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Supreme Court 00 ^0Ohio Table of Contents MEMORANDUM IN SUPPORT OF JURISDICTION IN THE SUPREME COURT OF OHIO- - - Cheryl L. Swanson, 0 g-0786 Appellant, On Appeal from the Vinton County Court of Appeals, V. Fourth Appellate District Boy Scouts of America, et al., Court of Appeals Case No. 07CA663 Defendants-Appellees. MEMORANDUM IN SUPPORT OF JURISDICTION OF APPELLANT CHERYL L. SWANSON Cheryl Swanson, Pro Se PO Box 20061 Columbus, OH 43220 (614) 282-1231 COUNSEL FOR APPELLANT, Cheryl Swanson, Pro Se Theodore P. Mattis (0055229) Vorys, Sater, Seymour, and Pease LLP 52 East Gay Street P.O. Box 1008 Columbus, OH 43216-1008 Fax No. (614) 719-5031 (614) 464-6468 Tpmattis ,vssp . com COUNSEL FOR APPELLEES SUPREME COURT 00 ^0OHIO TABLE OF CONTENTS Page EXPLANATION OF WHY TI3IS CASE IS A CASE OF PUBLIC OR GREAT GENERAL INTEREST AND INVOLVES A SUBSTANTIAL CONSTITUTIONAL QUESTION AS TO THE RIGHTS OF DISABLED TRAMATIC BRAIN INJURED VICTIMS AND THE DISCRIMINATION OF FEMALES IN THE BSA........... 1 STATEMENT OF THE CASE AND FACTS .. ....................... 3 ARGUMENT IN SUPPORT OF PROPOSITIONS OF LAW..... 8 Proposition of Law No. I: American Disability Act 8 Proposition of Law No. H:Civ R 17 (B) due to a tramatic 8 Brain injury CONCLUSION .. ................................................................... 9 CERTIFICATE OF SERVICE ............................................ 10 APPENDIX Aoax. Page Opinion of the Fourth Appellate District Court of Appeals Vinton County (Apri12, 2008) 12 Judgment Entry of the Fourth AppeaRate District Court Of Appeals, Vinton County (April 2,2008) CASES 1 STATEMENT OF THE CASE AND FACTS This cause presents critical issues for the future of Disabled Tramatic Brain Injured Victims. I requested a jury trial for my case because of the extensive damage it has left to myself and others. According to Mc Graw v Canton Drop Forging & Manufacturing Co (5d) and Robinson v Cougar (3d), Denial of motion is not final appealable order for a motion for jury trial. A Neuropsychologist without medical degree not qualified to testify as to brain damage (Hicks v Cummings 6d). I finally am able to go to this specialist for determine the extent of the damages after 5 years of trying to get a doctor to evaluate the full damages of the TBI. "No just reason for delay" language insufficient by itself to case entry to be appealable - order not final order (Todd v Sailing (12D). Issac, Brant, Ledman & Teetor LLP were the attorneys representing the Boy Scouts of America at the time of my accident according to attachment 1 and they were the same attorneys that illegally evicted me out of my apartment. This is why Stephen Schmidt with Attomey General Dann office gave me $15,000 for my personal property damage putting my household items in storage. Jeffrey A Stankunas was an associate of Issac, Brant, Ledman & Teetor, LLP and he knew through the Civil Rights office that I had a claim and George Cronheim was the attorney who originally was representing me but withdrew after mediation did not work. I was without an attorney when I discovered that they were the same attonieys that represented BSA. Sam Baker is an attorney out of Cleveland whoalso tried to trick me about a settlement about illegal eviction because I was disabled whoalso tried to trick me about a settlement about illegal eviction because I was disabled due to my TBI. Vory, Sater, Seymour and Pease, LLP had attorneys monitoring me during my involvement with Vaud-Villities to evaluate the extent of my damages without having a medical degree. They are the attorneys representing the Boy Scouts of America that I am sueing. Peter Lusenhop also was an attorney with Vory, Sater, Seymour and Pease, LLP That was involved in this issue. Nonprofit corporations, liability for improper use of funds, judgment for plaintiff affinned (Chaplain Keiffer Post 1081 v Wayne County Veterans Assn (9d). The Boy Scouts of America have been using their funds to keep me afloat with their Alumni Association due to their knowledge of this accident. Two of the Boy Scouts of America commissioners were videotaping the accident and my son was taking pictures of the accident as it happened. Under the By Law of the Boy Scouts of America the supervisor is to be in control AT ALL TIMES OF AN ACTIVITY. Due to their neglect and creating the pocket of water that my foot went into that caused the blow to my head, and the director of the camp, Tom Tweedle, trying to trick me afterwards in signing a paper saying I was an employee of Boy Scouts of America after the accident, so I would be covered under Workman's Comp. The Boy Scouts pwposely destroyed the ground in which the