Adam Sapp Lawsuit Against Defendants Including Cleveland Browns WR Corey Coleman

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

December 29,2017 12:18
By: CRAIG T. WEINTRAUB 0040095
Confirmation Nbr. 1261543
ADAM SAPP CV 17 890977
vs.
Judge: PETER J. CORRIGAN
PINNACLE 701, LLC, ET AL
Pages Filed: 16
Electronically Filed 12/29/2017 12:18/ / CV 17 890977 / Confirmation Nbr. 1261543 / CLKMG

IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
ADAM SAPP ) CASE NO:

5955 RIDGEBURY BLVD. )
MAYFIELD HTS., OHIO 44124 ) JUDGE:
)
PLAINTIFF, )
)
)
) COMPLAINT WITH DISCOVERY
) (Jury Demand Endorsed Hereon)
vs. )
)
PINNACLE 701, LLC )
c/o STATUTORY AGENT )
JEFFREY C. MILLER )
1001 LAKESIDE AVE. )
SUITE 1200 )
CLEVELAND, OHIO 44113 )
)
)
AND )
)
CORAL MANAGEMENT CO. )
c/o STATUTORY AGENT )
PETER RUBIN )
13219 SHAKER SQUARE )
)
AND )
)
JARED Z. FLOYD )
10312 BERNARDIN CIRCLE )
DALLAS, TEXAS 75243 )
)
AND
)
JONATHAN COLEMAN )
2116 RAINS COUNTY ROAD )
FORNEY, TEXAS, 75126 )
Electronically Filed 12/29/2017 12:18 / / CV 17 890977 / Confirmation Nbr. 1261543 / CLKMG

AND )
)
COREY COLEMAN )
701 W. LAKESIDE AVE. )
)
)
AND )
)
JOHN DOE 1-3 )
NAMES AND ADDRESSES UNKNOWN )
)
AND )
)
JOHN DOE 4-6 )
NAMES AND ADDRESSES UNKNOWN )
)
DEFENDANTS. )
INTRODUCTION
Plaintiff, Adam Sapp, by and through counsel, Craig T. Weintraub, hereby sets forth his
Complaint for damages as a result of an assault while he was a guest of a tenant at Defendant
Pinnacle 701, LLC’s premises.
PARTIES
1. At all times mentioned herein, Plaintiff is a resident of Cuyahoga County, State of Ohio.
2. At all times mentioned herein, Defendant Pinnacle 701, LLC was and is a duly organized
corporation and/or business association recognized and existing under the laws of the State of
Ohio, and pursuant thereto, own and/or operate and/or manage a condominumum located at 701
W. Lakeside Avenue, Cleveland, Ohio known as the “Pinnacle” .
3. At all times mentioned herein, Defendant Coral Management Co. was and is a duly organized
corporation and/or business association recognized and existing under the laws of the State of
Ohio, and pursuant thereto, operates and/or manages the Pinnacle.
4. At all times mentioned herein, Defendant Jared Floyd was a guest of Defendant Corey

Coleman at the Pinnacle.
5. At all times mentioned herein, Defendant Jonathan Coleman was a guest at the Pinnacle and is
the brother of Defendant Corey Coleman.
6. At all times maentioned herein, Defendant Corey Coleman owns a condominium/apartment

