Urban, Justin Vs. Weston, Keith Et Al

List of exhibits CLERK'S NOTE: P#26-28 are dated 2/18/21 in conformity with the date stamp; as a result, they show up further down on the docket

Endorsement on Motion to Correct the Judgment (#30.0): ALLOWED Judge: White, Jr., Hon. William M

Plaintiff, Defendant Justin Urban, Keith Weston's Assented to Motion to Correct the Judgment

JUDGMENT entered on this date.: Judgment After Finding After Judicial Finding Presiding: Hon. William M White, Jr. Judgment For: Justin Urban Judgment Against: Keith Weston Interstate Electrical Services Corp. Terms of Judgment: Interest Begins: 03/16/2017 Jdgmnt Date: 03/04/2021 Interest Rate: .12 Daily Interest Rate: .000329 Damages: Damage Amt: 972739.23 Judgment Total: 1,436,464.45

Verdict/Limited Findings by the Court - Rule 20 (3 Judge Panel - Judge: White, Jr., Hon. William M Judge: Barrett, Hon. William Judge: Barry-Smith, Hon. Christopher) 1. Was the Defendant, Keith Weston, negligent? Yes 2. Was the negligence of the Defendant, Keith Weston, a proximate cause of the plaintiff's injuries? Yes 3. Was the Plaintiff, Justin Urban, negligent? Yes 4. Was such negligence a proximate cause of the plaintiff's injuries? Yes 5. What percentage of fault is attributable to: A. Defendant - 90% B. Plaintiff - 10% 6. Amount of damages: $1,068,944.21 The damages have not been reduced to reflect comparative negligence. I hereby certify that at least 2 of 3 deliberating justices have agreed upon the above verdict. /s/ William M. White Presiding Justice Dated: March 3, 2021 Applies To: Carroll, Esq., Scott (Attorney) on behalf of Weston, Keith (Defendant); Sullivan, Esq., Richard J (Attorney) on behalf of Urban, Justin (Plaintiff)

Endorsement on Motion in limine to (#22.0): Use Deposition Transcripts for Unavailable Witnesses filed by Defendants DENIED without prejudice. Judge: White, Jr., Hon. William M

Endorsement on Motion in limine to preclude (#17.0): the Plaintiff's Expert Dr. Morley from Expressing Any Opinions not Contained in is September 8, 2016. ALLOWED without objection. Judge: White, Jr., Hon. William M

Endorsement on Motion in limine to preclude (#16.0): Defendants from Offering any Evidence or Collateral Source Income. ALLOWED without objection.

Endorsement on Motion in limine to preclude (#14.0): Any Lay Witness Opinion Testimony from Fact Witness Alec Johnston. DENIED after hearing and review. The witness may be cross-examined regards to any opinions expressed.

Endorsement on Motion in limine to preclude (#13.0): any Lay Witness Opinion Testimony from Fact Witness AnnMarie Richards DENIED after hearing and review. The witness may be cross-examined in regards to any opinion expressed.

Endorsement on Motion in limine to preclude (#19.0): the Defendants from Offering Evidence of the Post-Accident Police Reprt without Authentication ALLOWED without objection.

Endorsement on Motion for the Court to take Judicial Notice of Massachusetts General Laws Chapter 89 Section 8 (#18.0): ALLOWED without objection.

Endorsement on Motion in limine to preclude (#15.0): the Defendants from Offering Evidence of or Commenting on any Alleged Other Unrelated Driving Acts of the Plaintiff. ALLOWED After hearing and review, the motion is ALLOWED. The defendant's point is noted, however, the driving infractions do not constitute admissible convictions. If any part of the driving record could be interpreted as a conviction, it would be stale. See Mass. R. Evidence s. 609(a)(4).

Endorsement on Motion to continue / reschedule an event Trial (Emergency Motion) filed by defendants (#12.0): Other action taken Withdrawn by agreement.