property had the pocket of water, as seen in the pictures my son was taking. Their where numerous law enforcement officials, fire department, EMT, teachers and others trained in first aid and NOT ONE CALLED A medic. NOT ONE took me to the hospital. It wasn't until I've had extensive MRI's 3 (SIX), CAT scans (four at least), and numerous XRAYS that the reasons for my irratic behavior was apparent from the TBI. The Civil Rights commission did not want a hearing because the truth of the accident would have come out on television and the Boy Scouts did not want that. Under due process my ternunation of parental rights were violated as grounds, failure to provide court appointed psychiatric expert for indigent parent after six months After the divorce of 24 and'/z years of marriage that ended due to the change in my personality after the accident. (In re Brown (1d). My son lost the companionship as he once knew after the accident. He said he did not want "EAGLE SCOUT" that all he wanted was his mother back. According to Dr. Cook, I lost a part of my brain that will never come back. How do you put a price on that? Stephen Schmidt at the attorney general's office said my brain was worth $13 million and he asked how I came up with a figure of $2 billion. The Columbus Bar Association on April 19'h illegally escorted me out of their building when I tried to file charges against the lawyers involved and at the same time on the home telephone number is a record of the Attorneys office from Irving, Texas calling within 2 minutes after my arrival to the CBA office. I've had a tracking key stroke device put on my computer that the men at Best Buy ask me if I was a CIA agent with that device on my home computer. John R. Stevenson, Atty # 0023998 was disciplined (630 N>E> 2d 338) on December 7, 1992 and he is the attorney who represented my husband in our divorce and harassed me about my TBI and put it in writing as I previously first explained in my 4 original filing. My ex husband was a paralegal in the state of Virgina and also an employee of the State correctional facilities and took advantage of my accident. According to Clark, Perdue, Arnold & Scott - Holding the Wron gd oer legally accountable by Dale K Perdue, Esq., which I received a copy and took their class at a brain injury conference, on September 29, 2005, I re-read and re-read to absorb that the amount of damages and after all of these MRI's of my brain, the last one January 2007. I think that since I was protecting the children of BSA in the capacity as a volunteer that I should have been covered under The Victims of Crime Act (Ohio Revised Code 2930.04) and the Attorney General's Office should not have taken advantage of Me in any settlement without appointing me an attorney or someone to act on my behalf. According to Clark and Perdue, Brain Injury incompetence stops the running of the clock, if an guardian is appointed then the clock starts running again. No one wanted to appoint someone or help me because everyone knew they had screwed up from the beginning. The day that I discovered that I had to file a sherriff report in Vinton County, Homeland Security was there. And the sheriff's office did not want to take the report without me having an attorney which is a violation of my own rights. I went to numerous attorneys the first two years after my accident not know the extent of my TBI and none of the attorneys wanted to take on BSA. Pursuant to RC 2315.18(B)(2), the cap does not apply if the plaintiff has suffered (1) "permanent and substantial physical deformity, loss of use of a limb, or loss of a bodily organ system" or (2) "permanent physical functional injury that permanently prevents the injured person from being able to independently care for self and perform 5 life-sustaining activities." R.C. 2315.18(B)(3). A BRAIN IS THIS. In Morris v Savoy (1991), 61 Ohio St 3d 684, the court held a statue limiting non- economic damages in medical malpractice cases to $200,000.00 unconstitutional as in violation of the right to due process under both the state and federal constitutions. The damages cap does not apply to (1) claims against the state brought in the Court of Claims; (2) claims against a political subdivision under Chapter 2744. Economic loss is not capped RC 2315-18(B)(1). Non-Economic loss is defined as "Non-pecuniary harm that results from an injury or loss to person or property that is a subject of a torn action, including, but not limited to, Pain and suffering, loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training or education, disfigurement, mental anguish and any other intangible loss RC 2315.18 (A)(4).
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