and is a resident of the Pinnacle.
7. At all times mentioned herein, Defendants John Doe 1-3 whether singular or plural, are
officers, members, persons, employees, firms, corporations or other entities whose wrongful
conduct caused or contributed to the injuries and damages to the Plaintiff. These companies
provided management and security services and/or concierge services that were responsible for
the safety and security of the tenants and their guests at the Pinnacle. Plaintiff has been unable to
discover the names or locations of John Doe 1-3. The names of these parties will be substituted
by amendment when ascertained.
8. At all times mentioned herein , Defendants John Doe 4-6 are individuals whose wrongful
conduct caused or contributed to the injuries and damages to the Plaintiff and Plaintiff has been
unable to discover the names or locations of John Doe 4-6. The names of these parties will be
substituted by amendment when ascertained.
9. At all times mentioned herein, Defendants Pinnacle 701, LLC and Coral Management Co. and
John Doe 1-3 were responsible for the hiring, supervision, training, monitoring, procedures,
policies and guidelines for personnel to provide for the safety of the tenants and guests of the
Pinnacle.
10. At all times mentioned herein, Defendants Pinnacle 701, LLC and Coral Management Co.
and John Doe 1-3 are vicariously liable or otherwise liable for the negligent and tortious acts or
omissions of its agents, ostensible agents, servants, workmen and/or employees.
FACTUAL ALLEGATIONS
11. Plaintiff incorporates all of the statements and allegations contained in the foregoing as if
fully rewritten herein.
12. During the early morning of December 31, 2016 Plaintiff was an invited guest of an
I.
3 I

owner/tenant of a condominium/apartment at the Pinnacle.
13. At all times mentioned herein, Defendant Pinnacle 701, LLC, Coral Management Co., and
John Doe 1 -3 provided security/concierge services which included security officers at and within
the Pinnacle.
14. At all times mentioned herein Defendant John Doe security employees were acting as agents,
servants, work persons and /or employees of Defendant Pinnacle 701 LLC, Coral Management
Co. and John Doe 1-3 Security Company and within the scope of their authority and/or
employment.
15. The main lobby of the Pinnacle is a secured common area for all tenants and guests. Pinnacle
701, LLC and Coral Management Co. and John Does 1-3 placed a security/concierge desk in the
main lobby for the security and safety of their tenants and their guests. The security desk contains
a chair for the security officer and closed circuit monitors which allow security personnel to view
all floors of the Pinnacle and the adjacent garage. The Pinnacle elevators are located within
approximately ten feet of the security desk in the lobby.
16. At all times mentioned herein Plaintiff attended a New Year’s Eve party held by a friend in
the Pinnacle. Plaintiff entered into an elevator inside the Pinnacle with the intention of exiting
the building at the main lobby and common area of the Pinnacle so he could retrieve a cellphone
charger from his car. Plaintiff exited his friend’s apartment in the Pinnacle and entered an interior
Pinnacle elevator. He intended to immediately retrieve the charger and return to his friend’s
apartment in the Pinnacle and stay the night.
17. Plaintiff entered the elevator alone and was inside the elevator momentarily when Defendants
Floyd, Jonathan Coleman and John Does 4-6 entered the elevator from the floor where Defendant
Corey Coleman resides.
18. The individual Defendants addressed Plaintiff in a hostile manner inside the elevator. Once
the elevator reached the common area/main lobby of the Pinnacle the hostility increased.
Unfortunately for Plaintiff the security desk was unattended when the Defendants and Plaintiff
arrived at the lobby/common area.
19. Defendants Floyd, Jonathan Coleman and John Does 4-6 increased the verbal assault and
aggressiveness toward Plaintiff while the elevator door was open to the common area/lobby and
near the unattended security desk.

