Delivery driver files counter claim against Mahoning County Deputy Clerk in vehicular assault case

YOUNGSTOWN A delivery driver who was sued by Mahoning County Deputy Clerk of Courts Jennifer Ciccone is fighting back, filing a countersuit in the Mahoning County Court.

Ciccone originally sued delivery driver Timothy Lucas, as well as grocery store chain Giant Eagle in connection with an incident in July of 2023, when Ciccone claimed Lucas purposely hit her with his car twice while delivering a grocery order.

In Ciccone's original suit, it was alleged that Lucas had asked for Ciccone's driver's license because the order had alcohol in it. Ciccone said that she did not have her driver's license, but offered to provide other forms of identification that Lucas refused to look at.

However, Lucas alleges that Ciccone offered to have her husband Daniel Superak to sign for the order, but Lucas would not allow that because the order was in Ciccone's name.

Lucas went on to say that Ciccone began shouting that she is an attorney and her husband is a police officer, and that other drivers allowed her husband to sign for grocery orders several times before, but Lucas said he was not like the other drivers and was following Ohio law.

Lucas alleges that Ciccone, eventually handed him her passport and called him an expletive before he canceled the order because she disrespected him and would never deliver to her again.

From there, Lucas alleges that Ciccone said to Superak, "Arrest him, honey. I want him arrested."

According to the countersuit, Lucas tried to explain that he had the legal right to be on the property because he was delivering an order, but Superak allegedly said he was trespassing because he canceled the order and needed to leave.

Ciccone claimed that when Lucas tried to leave, she went behind his car to get his license plate information, but Lucas backed into her, pulled up five feet and backed into her again.

However, Lucas claimed that when he was trying to back out, Ciccone was hitting her arm on the top of his car and he told her to get away from the car so he could leave.

From there, Lucas says that when he tried to back up again, he felt "a motion of some kind," but Ciccone was not behind the car or on the ground like her original allegations said.

Lucas alleges that as soon as he stopped his car, Ciccone came running from the left side of the car yelling, "He hit me. He hit me, honey. Call the Police." 

According to the countersuit, Lucas was soon stopped by the Poland Township Police Department and arrested for failure to stop after a non-public road accident.

The countersuit states that Lucas never admitted to striking Ciccone, nor did he plead guilty to a felony offense, noting that all criminal charges were dismissed after Lucas completed a one-year diversion program.

Lucas is accusing Ciccone of making defamatory statements about him, which has caused harm to his reputation, emotional distress, economic losses and other damages. 

Lucas is demanding a trial by jury in this matter, along with $75,000 in damages plus punitive damages, attorney fees, pre and post-judgment interest and any other relief deemed appropriate.

Giant Eagle also responded to the suit stating that Lucas worked for Point Pick-Up, not Giant Eagle, and that Giant Eagle had nothing to do with hiring, training or supervision of Lucas, meaning that they would have no role in this case.

Giant Eagle asked to be dismissed from the case.

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