Opposition to Defendants Keith Weston, Interstate Electrical Services Corp.'s EMERGENCY Motion to continue the trial filed by Reg #12

Defendants Keith Weston, Interstate Electrical Services Corp.'s Motion in limine to USE DEPOSITION TRANSCRIPTS FOR UNAVAILABLE WITNESSES

Reply/Sur-reply DEFENDANTS REPLY TO PLAINTIFF'S OPPOSITION TO THE DEFENDANTS MOTION IN LIMINE TO PRECLUDE THE PLAINTIFF'S EXPERT DR. DAVID MORLEY FROM TESTIFYING AT TRIAL CONCERNING THE PLAINTIFF'S PERCENTAGE OF PERMANENT IMPAIRMENT

Opposition to DEFENDANTS MOTION IN LIMINE TO PRECLUDE THE PLAINTIFF'S EXPERT DR. DAVID MORLEY FROM TESTIFYING AT TRIAL CONCERNING THE PLAINTIFF'S PERCENTAGE OF PERMANENT IMPAIRMENT OF IMPAIRMENT RATING filed by

Defendants Keith Weston, Interstate Electrical Services Corp.'s Motion in limine to PRECLUDE THE PLAINTIFF'S EXPERT DR. DAVID MORLEY FROM TESTIFYING AT TRIAL CONCERNING THE PLAINTIFF'S PERCENTAGE OF PERMANENT IMPAIRMENT

Opposition to Defendants Keith Weston, Interstate Electrical Services Corp.'s Motion in limine to PRECLUDE DR. MORLEY FROM TESTIFYING AT TRIAL CONCERNING THE PLAINTIFF'S POSSIBILITY FOR FUTURE MEDICAL TREATMENT AND/OR THE POSSIBLE WORSENING OF THE PLAINTIFF CONDITION filed by

Defendants Keith Weston, Interstate Electrical Services Corp.'s Motion in limine to PRECLUDE DR. MORLEY FROM TESTIFYING AT TRIAL CONCERNING THE PLAINTIFF'S POSSIBILITY FOR FUTURE MEDICAL TREATMENT AND/OR THE POSSIBLE WORSENING OF THE PLAINTIFF CONDITION

Plaintiff Justin Urban's Motion in limine to PRECLUDE THE DEFENDANTS FROM OFFERING EVIDENCE OF THE POST-ACCIDENT POLICE REPORT WITHOUT AUTHENTICATION

Plaintiff Justin Urban's Motion for THE COURT TO TAKE JUDICIAL NOTICE OF MASSACHUSETS GENERAL LAWS CHAPTER 89 SECTION 8

Defendant Keith Weston, Interstate Electrical Services Corp.'s Motion in limine to PRECLUDE THE PLAINTIFF'S EXPERT DR. MORLEY FROM EXPRESSING ANY OPINIONS NOT CONTAINED IN HIS SEPTEMBER 8, 2016 REPORT

Plaintiff Justin Urban's Motion in limine to PRECLUDE DEFENDANTS FROM OFFERING ANY EVIDENCE OF COLLATERAL SOURCE INCOME

Opposition to THE PLAINTIFF'S MOTION IN LIMINE TO PRECLUDE THE DEFENDANTS FROM OFFERING EVIDENCE OF OR COMMENTING ON ANY ALLEGED OTHER, UNRELATED DRIVING ACTS OF THE PLAINTIFF filed by

Plaintiff Justin Urban's Motion in limine to PRECLUDE THE DEFENDANTS FROM OFFERING EVIDENCE OF OR COMMENTING ON ANY ALLEGED OTHER, UNRELATED DRIVING ACTS OF THE PLAINTIFF

Opposition to THE PLAINTIFF'S MOTIONS IN LIMINE SEEKING TO PRECLUDE ANY LAY WITNESS OPINION TESTIMONY FROM FACT WITNESSES ANNMARIE RICHARDS AND ALEC JOHNSTON filed by

Plaintiff Justin Urban's Motion in limine to ANY LAY WITNESS OPINION TESTIMONY FROM FACT WITNESS ALEC JOHNSTON

Opposition to THE PLAINTIFF'S MOTIONS IN LIMINE SEEKING TO PRECLUDE ANY LAY WITNESS OPINION TESTIMONY FROM FACT WITNESSES ANNMARIE RICHARDS AND ALEC JOHNSTON filed by

Plaintiff Justin Urban's Motion in limine to PRECLUDE ANY LAY WITNESS OPINION TESTIMONY FROM FACT WITNESS ANNMARIE RICHARDS

Defendants Keith Weston, Interstate Electrical Services Corp.'s EMERGENCY Motion to continue the trial

Plaintiff, Defendant Justin Urban, Keith Weston's Submission of Agreement to Waive Trial by Jury and Proceed to Trial Before a Three-Judge Panel.

Defendant Keith Weston, Interstate Electrical Services Corp.'s Request for Instructions to the Panel

Defendant Keith Weston, Interstate Electrical Services Corp.'s Submission of Witness List

Plaintiff Justin Urban's Notice of Affidavit Of Notice M.G.L. c. 233, 79G.

