Jessica Kemper Case Summary

I. INTRODUCTION

The Plaintiff, Jessica Kemper, was injured at a Toledo Mud Hens game when an intoxicated fan, Daniel Kolleng, hit Jessica Kemper with a small wooden bat. An employee of the Toledo Mud Hens served alcohol to Kolleng when he was already intoxicated. Jessica Kemper contends this motion is made upon the grounds that there are no genuine issues of material facts. Therefore, Jessica Kemper is entitled to judgment as matter of law on her claim. Jessica Kemper is seeking summary judgment in her favor on her claim that the Toledo Mud Hens acted negligently in violation of Ohio Revised Code 4399.18, The Ohio Dram Shop Act.

II. FACTS On September 10, 2015 the Plaintiff, Jessica Kemper, attended a Toledo Mud Hens game at Fifth Third Field with her two children, 10 year-old Jackson and 7 year-old Jillian (Kemper Dep. 3:3.) Jessica Kemper and her children were seated in section 110 (Kemper Dep. 3:26.) Between the sixth and seventh inning she was hit in the back of the head by a hard object, she fell forward and hit her shoulder on the seats in front of her (Kemper Dep. 4:34.) She was hit with a small wooden souvenir bat by Daniel Kolleng who was sitting a few rows back (Kemper Dep. 4:45.) Security approached her and helped her up (Kemper Dep. 5:11.) Security took her to first aid station, put a bandage on her head and

Defendant owed Jessica Kemper a duty of ordinary care and breached that duty by knowingly selling Kolleng alcohol while he was intoxicated on the Defendant’s premise. As a direct and proximate result of his intoxication Kolleng negligently threw a souvenir bat hitting Jessica Kemper causing her to suffer severe injuries requiring emergency medical care. She suffered pain, shock and anguish as a result of her injuries. The Defendant is liable for the actions of Kolleng pursuant to Ohio Revised Code section 4399.18. (COMPL.