20. Defendants Floyd, Jonathan Coleman and John Does 4-6, without provocation, suddenly and
violently attacked Plaintiff at the elevator door. The violent barrage and assault moved from the
elevator to the unattended security desk.
21. Defendant Corey Coleman was notified about the violence in the lobby that included his
brother and friends. Corey Coleman ran down the steps from his floor to quickly get to the lobby.
When Corey Coleman arrived Plaintiff attempted to flee the lobby after the initial vicious attack.
However, Plaintiff was unable to flee to safety and get away from his attackers because
Defendants Floyd, Jonathan Coleman, Corey Coleman and John Does 4-6 pursued him.
Defendants Floyd, Jonathan Coleman, Cory Coleman and John Does 4-6 viciously attacked
Plaintiff again and knocked him unconscious.
22. Defendants Floyd, Jonathan Coleman, Corey Coleman and John Does 4-6 decided to pick up
Plaintiffs unconscious body off of the ground from inside the Pinnacle and within feet of the
unattended security desk and they carried Plaintiff into the adjacent connected garage.
Defendants dropped Plaintiff onto the concrete when a bystander observed this outrageous
conduct and screamed at them. Defendants Floyd, Jonathan Coleman, Corey Coleman and John
Does 4-6 ran from Plaintiff when they heard the scream directed at them. These Defendants left
Plaintiff in an unconscious bloody state on the concrete of the parking garage. The bystander
came to Plaintiffs aid and called for medical assistance and the Cleveland police.
23. As a direct and proximate result of the aforementioned conduct, Plaintiff suffered permanent
bodily injury, including a perforated eardrum, a concussion, and scarring, emotional and
psychological distress. Plaintiff has experienced and will continue to experience pain and
suffering and has incurred and will continue to incur medical expenses in the future.
COUNT ONE
(Assault)
24. Plaintiff incorporates all of the statements and allegations contained in the foregoing as is
25. At all times mentioned herein, Defendants Floyd, Jonathan Coleman, Corey Coleman, and
John Does 4-6 individually and/or collectively, attacked, assaulted and/or struck Plaintiff and
their conduct intended to cause harmful and/or offensive contact.

COUNT TWO
(Battery)
28. At all times mentioned herein, Defendants Floyd, Jonathan Coleman, Corey Coleman, and
John Does 4-6 individually and/or collectively, attacked, assaulted and struck Plaintiff, and their
acts constituted an offensive and unwanted touching of Plaintiff.
29. Plaintiff never consented to any such contact and Defendants did not have the right to touch
Plaintiff in such manner.
COUNT THREE
(Negligence /Premises Liability)
32. At all times mentioned herein Defendants 701 Pinnacle LLC, Coral Management Co. and
John Does 1-3 individually and/or collectively owed a duty to provide a safe environment to
Plaintiff and protect Plaintiff from criminal activity and violence. Defendants chose to place and
maintain a security desk in the common area/lobby of the Pinnacle where the assault occurred for
the safety and security of their tenants and guests.
33. Plaintiff was aggressively confronted, threatened and viciously assaulted in the lobby and
next to the unattended security desk. Throughout the aforementioned assault no security officers

were present nor came to the aide and/or rescue of Plaintiff. Defendants security personnel also
failed to intervene or call the Cleveland police before the Defendants viciously attacked Plaintiff.
34. At all times mentioned herein Defendants 701 Pinnacle, LLC, Coral Management Co., and
John Does 1-3 were negligent in their duties to provide for proper security at the security desk
which could have prevented the attack and assault on Plaintiff.
COUNT FOUR
Negligence Per Se
37. At all times mentioned herein Defendants, as owners/landlord of the Pinnacle were negligent
per se in violation of RC 5321.04(A)(3) in its duty as an owner/landlord to keep all common
areas in a safe condition. Defendants chose to have security in the common are of the building
where the assault occurred and Defendants knew, or in the exercise of ordinary care should have
known, that criminal activity could be a concern for tenants and guests.
r
COUNT FIVE
Negligent Security
II
40. Defendant John Doe 1-3 individually and/or collectively were selected and hired to provide
security at the Pinnacle on a 24 hour basis.

41. At all times mentioned herein any security provided by Defendants was done so in a
negligent manner. The security desk was unattended, security personnel was absent throughout
the entire event. Defendants were hired to provide security at the common area where the assault
occurred and Defendants knew, or in the exercise of ordinary care should have known, that
criminal activity could be a concern for tenants and guests.
42. As a direct and proximate result of the negligence, carelessness, gross negligence,
recklessness and negligent omissions of Defendant’s employees, Plaintiff suffered bodily injury,
permanent scarring, emotional and psychological distress, has experienced and will continue to
experience pain and suffering and has incurred and will continue to incur medical expenses in the
future.
COUNT SIX
Negligent Hiring, Training and Supervision
44. At all times mentioned herein Defendants, individually and/or collectively owed a duty to
provide a safe environment to Plaintiff who was a guest at the Pinnacle. Defendants elected to
establish and maintain a security desk in the common area/lobby of the Pinnacle for the safety
and security of their tenants and guests. The vicious attack occurred adjacent to the unattended
security desk and failed to keep the common area in a safe condition and protect Plaintiff from
criminal activity.
45. Defendants breached their duty to Plaintiff by failing to hire security personnel that were
properly trained, experienced, or otherwise competent to assure a safe environment within the
Pinnacle. Defendants also failed to monitor and assign a sufficient number of security officers
and/or personnel to provide for the safety and protection to any tenants and their guests at the
Pinnacle. The breach of duties created an unsafe condition at the Pinnacle for Plaintiff.

