary, underlying,
umbrella, excess, self-insurance, commercial general liability, officers and directors, errors and
omissions and any other type of liability insurance policies) under which you, any of your
affiliated entities, or any of your officers, directors, members, partners, employees, independent
contractors and/or agents were insured or otherwise covered at any point between January 1,
2015 and March 17,2017.
ANSWER:
5. State whether there are any reservations of rights with respect to any of the
insurance coverages identified in response to the preceding Interrogatory and, if so, the basis
for any reservation of rights.
ANSWER:
6. Identify when the railing(s) at issue in this lawsuit was installed and by whom.
ANSWER:
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35TH FLOOR
50 PUBLIC SQUARE
(216) 771-3239
7. Identify by complete name and address all persons and/or entities you claim had
any responsibility for installing, inspecting, maintaining, servicing, repairing, replacing or
removing the railing(s) at issue in this lawsuit.
ANSWER:
8. State whether you or any of your employees or agents warned any lessee of the
premises located at 1276 W. 6th Street in Cleveland, Ohio or any of their employees or agents
about any problems, dangers or issues with the railing(s) at issue in this lawsuit.
ANSWER:
9. If your answer to the previous Interrogatory is in the affirmative in any respect,

identify the full content of all such warning(s) provided by you or your employees or agents,
the date(s) given, the identity of the person(s) giving such waming(s), and the identity of the
person(s) to whom such warnings were given.
ANSWER:
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35 FLOOR
50 PUBLIC SQUARE
(216) 77 1-3239
10. Identify by complete name and address all persons or entities you claim had any
responsibility for inspecting, servicing, maintaining, managing or repairing the premises
located at 1276 W. 6th Street in Cleveland, Ohio between January 1, 2015 and March 17, 2017.
ANSWER:
11. Identify the date on which you first obtained any ownership rights or interests in
the property located at 1276 W. 6th Street in Cleveland, Ohio that is the subject of this lawsuit
and all contracts or agreements under which you acquired those rights.
ANSWER:
12. Identify by full name, current address and job title all of your officers, directors,
members, partners, employees, independent contractors and/or agents involved in any manner
with obtaining ownership rights or interests in the property located at 1276 W. 6th Street in
Cleveland, Ohio.
ANSWER:
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35 FLOOR
50 PUBLIC SQUARE
(216) 771-3239
7 .
13. Identify the.date(s) on which you and/or any persons or entities affiliated with
you sold or leased any part of the premises located at 1276 W. 6th Street in Cleveland, Ohio to
any of the Defendants named in this lawsuit or to any of their affiliated persons or entities.
ANSWER:
14. Identify by full name, current address and job title all of your officers, directors,
members, partners, employees, independent contractors and/or agents involved in any manner
with selling or leasing any part of the premises located at 1276 W. 6th Street in Cleveland, Ohio
to any of the Defendants named in this lawsuit and/or to their related persons or entities.
ANSWER:
before and as of March 17,2017 relating in any manner to the premises located at 1276 W. 6th
Street in Cleveland, Ohio, including the identity of all other persons or entities involved in
those contracts or agreements. [Note: This shall include, but not be limited to, the identity of
all contracts or agreements in place with any of the Defendants named in this lawsuit or
anyone else relating to the ownership, purchase, sale, leasing, management, maintenance,
control and/or security of the premises involved in this lawsuit located at 1276 W. 6th Street in
Cleveland, Ohio].
ANSWER:
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35 FLOOR
50 PUBLIC SQUARE
CLEVELAND, OHIO 44H3
(216) 771-3239
16. State the names, addresses, and telephone numbers of all of your employees,
independent contractors, agents, maintenance individuals, custodial crew, and/or other persons
who installed, inspected, examined, serviced, maintained, repaired or replaced the railing(s) at
issue in this litigation at any point between January 1, 2010 and the present date, along with the
identity of their employer(s) if unaffiliated with you.
ANSWER:
17. For each individual or entity identified in response to Interrogatory No. 16, state
the specific date(s) and time(s) each of them installed, inspected, examined, serviced,
maintained, repaired or replaced the railing(s) at issue in this lawsuit.
ANSWER:
18. Identify all correspondence, communications, complaints and/or work orders

