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u0 IN THE COMMON PLEAS COURT OF GREENE COUNTY, OfflC) ; 

CIVIL DIVISION % 'v 

JERRY DAVIS 

1260 Beech Street 

Fairbom, Ohio 45324 

Case No.: 

Judge: fw 

Plaintiff, 

^ s \ £ 

vs. iL..^ "\.j 

ECOLAB, INC 

c/o Statutory Agent 

CT Corporation System 

4400 Easton Commons Way, Suite 125 

Columbus, Ohio 43219 

And 

JOHN DOE EMPLOYEE 

Name Unknown 

Address Unknown 

and 

OHIO BUREAU OF WORKERS' 

COMPENSATION 

30 West Spring Street 

Columbus, Ohio 43215 

COMPLAINT FOR 

PERSONAL INJURIES 

and 

OHIO DEPARTMENT OF MEDICAID 

c/o Robert J. Byrne, Esq. 

Ohio Attorney General 

Collection and Enforcement Section 

150 East Gay Street, 21st Floor 

Columbus, Ohio 43215 

Defendants. 

At all times relevant herein, Plaintiff, Jerry Davis, was a resident of Greene 

County, Ohio and working in the course and scope of his employment at Longhora Steakhouse, 

located at 2710 Towne Drive in the City of Beavercreek, Greene County, Ohio. 

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At all times relevant herein, Defendant, Ecolab, Inc., is a Delaware corporation 

doing business in Greene County, Ohio. 

Defendant, Ecolab, Inc., manufactures, sells and/or leases, installs, maintains, 

services, and repairs commercial dishwashers for use in restaurants. 

Plaintiff has been diligent in his efforts to ascertain the name and address of 

Defendant, John Doe Employee, but he has been unsuccessful. 

At all times relevant herein, Defendant, John Doe Employee, was an employee of 

Defendant, Ecolab, Inc., and he was acting in the course and scope of his employment and/or he 

was acting as an agent for Defendant, Ecolab, Inc. 

Defendant, Ecolab, Inc., is vicariously liable for the actions, inactions, and/or 

negligence of its employees and/or agents in general and Defendant, John Doe Employee, in 

particular under the doctrine of responeat superior. 

6. 

At some time prior to June 1, 2017, Defendant manufactured, installed, 

maintained, serviced and repaired a certain commercial dishwasher in use at the Longhom 

Steakhouse, located, at 2710 Towne Drive in the City of Beavercreelc, Greene County. 

As part of his job duties at Longhom Steakhouse, Plaintiff, Jerry Davis, was 

required to operate the Ecolab, Inc. commercial dishwasher. 

g 

On or about June 1, 2017, Plaintiff, Jerry Davis, while operating the commercial 

dishwasher in the course and scope of his employment with Longhom Steakhouse, sustained 

serious and permanent personal injuries as a direct result of the negligence of Defendants, 

Ecolab, Inc. and John Doe Employee. 

9 

FIRST CLAIM FOR RELIEF 

10. Plaintiff incorporates each and every allegation contained above as though fully 

rewritten herein. 

On or about March 5, 2017, Plaintiff, Jerry Davis, began his employment with the 

Longhom Steakhouse, located at 2710 Towne Drive in the City of Beavercreek, Greene County, 

and he was employed there through June 1, 2017. 

11. 

At some time prior to March 5, 2017, Defendant, Ecolab, Inc., provided a 

commercial dishwasher and installed it at the Longhom Steakhouse located at 2710 Towne Drive 

in the City of Beavercreek, Greene County. 

12. 

The Ecolab commercial dishwasher was installed at the Longhom Steakhouse by 

employees of Defendant, Ecolab, Inc., including Defendant, John Doe Employee. 

13. 

14. At all times during Plaintiff's term of employment with Longhom Steakhouse, the 

same Ecolab commercial dishwasher was in use. 

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After the Ecolab commercial dishwasher was installed at the Longhom 

Steakhouse, Defendant, Ecolab, Inc., provided periodic service, maintenance and repairs for the 

Ecolab commercial dishwasher performed by Defendant, Ecolab, Inc., employees including 

Defendant, John Doe Employee. 

15. 

In the days before June 1, 2017, employees of Defendant, Ecolab, Inc., including 

Defendant, John Doe Employee, were present at the Longhom Steakhouse located at 2710 

Towne Drive in the City of Beavercreek, Greene County to perform maintenance, repairs and/or 

service on the Echolab commercial dishwasher. 

