Updated Thu, Aug 15, 2013 7:58 am
The attorney for a woman seeking $1 million against her ex-husband, who allegedly shot at her in their home, is asking for a default judgment in a civil suit.
James Sillery, the attorney for Connie Lewis, filed a motion in Athens County Common Pleas Court against her now ex-husband, Jerry Lewis.
Jerry Lewis, 60, is charged in Athens County Common Pleas Court with felonious assault, theft and forgery. The prosecution alleges he shot his then-wife, Connie, in the abdomen while she slept in August of 2011. She survived the gunshot wound and later filed for divorce and also filed a civil lawsuit against Lewis for $1 million.
“Typically in a case like this, a default judgment has two parts,” Judge L. Alan Goldsberry said. “One part is if there is no answer to the lawsuit, which would lead to the request for a claim for liabilities.”
The default for liabilities would lead to a hearing in which the plaintiff, Connie Lewis in this case, would have to prove the amount of damages owed. The burden of the proof is on the plaintiff, Goldsberry said.
So far, Jerry Lewis has not filed an answer to the lawsuit, as far as Goldsberry was aware.
Sillery declined to comment on the case to The Messenger. No attorney is listed for Jerry Lewis in the civil suit.
In the motion for default judgment, filed by Sillery on July 30, the attorney states that Jerry Lewis was served with a copy of the summons and complaint by personal service on May 31.
“He has failed to plead or otherwise defend (as) provided by the Ohio Rules of Civil Procedure,” Sillery wrote.
A hearing is scheduled for Aug. 26 at 9 a.m., according to court documents.
A jury trial in the criminal case against Jerry Lewis is scheduled for Sept. 17.