you, your employees, independent contractors and/or agents sent to or received from any of the
Defendants, their employees, independent contractors or anyone else (including any local, state
or federal employees or agents) between January 1, 2015 and March 17, 2017 relating in any
manner to the railing(s) at issue in this lawsuit or to any other problems or violations involving
the premises located at 1276 W. 6th Street in Cleveland, Ohio.
ANSWER:
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35 FLOOR
50 PUBLIC SQUARE
(216) 771-3239
independent contractors, agents, security personnel, property managers, maintenance workers,
custodial crew and/or other persons affiliated with you or any of your affiliated entities who
were on the premises at 1276 W. 6th Street, Cleveland, Ohio at any point on March 17, 2017.
ANSWER:
independent contractors, agents, security personnel, property managers, maintenance workers,
custodial crew and/or other persons affiliated with you or any of your affiliated entities who
had any responsibility for managing, maintaining or repairing any part of the premises located
at 1276 W. 6th Street, Cleveland, Ohio.
ANSWER:
21. If you or anyone acting on your behalf obtained statements in any form from any
persons regarding any of the events or happenings occurring at 1276 W. 6th Street in Cleveland,
Ohio on March 17, 2017, including before, at the time of, or after the incident at issue in this
lawsuit occurred, state the names and address(es) of all person(s) from whom any such
statements were taken and the names and addresses of the person(s) who took all such
statements.
ANSWER:
LAW OFFICES
BASHEIN & BASH El N

CO., L.P.A.
TERMINAL TOWER
35 FLOOR
50 PUBLIC SQUARE
(216) 771-3239
10
22. Identify by full name and address all building, safety, security or other
consultants you consulted and/or contracted with before or after selling or leasing the premises
located at 1276 W. 6th Street in Cleveland, Ohio to comply with all applicable local, state and
federal laws and building codes relating in any manner to the construction, sale, leasing,
maintenance, repair and/or replacement of the premises or any portion of the premises.
ANSWER:
23. Identify all inspections conducted of the premises located at 1276 W. 6th Street
in Cleveland, Ohio between 2010 and the present date, including the full name(s) and
address(es) of all persons and/or entities conducting such inspections, the date(s) on which all
such inspection(s) took place, and the complete results of all such inspections.
ANSWER:
24. If you or anyone else acting on your behalf inspected or performed testing on the
railing(s) at issue in this lawsuit before or after the March 17, 2017 incident, state the name(s)
of the individual(s) or entity(ies) conducting such inspections) and/or testing, along with all of
their results, opinions and conclusions.
ANSWER:
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35TH FLOOR
50 PUBLIC SQUARE
CLEVELAND, OHIO 44M3
(216) 771-3239
11
25. Identify all photographs or videotapes of the premises you or anyone acting on
your behalf took of the premises before the incident, during the incident, or following the
incident that is the subiect of this lawsuit. rNote: This shall include the identification of the
number of video or digital cameras and their location on the premises, the number of
photographs or videos taken, the dates when they were taken, by whom they were taken, the
subject matter depicted in each, and the name, address, and title of the person(s) who has
custody of them].
ANSWER:
26. State the full name and last known address and telephone number of every
person known to you to have any knowledge regarding the facts or circumstances of the March
17, 2017 incident which is the subject matter of this litigation, including but not limited to
eyewitnesses to the incident; employees, independent contractors and/or patrons present when
it happened; persons who were familiar with the operation and/or installation, inspection,
maintenance, servicing, repair, replacement and/or removal of the railing(s) and/or area
involved in the incident; and persons who communicated or interacted with any reporting or
investigating agency or department relating in any manner to the incident involving Plaintiff
Megan Keefe and/or the railing(s) or surrounding area involved.
ANSWER:
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35TH FLOOR
50 PUBLIC SQUARE
(216) 77 1-3239
12
27. State the names, addresses and telephone numbers of all employees,
independent contractors and/or other persons or entities who had knowledge regarding the
condition of the railing(s) at issue in this lawsuit prior to March 17, 2017 or of injuries
occurring before or after March 17, 2017 relating in any manner to the railing(s) or any other
condition of the premises located at 1276 W. 6th Street in Cleveland, Ohio.
ANSWER:
28. If you or any other Defendant made any changes or modifications to any
policies, procedures, rules, regulations, policy manuals, equipment, or the premises (including
the upper level railing(s)) following the March 17, 2017 incident, identify each change or
modification, the date each was implemented, why each was implemented, and the identity of
the person(s) who authorized and implemented each such change or modification.
ANSWER:
29. Identify all disciplinary actions taken against any employees, independent
contractors or other persons relating in any manner to the incident of March 17, 2017 which is
ANSWER:
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35 FLOOR
50 PUBLIC SQUARE
(216) 771-3239
13
30. Identify all contracts or agreements you had in place with any other Defendant
to this lawsuit as of March 17, 2017 relating in any manner to the premises located at 1276 W.
6th Street in Cleveland, Ohio.
ANSWER:
as of March 17, 2017 relating in any manner to the premises located at 1276 W. 6th Street in
Cleveland, Ohio. [Note: This shall include all agreements and/or contracts with persons who
are not currently Defendants to this lawsuit relating in any manner to the maintenance or
repair of the premises, providing security on the premises, or complying with building codes
and/or state laws in connection with the ownership, sale or leasing of the premises],
ANSWER:
32. Identify all citations, violations and/or charges you have received pertaining to the
premises located at 1276 W. 6th Street in Cleveland, Ohio at any time during your ownership of
the premises.
ANSWER:
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35 FLOOR
50 PUBLIC SQUARE
(216) 77 1-3239
14
33. Identify all citations, violations and/or charges you received relating in any
manner to the March 17, 2017 incident.
ANSWER:
34. Identify the current location of the railing(s) involved in the March 17, 2017
incident, along with the complete names, addresses and telephone numbers of the current
custodians of the railing(s).
ANSWER:
Is! W. Craig Bashein_ _ _ _ _ _ _ _ _ _