COUNT SEVEN
Intentional Infliction of Emotional Distress
48. Defendants intentionally caused severe emotional distress to Plaintiff by their willful,
wanton, negligent and reckless conduct which included but is not limited to savagely beating
Plaintiff which led to severe bodily injuries.
49. The actions of Defendants go well beyond all bounds of decency and were done with the
purpose of inflicting emotional distress and fear. The aforementioned conduct was so outrageous
in character and was so extreme in degree that a reasonable member of the community would
regard such conduct as outrageous, beyond all bounds of decency in a civilized society.
COUNT EIGHT
Negligent Infliction of Emotional Distress
52. Defendants negligently caused severe emotional distress to Plaintiff by their extremely
negligent actions and breach of a duty of care, including but not limited to a decision to savagely
attack Plaintiff which directly led to severe physical injuries.

COUNT TEN
Conspiracy
55. Defendants Floyd, Jonathan Coleman, Corey Coleman and John Does 4-6 had an
understanding and/or common plan to commit an assault and battery on Plaintiff.
56. Defendants Floyd, Jonathan Coleman, Corey Coleman and John Does 4-6 aided and abetted,
solicited, instigated, encouraged, condoned and/or participated in a decision to assault Plaintiff
and carry and drop his unconscious body onto concrete in a parking garage.
PUNITIVE DAMAGES
WHEREFORE, Plaintiff prays as follows:
1) . Judgment against Defendants, jointly and severally, for compensatory damages in a fair and
reasonable amount to be proven at trial in excess of $25,000.00, exclusive of interest and costs;
2) . Past mental and physical pain, suffering and inconvenience;
3) . Future mental and physical pain, suffering and inconvenience;
10

4) . Past medical expenses;
5) . Future medical expenses;
6) . Pre and Post judgment Interest;
7) . Attorney fees;
8) . Plaintiffs costs expended herein;
9) . Punitive Damages;
10) . Any and all other relief to which the Plaintiff may appear entitled.
RESPECTFULLY SUBMITTED,
/s/Craie T. Weintraub_ _ _ _ _ _ _ _ _
CRAIG T. WEINTRAUB (#0040095)
55 Public Square
Suite 1600
216-896-9090
cweintraub@hotmaiI.com
JURY DEMAND
Trial by jury is hereby demanded.
/s/ Craig T. Weintraub

CRAIG T. WEINTRAUB
11

IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
ADAM SAPP ) CASE NO:

)
PLAINTIFF, ) JUDGE
)
)
vs. ) PLAINTIFF’S FIRST REQUEST
) FOR PRODUCTION OF
) DOCUMENTS UPON ALL
PINNACLE 701, LLC, et al. ) DEFENDANTS
)
Defendants. )
Pursuant to Rule 34 of the Ohio Rules of Civil Procedure please provide the following
within (28) days. This request is deemed to be continuing insofar as if any of the above is
secured subsequent to the date herein for the production of same, said documents, photographs,
statements, reports, etc., are to be provided to Defendant's counsel within (28) days of receipt of
same. The period of time encompassed by these requests shall be from the date of the alleged
incident to the date of answering, unless otherwise indicated. This request is continuing up to and
at the time of trial.
DEFINITIONS
A, "You" or "your" refers to Plaintiff(s) herein and to all other persons acting or purporting to act
on behalf of Plaintiff(s), including agents and employees.
B. "Communications" shall mean all inquiries, discussions, conversations, negotiations,