16. 

Defendants, Ecolab, Inc. and John Doe Employee, were responsible for the 

service, maintenance and repairs for the Ecolab commercial dishwasher at the Longhom 

Steakhouse. 

17. 

Defendant, Ecolab, Inc., employees and/or Defendant, John Doe Employee, had a 

duty to perform service, maintenance and repairs for the Ecolab commercial dishwasher in a safe 

and workman like manner to prevent injuries to those operating the Ecolab commercial 

dishwasher in general and Plaintiff, Jerry Davis, in particular. 

18. 

Defendant, Ecolab, Inc., employees and/or Defendant, John Doe Employee, had a 

duty to perform service, maintenance and repairs for the Ecolab commercial dishwasher in a safe 

and workman like manner to prevent the Ecolab commercial dishwasher from malfunctioning 

and causing injuries to those operating Ecolab commercial dishwasher in general and Plaintiff, 

Jerry Davis, in particular. 

19. 

Defendant, Ecolab, Inc., employees and/or Defendant, John Doe Employee, had a 

duty to perform service, maintenance and repairs for the Ecolab commercial dishwasher in a safe 

and workman like manner to assure that that all safety features of the Ecolab commercial 

dishwasher were properly functioning to prevent injuries to those operating Ecolab commercial 

dishwasher in general and Plaintiff, Jeny Davis, in particular. 

20. 

Defendant, Ecolab, Inc., employees and/or Defendant, John Doe Employee, had a 

duty to perform service, maintenance and repairs for the Ecolab commercial dishwasher in a safe 

and workman like manner to assure that that all safety switches, including shut-off switches, of 

the Ecolab commercial dishwasher were properly functioning to prevent injuries to those 

operating Ecolab commercial dishwasher in general and Plaintiff, Jerry Davis, in particular. 

21. 

At all times relevant herein, Defendant, Ecolab, Inc., had a duty to train its 

employees in the proper methods of service, maintenance and repairs for the Ecolab commercial 

dishwasher in a safe and workman like manner to assure that that all safety features of the Ecolab 

commercial dishwasher were properly functioning. 

22. 

At all times relevant herein, Defendant, Ecolab, Inc., had a duty to supervise its 

employees while performing service, maintenance and repairs for the Ecolab commercial 

dishwasher in a safe and workman like manner to assure that that all safety features of the Ecolab 

commercial dishwasher were properly functioning. 

23. 

At all times relevant herein, Defendant, Ecolab, Inc., had a duty to inspect the 

service, maintenance and repairs performed by their employees to assure that that all safety 

24. 

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• features of the Ecolab commercial dishwasher were properly functioning. 

25. Defendants, Ecolab, Inc. and/or John Doe Employee, had a duty warn all users of 

the Ecolab, Inc. commercial dishwasher, including Plaintiff, Jerry Davis, of the dangers involved 

with the use of the machine. 

Defendant, Ecolab, Inc., employees and/or Defendant, John Doe Employee, were 

negligent for failing to perform service, maintenance and repairs for the Ecolab commercial 

dishwasher in a safe and workman like manner to prevent injuries to those operating the Ecolab 

commercial dishwasher in general and Plaintiff, Jerry Davis, in particular. 

26. 

Defendant, Ecolab, Inc., employees and/or Defendant, John Doe Employee, were 

negligent for failing to perform service, maintenance and repairs for the Ecolab commercial 

dishwasher in a safe and workman like manner to prevent the Ecolab commercial dishwasher 

from malfunctioning and causing injuries to those operating Ecolab commercial dishwasher in 

general and Plaintiff, Jerry Davis, in particular. 

27. 

Defendant, Ecolab, Inc., employees and/or Defendant, John Doe Employee, were 

negligent for failing to perform service, maintenance and repairs for the Ecolab commercial 

dishwasher in a safe and workman like manner to assure that that all safety features of the Ecolab 

commercial dishwasher were properly functioning to prevent injuries to those operating Ecolab 

commercial dishwasher in general and Plaintiff, Jerry Davis, in particular. 

28. 

Defendant, Ecolab, Inc., employees and/or Defendant, John Doe Employee, were 

negligent for failing to perform service, maintenance and repairs for the Ecolab commercial 

dishwasher in a safe and workman like manner to assure that that all safety switches, including 

shut-off switches, of the Ecolab commercial dishwasher were properly functioning to prevent 

injuries to those operating Ecolab commercial dishwasher in general and Plaintiff, Jerry Davis, in 

particular. 