35 th Floor
Terminal Tower
50 Public Square
LAW OFFICES
216-771-3239
BASHEIN & BASHEIN
CO,, L.P.A.
TERMINAL TOWER cbashein@basheinlaw, com
35 FLOOR
50 PUBLIC SQUARE
(216) 771-3239
15
and
/s/ Stephen T. Keefe. Jr._ _ _ _ _ _ _ _

216-375-0155
keefe@keefelawfirm.com
and
/s/ Kevin M. Spellacy_ _ _ _ _ _ _ _ _

216-344-9220
kspell@mghslaw.com
and
/s/ John J. Spellacy_ _ _ _ _ _ _ _ _

216-241-0520
ispellacy@spellacvlaw.com
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35 FLOOR
50 PUBLIC SQUARE
(216) 771-3239
16

)
Plaintiffs ) JUDGE
vs. )
) PLAINTIFFS FIRST REQUEST FOR
Spirits, et al., ) PRODUCTION OF DOCUMENTS
) PROPOUNDED UPONALL
Defendants. ) DEFENDANTS
)
)
)
Plaintiffs, Megan Keefe, et al., by and through their counsel of record, and pursuant to
Rule 34 of the Ohio Rules of Civil Procedure, request the following items to be separately
produced by all of the separately named Defendants to Plaintiffs 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.
(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,
LAW OFFICES
BASHEIN & BASHEIN location or form, including, but not limited to, any agenda, agreement, announcement, book,
CO., L.P.A.
TERMINAL TOWER
35 FLOOR brochure, bulletin, cable, calendar or calendar entry, chart, check, communication, contract,
50 PUBLIC SQUARE
(216) 771-3239
revision, all electronically-stored information, and any other document as defined in Rule 34 of
(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
LAW OFFICES respond in writing pursuant to the Ohio Rules of Civil Procedure. If for any reason, the parties
BASHEIN & BASHEIN
CO., L.P.A.
TERMINAL TOWER
to whom this request is addressed shall withhold or refuse to produce any of the requested
35 FLOOR
50 PUBLIC SQUARE
(216) 771-3239
documents on the basis of a claim of privilege or confidentiality, the documents should be
itemized in a Privilege Log so that both the basis and legitimacy of the claims can be
determined and appropriate challenges, if necessary, to the decision to withhold production of
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. All documents, exhibits, demonstrative evidence and other things you intend to
use as real and/or demonstrative evidence at any arbitration, hearing, deposition,
or trial in this matter.
2. All documents relating to the identity, address, telephone numbers, background,

qualifications, and resumes of all employees, subcontracted employees,
independent contractors and other agents working at Spirits on March 17, 2017,
including for all owners, managers, bartenders, servers, kitchen staff, bus help,
bouncers, security personnel, off-duty Cleveland Police Officers and anyone
else working on the premises on that date.
3. All of your policies, procedures, protocols, safety rules, guidelines, employee