agreements, understandings, meetings, telephone conversations, letters, correspondence, notes,
telegrams, telexes, advertisements, facsimiles, e-mail, or other forms of verbal and/or
communicative intercourse.
C. "Documents" shall mean all written or graphic matter of every kind or description,

however, produced or reproduced, whether draft or final, original or reproduction signed or
unsigned, and regardless of whether approved, signed, sent, received, redrafted, or executed,
including but not limited to: written communications, letters, correspondence, facsimiles, e-mail,
memoranda, minutes, notes, films, recordings, of any type, transcripts, contracts, agreements,
purchase or sales orders, memoranda of telephone conversations of personal conversations,
diaries, desk calendars, interoffice communications, reports, studies, bills, receipts, checks,
checkbooks, invoices, requisitions or material similar to any of the foregoing however
denominated, by whomever prepared, and to whomever addressed, which are in your possession,
custody or control or to which you have had or can obtain access.
D. "Persons" means an individual, corporation, partnership, trust, associations, company,

organization, or any form of a business or commercial entity.
E. "Identify" when used with respect to an individual, means to state (1) their name; (2)
business affiliation and official title and/or position; and (3) their last known residential and
business address.
F. "Identify" when used with respect to a document, means to state (1) the type of document (e.g.
letter, memorandum, hand-written note, facsimile, e-mail); (2) its date of origin or creation; (3)
its author and addressee; (4) its last known custodian or locations; and (5) a brief description of
its subject matter and size. In lieu of identifying any document(s), you may attach a copy of it to
your answer, indicating the question to which it is responsive.
G. "Identify" when used with respect to a company or other business entity, means to state, (1)
the company's legal name, any former names, and the name under which it trades or does
business (2) the address of its principal place of business; and (3) the identity of its chief
executive officer.
H. "Relate to" means consist of, refer to, reflect or be in any way logically connected with
the matter discussed.

REQUESTS FOR PRODUCTION
All Defendants are to produce all documents which refer, relate, pertain to, reflect or
constitute the following matters:
1. All videos from December 30 and 31, 2016 , audios, photos, written statements, incident
reports, and investigation materials concerning the incident described in the Complaint.
ANSWER:
2. Any and all documents defendant intends to introduce into arbitration, hearing,
deposition or trial of this matter.
ANSWER:
3. Identification of all employees and/or subcontracted employees on duty at

the Pinnacle on December 30, 2016 and December 31, 2016. Provide a copy
of the resume and employment application of the employees.
ANSWER:
4. All documents contained in the personnel file of the employees identified in

No. 3.
ANSWER:
5. Any type of personnel, administration or security manual that was provided

to James Dunkle, Jr. and other security personnel that was in general use by
the defendant Cellar at the time of the incident.
ANSWER:
6. Any and all documents provided by or on behalf of the Cellar to all

employees who are or were intended or designed to direct, aid, or assist
employees of the Cellar in managing the safety and security of patrons of the
Cellar.
ANSWER:

7. Any and all safety, security and policy manuals in effect December 30, 2016
including all modifications and/or adjustments made to the policies.
ANSWER:
8. Any and all documents related to disciplinary actions, write ups, or action
plans for any employee related to the within action.
ANSWER:
9. Any and all documents identifying the location and placement of employees
on December 30 and 31 2016.
ANSWER:
10. Copies of any policies and declarations pages regarding insurance which
may cover part of or all of any judgment or verdict obtained in the within
action.
ANSWER:
11. All internal email, communications, memos, notes, voicemails or document

related to the incident.
ANSWER:
12. A copy of all agreements pertaining to the selection and hiring of a security
company for the Pinnacle.
ANSWER:

13. A copy of all management agreements pertaining to the operation of the
Pinnacle.
ANSWER:
14. Documents relating to the training or instruction of security of tenants and

guests at the Pinnacle in effect on December 30, 2016.
ANSWER:
15. Any and all documents relating to any safety or security consultant or firm
who worked with, consulted or advised Defendant at any time pertaining to
the Pinnacle. This includes all contracts, correspondence, reports, emails,
recommendations, communications, notices and summaries.
ANSWER:
RESPECTFULLY SUBMITTED,
/s/Craig T. Weintraub
CRAIG T. WEINTRAUB (#0040095)
55 Public Square
Suite 1600
216-896-9090
cweintraub@hotmail.com

Adam Sapp Lawsuit Against Defendants Including Cleveland Browns WR Corey Coleman

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Adam Sapp Lawsuit Against Defendants Including Cleveland Browns WR Corey Coleman

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NAILAH K.

Court of Common Pleas

New Case Electronically Filed:

By: CRAIG T. WEINTRAUB 0040095

Confirmation Nbr. 1261543

ADAM SAPP CV 17 890977

Electronically Filed 12/29/2017 12:18/ / CV 17 890977 / Confirmation Nbr. 1261543 / CLKMG

ADAM SAPP ) CASE NO:

Electronically Filed 12/29/2017 12:18 / / CV 17 890977 / Confirmation Nbr. 1261543 / CLKMG

Electronically Filed 12/29/2017 12:18 / / CV 17 890977 / Confirmation Nbr. 1261543 / CLKMG

6. At all times maentioned herein, Defendant Corey Coleman owns a condominium/apartment

Electronically Filed 12/29/2017 12:18 / / CV 17 890977 / Confirmation Nbr. 1261543 / CLKMG

Electronically Filed 12/29/2017 12:18 / / CV 17 890977 / Confirmation Nbr. 1261543 / CLKMG

Electronically Filed 12/29/2017 12:18 / / CV 17 890977 / Confirmation Nbr. 1261543 / CLKMG

Electronically Filed 12/29/2017 12:18 / / CV 17 890977 / Confirmation Nbr. 1261543 / CLKMG

Electronically Filed 12/29/2017 12:18 / / CV 17 890977 / Confirmation Nbr. 1261543 / CLKMG

Electronically Filed 12/29/2017 12:18 / / CV 17 890977 / Confirmation Nbr. 1261543 / CLKMG

Electronically Filed 12/29/2017 12:18 / / CV 17 890977 / Confirmation Nbr. 1261543 / CLKMG

WHEREFORE, Plaintiff prays as follows:

Electronically Filed 12/29/2017 12:18 / / CV 17 890977 / Confirmation Nbr. 1261543 / CLKMG

Trial by jury is hereby demanded.

/s/ Craig T. Weintraub

Electronically Filed 12/29/2017 12:18 / / CV 17 890977 / Confirmation Nbr. 1261543 / CLKMG

ADAM SAPP ) CASE NO:

at the time of trial.

B. "Communications" shall mean all inquiries, discussions, conversations, negotiations,

Electronically Filed 12/29/2017 12:18 / / CV 17 890977 / Confirmation Nbr. 1261543 / CLKMG

D. "Persons" means an individual, corporation, partnership, trust, associations, company,

Electronically Filed 12/29/2017 12:18 / / CV 17 890977 / Confirmation Nbr. 1261543 / CLKMG

3. Identification of all employees and/or subcontracted employees on duty at

4. All documents contained in the personnel file of the employees identified in

5. Any type of personnel, administration or security manual that was provided

6. Any and all documents provided by or on behalf of the Cellar to all

Electronically Filed 12/29/2017 12:18 / / CV 17 890977 / Confirmation Nbr. 1261543 / CLKMG

11. All internal email, communications, memos, notes, voicemails or document

Electronically Filed 12/29/2017 12:18 / / CV 17 890977 / Confirmation Nbr. 1261543 / CLKMG

14. Documents relating to the training or instruction of security of tenants and

Electronically Filed 12/29/2017 12:18 / / CV 17 890977 / Confirmation Nbr. 1261543 / CLKMG

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