29. 

At all times relevant herein, Defendant, Ecolab, Inc., was negligent for failing to 

train its employees in the methods of service, maintenance and repairs for the Ecolab commercial 

dishwasher in a safe and workman like manner to assure that that all safety features of the Ecolab 

commercial dishwasher were properly functioning. 

30. 

At all times relevant herein, Defendant, Ecolab, Inc., was negligent for failing to 

supervise its employees while performing service, maintenance and repairs for the Ecolab 

commercial dishwasher in a safe and workman like manner to assure that that all safety features 

of the Ecolab commercial dishwasher were properly functioning. 

31. 

32. At all times relevant herein, Defendant, Ecolab, Inc., was negligent for failing to 

inspect the service, maintenance and repairs performed by their employees to assure that that all 

safety features of the Ecolab commercial dishwasher were properly functioning. 

Defendants, Ecolab, Inc. and/or John Doe Employee, were negligent for failing to 

warn all users of the Ecolab, Inc. commercial dishwasher, including Plaintiff, Jerry Davis, of the 

dangers involved with the use of the machine. 

33. 

34. On June 1, 2017, Plaintiff, Jerry Davis, was performing his job duties atLonghom 

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• Steakhouse in Greene County, Ohio. 

Plaintiff's job duties with Longhom Steakhouse required that he operate the 

Ecolab commercial dishwasher. 

35. 

On or about June 1, 2017, as the proximate result of the negligence of Defendants 

Ecolab, Inc. and John Doe Employee, Plaintiff, Jerry Davis, sustained injuries and damages as 

follows: 

36. 

a. Severe and permanent injuries; 

Great pain and suffering both physical and emotional, and loss of ability to 

perform usual functions and will cause him farther pain and suffering and loss of 

ability to perform usual functions in the future; and 

Reasonable and necessary medical expenses in an amount not yet determined, as 

well as further medical expenses to be incurred in the future; 

c. 

Loss of wages and earnings in an amount not yet determined, as 

well as further loss of wages and earnings in the future; 

d. 

WHEREFORE, Plaintiff, Jerry Davis, demands judgment against Defendants, Ecolab, 

Inc. and John Doe Employee, jointly and severally, in an amount in excess of $25,000.00, plus 

interest, attorney fees and cost of this action. 

SECOND CLAIM FOR RELIEF 

37. Plaintiff incorporates each and every allegation contained First Claim for Relief as 

though fully rewritten herein. 

38. Defendant, Ohio Bureau of Workers Compensation, may have paid benefits on 

behalf of Plaintiff, Jerry Davis, in connection with the injuries as set forth in the First Claim for 

Relief. 

39. As a result, Defendant, Ohio Bureau of Workers Compensation, may have a 

vested interest in the within action as a result of its claim of subrogation, if one so exists. 

40. Defendant, Ohio Bureau of Workers Compensation, is being joined in this action 

to defend and protect its claim of subrogation, if one so exists. 

WHEREFORE, Plaintiff, Jerry Davis, demands that Defendant, Ohio Bureau of Workers 

Compensation, appear and represent its interest in the within action or be forever barred from 

pursuing its subrogation claim, if one so exists. 

THIRD CLAIM FOR RELIEF 

41. Plaintiff incorporates each and every allegation contained in the First, and Second 

Claims for Relief as though fully rewritten herein. 

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42. Defendant, Ohio Department of Medicaid, may have paid medical expenses on 

behalf of Plaintiffs in connection with the injuries as set forth in the First Claim for Relief. 

43. As a result. Defendant, Ohio Department of Medicaid, may have a vested interest 

in the within action as a result of its claim of subrogation, if one so exists. 

44. Defendant, Ohio Department of Medicaid, is being joined in this action to defend 

and protect its claim of subrogation, if one so exists. 

WHEREFORE, Plaintiff, Jerry Davis, demand that Defendant, Ohio Department of 

Medicaid, appear and represent its interest in the within action or be forever barred from 

pursuing its subrogation claim, if one so exists. 

Respectfully submitted, 

THE ATTKISSON LAW FIRM 

Kevin ^W. Xttkiss^rtT^sq. (0068707) 

Attorney for Plaintiff 

3033 Kettering Blvd., Suite 213 

Dayton, Ohio 45439 

Telephone: (937) 276-9700 

Fax: (937)276-9701 

E-mail: kattkisson@attkissonlawfirm.com 

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