manuals and other related documents in effect prior to and on March 17, 2017
relating in any manner to the ownership, management, leasing, subleasing,
LAW OFFICES maintenance, servicing, repair or operation of the premises located at 1276 W.
BASHEIN & BASHEIN 6th Street in Cleveland, Ohio, including all such documents relating to the
CO., L.P.A.
TERMINAL TOWER
business operations and activities conducted on the premises at that time.
35 FLOOR
SO PUBLIC SQUARE
(216) 771-3239
4. All modifications or changes made to any of your policies, procedures,
protocols, safety rules, guidelines, employee manuals and other related
documents after March 17, 2017, along with all documents showing the reasons
for all modifications or changes.
5. All documents relating to any disciplinary or corrective actions, write-ups or

action plans for any employee, subcontracted employee, independent contractor
or agent of yours relating in any manner to the March 17, 2017 incident or to the
condition of any part of the premises on that date.
6. All documents and communications, including but not limited to including all
policies, procedures, protocols, safety rules, guidelines, employee manuals,
memorandums and notices, relating in any manner to Spirits business
operations and activities held on St. Patricks Day, March 17,2017.
7. All documents showing all modifications of changes made to any of the

foregoing after the March 17, 2017 incident at issue in this lawsuit.
8. All photographs, video, audio and digital recordings taken inside or outside
Spirits premises at any time on March 17, 2017.
9. All photographs, video, audio and digital recordings taken inside or outside
Spirits premises between January 2015 and the present date.
10. To the extent not already produced, all documents identifying and relating to all
employees, subcontracted employees, independent contractors, security
personnel, off-duty police officers, maintenance workers, custodial crew and
other agents or persons who worked at Spirits located at 1276 W. 6th Street,
11. All documents and diagrams showing the physical placement and/or location of
all employees, subcontracted employees, independent contractors, security
personnel, off-duty police officers, maintenance workers, custodial crew and
other agents or persons working at Spirits at the time of the incident on March
17,2017.
12. All documents relating to any inspections, tests, repairs, replacement, removal or
modifications to the railing(s), granite counter, or any other part of the scene of
this incident described in Plaintiffs Complaint after it happened.
13. All incident reports, accident reports, witness statements or any other documents
LAW OFFICES relating to the incident which is the subject of the within action.
BASHEIN & BASHEIN
GO., L.P.A.
TERMINAL TOWER
35TH FLOOR
50 PUBLIC SQUARE
(216) 77 1-3239
14. All documents and communications, including all citations, administrative
charges, civil or criminal charges, corrective action plans, correspondence,
witness statements, affidavits, memoranda and any other type of documents or
communications, relating to any investigations of or into the incident which is
15. All purchase orders, invoices, work orders, requests for repairs and other
documents and communications relating to the railing(s) at issue in this lawsuit,
including but not limited to their installation, servicing, maintenance, repair,
replacement or removal at any time.
16. To the extent not already produced, complete copies of all correspondence or
communications in any format sent or received by you between January 2015
and March 17, 2017 relating in any manner to the railing(s) at issue in this
lawsuit, including correspondence or communications relating to their condition
or requests to maintain, service, repair, replace or remove them.
17. Copies of all insurance policies and declarations pages which cover or may
cover all or part of any settlement or verdict obtained in this lawsuit against you
or any of your affiliated businesses, entities, officers, directors, members,
partners, employees, independent contractors and/or agents. (Note: This includes
all primary, underlying, umbrella, excess, self-insurance, commercial general
liability, officers and directors, errors and omissions and any other type of
liability insurance policies in effect as of March 17, 2017).
18. To the extent not already produced, all documents and communications relating
in any manner to any St. Patricks Day or other parties or events held on the 1st
or 2nd floor at 1276 W. 6th Street in Cleveland, Ohio on March 17, 2017,
including all contracts, marketing, advertising, promotional materials, social
media, emails, correspondence, invoices, receipts and other documents and
communications relating to the same.
19. All contracts, agreements and communications with any person(s) or entities
hosting or holding parties or events on the 1st or 2nd floor at 1276 W. 6th Street in
20. All documents and communications sent or received by you, your employees,
independent contractors or agents, including all emails, text messages, social
media postings, voicemail recordings, and other documents and
communications, relating to the March 17, 2017 incident which is the subject of
the within action.
LAW OFFICES 21. For the years 2016 and 2017, all organizational charts, personnel listings and
BASHEIN & BASHEIN other documents showing all names, positions, titles and reporting relationships
CO., L.P.A.
TERMINAL TOWER
of your ownership, management, employees, independent contractors and
35TH FLOOR agents, including for all of your owners, officers, directors, members, partners,
50 PUBLIC SOUARE
CLEVELAND, OHIO 441*3
(216) 771-3239
managers, employees, independent contractors and agents.
22. All training documents prepared, used or sent or received by you relating or
referring in any manner to the ownership, management or operation of the
premises located at 1276 W. 6th Street in Cleveland, Ohio. (Note: For corporate
Defendants, this includes the production of all documents used to train your
employees, independent contractors and/or agents in your business operations;
for individual Defendants, this includes all training documents you received
from any Defendant named in this lawsuit or their affiliated entities or persons
relating in any manner to your job responsibilities or functions).
23. All documents relating or referring to any inspection(s) of the premises located
at 1276 W. 6th Street in Cleveland, Ohio by anyone between January 2010 and
the present date.
24. To the extent not already produced, all documents and communications,
including all minutes, notes, attendance sheets, handouts, manuals and any other
documents or communications provided by or to you relating to the St. Patricks
Day events to be held on the premises on March 17, 2017 or relating to the
incident occurring on that date which is the subject of the within action.
25. All documents relating or referring to all training provided to or received by