Attorney appearance On this date Stacie E Pavao, Esq. added as Private Counsel for Defendant Interstate Electrical Services Corp.

Attorney appearance On this date Stacie E Pavao, Esq. added as Private Counsel for Defendant Keith Weston

Attorney appearance On this date Daniel L Keith, Esq. dismissed/withdrawn as Private Counsel for Defendant Keith Weston

Endorsement on Motion to continue / reschedule an event Trial (#8.0): ALLOWED After hearing and due to the parties' stated confusion with the court's ruling on 8/1/19 regarding their Motion to Continue, the court in consideration for the hardship it would cause if the Motion to Continue were not allowed, now ALLOWS the Motion to Continue the trial to 8/10/2020. No further extensions.

Endorsement on motion to compel Deposition (#10.0): of Alex Johnston ALLOWED Judge: Connolly, Hon. Rosemary

Endorsement on motion to compel Deposition (#9.0): of Robert Michalik AFFIRMED Judge: Connolly, Hon. Rosemary

Affidavit of compliance with Superior Court Rule 9A Applies To: Carroll, Esq., Scott (Attorney) on behalf of Interstate Electrical Services Corp. (Defendant)

Defendant(s) Keith Weston, Interstate Electrical Services Corp. motion filed to compel The Deposition of Alec Johnson

Affidavit of compliance with Superior Court Rule 9A Applies To: Carroll, Esq., Scott (Attorney) on behalf of Interstate Electrical Services Corp. (Defendant)

Defendant(s) Interstate Electrical Services Corp. motion filed to compel the Deposition of Robert Michalik

Attorney appearance On this date Daniel L Keith, Esq. added as Private Counsel for Defendant Keith Weston

Attorney appearance On this date Christopher J Bulger, Esq. dismissed/withdrawn as Private Counsel for Defendant Interstate Electrical Services Corp.

Attorney appearance On this date Christopher J Bulger, Esq. dismissed/withdrawn as Private Counsel for Defendant Keith Weston

Endorsement on Motion to continue / reschedule an event Trial (#8.0): Other action taken The Court shall discuss these motions with counsel at a hearing on AUGUST 12, 2019 at 2pm. ALL TRIAL COUNSEL ARE TO APPEAR. Given the age of this case the court is most reluctant to continue the trial until a date in 2020. Therefore, the Court reserves action on this motion and will hear argument from trial counsel on August 12, 2019 at 2 pm. SO ORDERED. Dated: 8/1/19 Judge: Connolly, Hon. Rosemary

Plaintiff, Defendant Justin Urban, Keith Weston, Interstate Electrical Services Corp.'s Joint Motion to continue Trial

Endorsement on Motion for Capias for Alex Johnston filed by defendant Interstate Electrical Services Corp. (#7.0): DENIED without prejudice. He must be served with a trial subpoena with the date and time for his attendance pursuant to R. 45. If he fails to comply the Defendant may ask the Court to enforce the order up to and including initiating a hearing for contempt. See R. 45. On this record, without first asking the Court to enforce the Deposition Subpoena, the Court shall not simply issue a Capias. This record is not developed enought to support such relief. The Motion is DENIED. Judge: Connolly, Hon. Rosemary

Affidavit of compliance with Superior Court Rule 9A Applies To: Bulger, Esq., Christopher J (Attorney) on behalf of Interstate Electrical Services Corp. (Defendant)

Defendants Keith Weston, Interstate Electrical Services Corp.'s Motion for a capias for Alec Johnston

ORDER: PRE-TRIAL CONFERENCE After hearing, it is hereby ORDERED as follows: any motions in limine and motions related to voir dire shall be filed by 8/7/19. The Court will conduct a final trial conference on 8/12/19 at 2 p.m. Trial shall begin on 8/21/19. (Dated: 1/29/19 as endorsement on P#6).

Joint Pre-Trial Memorandum filed:

Received from Defendant Weston, Keith:; Defendant Interstate Electrical Services Corp.: Answer to original complaint;

Service Returned for Defendant Interstate Electrical Services Corp.: Service made in hand; 3/20/17, 70 Treble Cove Rd Billerica, MA 01862

Service Returned for Defendant Weston, Keith: Service made at last and usual; 3/18/17, 12 Westgate Rd North Billerica, MA 01862

Civil action cover sheet filed.

Original civil complaint filed.

Case assigned to: DCM Track F - Fast Track was added on 03/16/2017