A lawsuit surrounding an outdoor pizza oven on Grandview Avenue in Cleveland Heights began proceedings and heard opening statements at the Cuyahoga County Court of Common Pleas on Jan. 31.
The pizza oven is on the property of defendants Mary Lynne Newsome and Paul Schambs at 2289 Grandview Ave., an oven that plaintiffs Brooks and Mika Jones of 2299 Grandview Ave. claim in official filings has caused them “significant physical discomfort and emotional distress.”
According to the Jones’ original July 2021 lawsuit filing with the Cuyahoga County Court of Common Pleas by their attorney, Lee Chilcote, of Chilcote & Wright LLP in Cleveland Heights, their home is often within the path of the resulting smoke and has led to “coughing, sore throat, phlegm, headaches, burning eyes, dizziness, lightheadedness, fogginess, heart palpitations and sore lungs; the effects of the smoke and fumes last for a few days. Smoke odors linger on the Joneses’ clothing and hair and on their pets’ fur.”
Noting their home does not have central air conditioning and they frequently have their windows open, the smoke and fumes from the pizza oven “disrupt the Jones’ use and enjoyment of the Jones residence for cooking and eating, sitting and reading, sitting on their back porch and in their living room, exercise, and many other aspects” of their daily life, including their ability to host social and family gatherings in their home.
The lawsuit claims that Newsome and Schambs “owe” the Joneses a “duty to use and conduct their activities on the Newsome property in a reasonable manner,” since they first installed the pizza oven in May 2017.
The lawsuit also references several police reports and 911 calls that have been filed on both sides of the case.
Anticipating any future use of the pizza oven would cause them “significant physical discomfort, mental anguish and loss of use and enjoyment of their home and property,” the Joneses are seeking compensatory and punitive damages in excess of $25,000, preliminary and permanent injunctive relief abating the use of the oven, punitive damages in an amount to be determined during the trial, recovery of their attorneys’ fees, that Newsome and Schambs be charged with the costs of the action, and such other and further relief as is just and warranted.
Newsome and Schambs are represented by Samuel A. Meadows of Reminger Co. LPA in Cleveland.
Chilcote and Meadows did not respond to inquiries from the Cleveland Jewish News.
This is a developing story.