your employees, including Defendant Nicholas Paul Urso, relating in any
manner to the sale or service of alcohol or any other aspect of the business
operations and activities you were conducting on March 17, 2017.
26. All documents relating or referring to all training provided to or received by

your employees, including Defendant Nicholas Paul Urso, relating in any
manner to employee and/or patron safety or security on the premises, including
the provision of first aid to injured employees or patrons.
27. To the extent not already produced, complete copies of all minutes, notes,
attendance sheets, handouts, and other documents for all management and/or
employee meetings held at Spirits before, on or after March 17, 2017 relating in
any manner to employee and/or patron safety, security on the premises, St.
Patricks Day and/or other holiday events or the sale or service of alcohol.
28. Produce current Curriculum Vitae and all reports outlining all opinions and the
basis for those opinions for each expert witness you intend to use in motion
practice and/or at the trial or arbitration of this matter.
29. Produce all documents, information and/or things which any of your experts
LAW OFFICES have relied on in support of his or her opinions in this matter.
BASHEIN & BASHEIN
CO., L.P.A.
TERMINAL TOWER
30. Produce all documents, information and/or things which any of your experts
35 FLOOR received, reviewed or sent, in this matter, including all correspondence,
50 PUBLIC SQUARE
(216) 771-3239
memoranda, reports, statements, depositions, notes and any other documents or
recordings.
31. Produce a copy of all publications, printed materials, learned treatises, or other
documents or electronically stored information that you, your counsel or your
experts intend to cite or rely on at trial or arbitration as reliable authorities.
32. To the extent not already produced, all documents, correspondence, contacts,
reports and/or communications between you and any other person or entity
(other than your attorneys) relating in any manner to the March 17, 2017
incident at issue in this lawsuit.
33. All documents, including but not limited to all contracts, reports,
correspondence, communications, notices, recommendations, opinions, and/or
conclusions, prepared by any security consultants or contractors you consulted
with, contracted with or employed at any time relating to the premises located at
1276 W. 6th Street in Cleveland, Ohio or your business operations conducted
with respect to those premises.
34. To the extent not already produced, all documents and communications,
including but not limited to all contracts, agreements, invoices, purchase orders,
work orders, emails, letters, billing statements, estimates, repair estimates,
charges and any other documents and communications between January 1, 2010
and the present relating in any manner to the installation, inspection,
maintenance, servicing, repair, replacement and/or removal of the railing(s)
and/or any other area of the premises involved in the incident at issue in this
lawsuit.
35. All contracts and agreements between you and any other Defendant named in
this lawsuit.
36. All contracts or agreements, including alladdendums, amendments,

