Paul, Linda Vs. Fern Realty Company, Llc Et Al

Opposition to Motion for New Trial filed by Fern Realty Company, LLC, Faxon Heights Realty Company, LLC, Belridge Realty Company, LLC, Iantosca Realty Company, LLC, D.A.I. Property Management Company, Inc.

Party(s) file Stipulation Applies To: Cerilli, Esq., Peter J (Attorney) on behalf of Paul, Linda (Plaintiff); Cosgrove, Esq., Martin S (Attorney) on behalf of D.A.I. Property Management Company, Inc. (Defendant)

Plaintiff Linda Paul's Request for Examination of Jurors

Verdict of jury for party Applies To: Fern Realty Company, LLC (Defendant); Faxon Heights Realty Company, LLC (Defendant); Belridge Realty Company, LLC (Defendant); Iantosca Realty Company, LLC (Defendant); D.A.I. Property Management Company, Inc. (Defendant)

Endorsement on motion for new trial (#54.0): DENIED The evidence and issues in this matter were uncomplicated. The issue was whether the defendants were negligent regarding a speed bump in a shopping plaza, and whether such negligence, if any, caused injury to the plaintiff when she tripped and fell on the speed bump. The defendants alleged comparative negligence of the plaintiff. Among the evidence was the differing opinion testimony of an expert witnesses for the Plaintiff and Defendant regarding issues of speed bumps. The verdict reflected a jury deliberation that determined the credibility of the evidence and the greater weight of the evidence in accord with the jury instructions. Additionally, the Court notes that there was no jury instruction about "operating the defendants' duty of reasonable care" as represented in the plaintiff's Motion for New Trial on page 2.

Endorsement on Motion for Directed Verdict filed (#49.0): (at the Close of All Evidence) DENIED Judge: Hopkins, Hon. Merita A

Endorsement on Motion in limine to exclude (#41.0): Any and All Evidence of Post-Accident Changes to the Subject Speed Bump as Subsequent Remedial Measures ALLOWED for reasons stated on the record. Judge: Hopkins, Hon. Merita A

Endorsement on Motion in limine to preclude (#44.0): the Testimony of Public Officials, and Evidence of Town Planning Board Approval Documents Other action taken ALLOWED 1998 Planning Board Decision and referenced plans. DENIED 2009 Planning Board decision for modification and Notice of Decision. Refer to record. Judge: Hopkins, Hon. Merita A

JUDGMENT on jury verdict for the Defendant(s), Fern Realty Company, LLC, Faxon Heights Realty Company, LLC, Belridge Realty Company, LLC, Iantosca Realty Company, LLC, D.A.I. Property Management Company, Inc. against Plaintiff(s), Linda Paul, who will recover statutory costs. Judge: Hopkins, Hon. Merita A

Plaintiff Linda Paul's motion for new trial Pursuant to Rule 59; Certificate of Service

List of exhibits Trial Exhibit List

Defendants Fern Realty Company, LLC, Faxon Heights Realty Company, LLC, Belridge Realty Company, LLC, Iantosca Realty Company, LLC, D.A.I. Property Management Company, Inc.'s Motion for Directed Verdict filed at the close of the evidence

Endorsement on Motion for Directed Verdict filed (#48.0): (at the Close of Plaintiff's Case) DENIED Judge: Hopkins, Hon. Merita A

Defendants Fern Realty Company, LLC, Faxon Heights Realty Company, LLC, Belridge Realty Company, LLC, Iantosca Realty Company, LLC, D.A.I. Property Management Company, Inc.'s Motion for Directed Verdict filed at the close of Plaintiffs case

Linda Paul's Memorandum in opposition to Defendants' Objection to Dr. Pasquarello's Testimony Regarding Prognosis

Defendants Fern Realty Company, LLC's Motion in limine to exclude the Plaintiff's Liability Expert William H. Daley, III, P.E.

Linda Paul's Memorandum in opposition to Defendants' Motion in Limine to Exclude Her Liability Expert

Defendants Fern Realty Company, LLC's Motion in limine to exclude Any and All Evidence of Post-Accident Changes to the Subject Speed Bump as Subsequent Remedial Measures

Defendants Fern Realty Company, LLC's Motion in limine to exclude Objected to Portions of the Audio/Visual Deposition Testimony of Dr. George Joseph Pasquarello

Linda Paul's Memorandum in opposition to Defendants' Motion to Preclude Evidence that Speedbump was Repainted

Plaintiff Linda Paul's Motion in limine to preclude the Testimony of Public Officials, and Evidence of Town Planning Board Approval Documents

Witness list (Joint) Applies To: Paul, Linda (Plaintiff); Fern Realty Company, LLC (Defendant)

Juror Voir Dire questions filed by: Defendants Fern Realty Company, LLC

List of exhibits (Joint)

Plaintiff Linda Paul's affidavit of written notice of intent to offer as evidence: medical bills pursuant to G.L. c.233, § 79G (return receipt attached)

Linda Paul's Memorandum in support of Motion for Leave to Examine Prospective Jurors

Plaintiff Linda Paul's Motion for Leave to Examine Prospective Jurors

Joint Pre-Trial Memorandum filed:

Pre-Trial ORDER: Trial with jury scheduled for September 24, 2018 at 9:00 a.m. at the Taunton Superior Court; For good cause, pretrial conference continued to September 17, 2018 at 2:00 p.m. at the Taunton Superior Court Judge: Pasquale, Hon. Gregg J Judge: Pasquale, Hon. Gregg J

Linda Paul's Memorandum in opposition to Defendants' Motion in Limine to Exclude Her Treating Physicians' Audiovisual Testimony

Endorsement on Motion to continue / reschedule an event (#16.0): ALLOWED by agreement. Judge: Fregault, Garrett R

Endorsement on Motion to Continue Pretrial Conference (#17.0): ALLOWED having been assented to. Final Pretrial Conference is continued to March 7, 2018 due to judge availability (no judge in Taunton during the month of February) Judge: Losowski, John F

Endorsement on Motion to continue / reschedule an event (#15.0): ALLOWED as this is a joint motion. Judge: Fregault, Garrett R

Endorsement on Motion for the Issuance of a Commission Pursuant to M.G.L. c. 223A Section 10 (#11.0): ALLOWED by agreement.

Plaintiff Linda Paul's Submission of Subpoena served on Scott Stevenson, V.P. of T.K. Asphalt Services, Inc.

Received from Defendant D.A.I. Property Management Company, Inc.: Answer to original complaint;

Endorsement on Motion to Reschedule Pre-Trial Conference (#14.0): ALLOWED by agreement. Pre-Trial Conference will be held on November 13, 2017 at 2pm. Judge: Fregault, Garrett R

ORDER: Granting Assented to Motion for Issuance of a Commission Pursuant to M.G.L.A. c. 223A Section 10

Service Returned for Defendant Belridge Realty Company, LLC: Service through person in charge / agent;

Service Returned for Defendant Faxon Heights Realty Company, LLC: Service through person in charge / agent;

Endorsement on Motion for the issuance of a commission pursuant to M.G.L.A.c.223A, S10 (#10.0): DENIED without prejudice, a signed consent shall be filed with the court for consideration.

Service Returned for Defendant D.A.I. Property Management Company, Inc.: Service through person in charge / agent;

Plaintiff Linda Paul's Assented to Motion for Issuance of a Commission Pursuant to M.G.L.A. c. 223A, Section 10

Service Returned for Defendant Iantosca Realty Company, LLC: Service through person in charge / agent;

Service Returned for Defendant Fern Realty Company, LLC: Service through person in charge / agent;

Original civil complaint filed.