endorsements and related documents, relating to the ownership, lease, rental or
use of the premises located at 1276 W. 6th Street in Cleveland, Ohio in effect as
of March 17, 2017.
37. All photographs and video recordings taken by or provided to you of the
premises located at 1276 W. 6th Street before you acquired any ownership or
property rights in the premises.
38. To the extent not produced above, all contracts, agreements and other
documents between you and any other person or entity, including those not
LAW OFFICES currently named as Defendants in this lawsuit, relating in any manner to the
BASHEIN & BASHEIN
CO., L.P.A.
ownership, sale, leasing, subleasing, rental, management, property management,
TERMINAL TOWER
maintenance, servicing or repair of the premises located at 1276 W. 6th Street in
35 FLOOR Cleveland, Ohio between January 2015 to the present.
50 PUBLIC SQUARE
(216) 771-3239
Electronics lly Filed 06/26/2017 11:26 / SERVICE / CV 17 882236 / Confirmation Nbr. 1103210 / CLDM2
39. To the extent not produced above, all contracts, agreements and other
documents relating to the provision of security on the premises located at 1276
W. 6th Street in Cleveland, Ohio at any point between January 2015 to the
present.
40. All documents identifying all alcohol sales at Spirits on March 17, 2017,
including all register tapes, credit card receipts, cash receipts, and house
charges.
41. Complete copies of all liquor permits held by you or any of your affiliated
persons or entities as of March 17, 2017.
42. Complete copies of all applications and other documents submitted to any
division or department of the State of Ohio to acquire or obtain any liquor
permits referenced above.
43. To the extent not already produced, complete copies of all training documents,
communications, materials and certificates you prepared or have received for
providing or attending training in the sale or service of alcohol.
44. To the extent not already produced, complete copies of all training documents,
communications, materials and certificates you prepared or have received for
providing or attending training in first aid.
45. To the extent not already produced, complete copies of all documents showing
the identity of all persons or entities who inspected the railing(s) or premises
located at 1276 W. 6th Street in Cleveland, Ohio before and after the March 17,
2017 incident, along with all of their findings, conclusions, opinions,
recommendations and reports.
46. For all corporate or business Defendants, complete copies of all of your
incorporation and/or governing documents, including all documents showing the
identity of your investors, shareholders, incorporators, owners, officers,
directors, partners, limited partners, members and statutory agents, both as of
March 17, 2017 and currently.
47. Produce a complete copy of all titles and property records relating to the
premises located at 1276 W. 6th Street in Cleveland, Ohio at issue in this lawsuit,
and all property ownership records relating to this property as of March 17, 2017
and currently.
LAW OFFICES 48. A complete copy of your personnel file(s) for Nicholas Paul Urso.
BASHEIN & BASHEIN
CO., L.P.A.
TERMINAL TOWER
49. A complete copy of all background checks performed by you or anyone else on
35 FLOOR Nicholas Paul Urso before hiring him as an employee, independent contractor,
50 PUBLIC SQUARE
(216) 771-3239
or agent.
50. A complete copy of your personnel file(s) for all management level employees
working at Spirits on March 17, 2017.
51. All documents showing any and all percentage rents, remuneration or profits
Defendants The Dalad Group, WD Downtown or any person or entity affiliated
with either of them received from any other Defendant relating to their business
operations or sales conducted at 1276 W. 6th Street in Cleveland, Ohio.
52. To the extent not already produced, complete copies of your board meeting
minutes between January 2015 and the present relating in any manner to the
premises located at 1276 W. 6th Street in Cleveland, Ohio.
53. To the extent not already produced, complete copies of all citations, violations or
charges you received relating in any manner to the March 17, 2017 incident or the
condition of the premises located at 1276 W. 6th Street in Cleveland, Ohio on that
date.
54. Produce all documents, information and/or things upon which you rely to
support your affirmative defenses.
55. All documents and records concerning any of your criminal felony convictions.
56. All documents or records concerning any of your misdemeanors involving

dishonesty.
57. All documents concerning any license suspension, cancellation, or revocation on

your part.
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
35 FLOOR
50 PUBLIC SQUARE
(216) 77 1-3239
Electronica lly Filed 06/26/2017 11:26 / SERVICE / CV 17 882236 / Confirmation Nbr. 1103210 / CLDM2
/s/ W. Craig Bashein_ _ _ _ _ _ _ _ _ _

35th Floor
Terminal Tower
50 Public Square
216-771-3239
cbashein@basheinlaw.com
and
/s/ Stephen T. Keefe. Jr._ _ _ _ _ _ _

216-375-0155
keefe@keefelawfirm.com
and
/s/ Kevin M. Spellacv_ _ _ _ _ _ _ _

216-344-9220
kspell@mghslaw. com
and
LAW OFFICES
BASHEIN & BASHEIN

CO., L.P.A.
TERMINAL TOWER
35 FLOOR
50 PUBLIC SQUARE
(216) 771-3239
10
Electronic ly Filed 06/26/2017 11:26 / SERVICE / CV 17 882236 / Confirmation Nbr. 1103210 / CLDM2
/s/ John J. Spellacv_ _ _ _ _ _ _ _ _
216-241-0520
i spellacv@snellacvlaw.com
LAW OFFICES
BASHEIN & BASH El N

CO., L.P.A.
TERMINAL TOWER
35TH FLOOR
50 PUBLIC SQUARE
(216) 771-3239
11

Warehouse Suit Filed by Keefe Family

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Warehouse Suit Filed by Keefe Family

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NAILAH K.

Court of Common Pleas

REQUEST FOR SERVICE

By: WILLIAM CRAIG BASHEIN 0034591

Confirmation Nbr. 1103210

BRIAN PATRICK KEEFE, SR., ETC., ET AL. CV 17 882236

BRIAN PATRICK KEEFE, SR., ) Case No.:

CLEVELAND, OHIO 44113

CLEVELAND, OHIO 44113

BASHEIN & BASHEIN

CLEVELAND, OHIO 44113

1. At all times mentioned herein, Defendants Warehouse Entertainment Group,

duties to business invitees and patrons, including Megan Nichole Keefe.

2. At all times mentioned herein, Defendants The Dalad Group, WD Downtown,

care to have the premises in a reasonably safe condition, among others.

relation to business invitees and patrons on the premises, among others.

4. At all relevant times mentioned herein, Defendant Nicholas Paul Urso

venturers, property managers, supervisors, employees, independent contractors or agents of one

(contractually, legally or otherwise) for: maintaining, servicing, repairing, replacing or removing

will be further developed in discovery and proven at the time of trial.

LAW OFFICES and/or party at this location.

which is permanent and debilitating in nature.

circumstances and based on her obvious condition due to the fall.

included removing of a portion of her skull to reduce intra-cranial pressure.

Estate of Megan Nichole Keefe, an Incompetent.

(Negligence and Premises Liability against Defendants Warehouse Entertainment

in Paragraphs 1 through 15 of this Complaint as if frilly rewritten herein.

Spirits in a reasonably safe condition so as to not unnecessarily or unreasonably expose them to

surrounding areas at issue in this lawsuit.

21. At all relevant times, Defendants individually and/or collectively, negligently

developed during discovery and proven at trial.

areas at issue in this lawsuit.

LAW OFFICES proven at trial.

reasonably be discovered by reasonable or customary observation by Megan or other business

surrounding areas were unsafe, dangerous or defective.

2017 incident described in this Complaint.

defective railing(s) at issue in this lawsuit.

31. As a direct and proximate result of the Defendants negligence as described

and which includes both economic and non-economic damages.

32. As a direct and proximate result of the Defendants negligence as described

herself and/or to perform life-sustaining activities.

33. As a direct and proximate result of Defendants negligence as described herein

rest of her life.

in a sum in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00).

in Paragraphs 1 through 35 of this Complaint as if fully rewritten herein.

which the premises was leased.

41. In addition, and/or in the alternative, Defendants The Dalad Group, WD

injuries described in this Complaint.

constitute negligence per se.

described in this Complaint.

employees and/or patrons, including Megan.

47. In addition, and/or in the alternative, Defendants The Dalad Group, WD

49. In addition, and/or in the alternative, Defendants The Dalad Group, WD

agency principles under Ohio law.

TERMINAL TOWER and non-economic damages.

and needs over her expected lifetime.

in a sum in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00).

(Additional Negligence Claims against Defendants Nicholas Paul Urso,

in Paragraphs 1 through 55 of this Complaint as if fully rewritten herein.

located below during the fall.

of Megans already catastrophic fall-related injuries and medical condition.

61. As a direct and proximate result of Defendants negligence and aforementioned

includes both economic and non-economic damages.