Preview
FILED: CHENANGO COUNTY CLERK 09/02/2022 09:53 AM INDEX NO. 2022-00005358
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF CHENANGO
_________________________________________________________________
LAURA MARIE F/K/A MESSER,
Plaintiff, SUMMONS
-against- INDEX No.:
A & D TRANSPORT SERVICES, INC.
Defendant.
__________________________________________________________________
TO THE ABOVE-NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff’s attorneys an
Answer to the Complaint in this action, within twenty (20) days after the service of this Summons,
exclusive of the day of service, or within thirty (30) days after service is complete if this Summons
is not personally delivered to you within the State of New York. In case of your failure to answer,
Judgment will be taken against you by default for the relief demanded in the complaint.
Plaintiff designates Chenango County as the place of trial.
The basis of venue is Plaintiff’s residence located at 33 Mechanic St., Apt.B3, City of
Norwich, New York, 13815, County of Chenango.
Dated: September 2, 2022
By: ___________________________
Alex C. Turnello, Esq.
MARTIN, HARDING & MAZZOTTI, LLP
Attorneys for Plaintiff
1 Wall Street
P.O. Box 15141
Albany, New York 12212-5141
(518) 724-2232
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FILED: CHENANGO COUNTY CLERK 09/02/2022 09:53 AM INDEX NO. 2022-00005358
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF CHENANGO
____________________________________________________________
LAURA MARIE F/K/A MESSER,
Plaintiff, COMPLAINT
-against- INDEX No.:
A & D TRANSPORT SERVICES, INC.
Defendant.
_______________________________________________________________
TO THE ABOVE-NAMED DEFENDANT:
Plaintiff, Laura Marie f/k/a Messer, complaining of Defendant A&D Transport Services,
Inc. by and through her attorneys, Martin, Harding & Mazzotti, LLP, alleges as follows:
1. That at all times relevant herein, Plaintiff was a resident of the County of Otsego,
State of New York. Plaintiff currently resides in the County of Chenango, New York.
2. Upon information and belief, at all times relevant herein, the Defendant, A&D
Transport Services, Inc. (hereinafter referred to as “Defendant A&D”), was and still is a domestic
corporation organized and existing pursuant to the laws of the State of New York with a place of
business located at 83 Lower River St., Oneonta, State of New York, 13820.
AS AND FOR A FIRST CAUSE OF ACTION
AGAINST DEFENDANT
3. Plaintiff repeats, reiterates and realleges each and every allegation contained in the
above paragraphs all with the same force and effect as though set forth fully herein.
4. On or about September 5, 2019, Defendant A&D was hired to provide
transportation services for Plaintiff.
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FILED: CHENANGO COUNTY CLERK 09/02/2022 09:53 AM INDEX NO. 2022-00005358
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5. On or about September 5, 2019, employees of Defendant A&D negligently loaded
Plaintiff and her wheelchair into a vehicle owned and operated by Defendant A&D.
6. While travelling within Defendant A&D’s vehicle, Plaintiff was caused to fall due
to the Defendant A&D’s unsafe and/or negligent driving, causing Plaintiff to become injured.
7. That as a result of Defendant A&D’s negligence, Plaintiff was caused to suffer
serious and permanent injuries and other damages without any contributory or comparative
negligence on the part of the Plaintiff.
8. As a result of Defendant A&D’s negligence in failing to properly secure Plaintiff
into the Defendant A&D’s vehicle, as well as the unsafe operation of the motor vehicle, Plaintiff
was caused to sustain several personal injuries.
9. Upon information and belief, at the time of the incident that makes the subject matter
of this claim, Plaintiff was travelling in a vehicle which was owned, operated, maintained, and/or
controlled by Defendant A&D.
10. Upon information and belief, the operator of Defendant A&D’s vehicle at the time
of the collision was operating said vehicle while in the course of his employment with Defendant
A&D and with the permission and consent of Defendant A&D. Upon information and belief, the
driver of the vehicle operated said vehicle under the direction and/or control of Defendant A&D.
11. Plaintiff is alleging, upon information and belief, that as a result of said collision,
Plaintiff sustained a “serious injury” as defined in Subsection (d) of Section 5102 of the Insurance
Law of the State of New York.
12. Upon information and belief, plaintiff may suffer an “economic loss” in excess of
“basic economic loss” as defined by Subsection (a) of Section 5102 of the Insurance Law of the
State of New York.
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13. Upon information and belief, at all times relevant herein, Plaintiff, Laura Marie
f/k/a Messer, was under the exclusive care and custody of Defendant A&D.
14. Upon information and belief, at all times relevant herein, Defendant A&D owed
Plaintiff a duty to protect her from an unreasonable risk of harm.
15. At the above date, place and time, Defendant A&D breached their duty to Plaintiff,
Laura Marie f/k/a Messer.
16. Upon information and belief, at all times relevant herein, Defendant A&D had
direction and control over means, manner, and methods of the transport of Plaintiff on the subject
date and time.
17. Upon information and belief, at all times relevant herein, Defendant A&D had
direction and control over the means, manner, and methods to transport Plaintiff on the subject
date and time.
18. Upon information and belief, at all times relevant herein, Defendant A&D had
direction and control over the transportation of Plaintiff on the subject date and time.
19. Upon information and belief, at all times relevant herein, Defendant A&D had
direction and control over the vehicle which Plaintiff, Laura Marie f/k/a Messer was unsafely
placed into.
20. Upon information and belief, at all times relevant herein, Defendant A&D
negligently secured Plaintiff in the vehicle, causing her to fall and strike her head, causing injuries
and other damages.
21. Upon information and belief, at all times relevant herein, Defendant A&D
negligently, recklessly, and carelessly failed to safely operate the vehicle, causing Plaintiff to fall
and suffer injuries.
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22. Upon information and belief, at all times relevant herein, Defendant A&D
negligently, recklessly, and carelessly failed to warn Plaintiff of dangerous conditions which could
cause Plaintiff a serious risk of harm.
23. Upon information and belief, at all times relevant herein, Defendant A&D
negligently, recklessly, and carelessly managed, operated, and controlled the vehicle, which
caused injuries to Plaintiff, Laura Marie f/k/a Messer.
24. Upon information and belief, at all times relevant herein, Defendant A&D created
the dangerous, hazardous, and unsafe conditions as alleged herein.
25. Upon information and belief, at all times relevant herein, Defendant A&D knew or
should have known that failure to exercise reasonable care could result in serious injury, as
happened to Plaintiff, Laura Marie f/k/a Messer, when her wheelchair fell over onto the ground.
26. As a result of Defendant, A&D’s negligence, Plaintiff, Laura Marie f/k/a Messer,
was caused to suffer serious and permanent injuries and other damages without any contributory
or comparative negligence on the part of the Plaintiff.
27. The nature of the claim is an action for recovery of money damages due to personal
injuries sustained by Plaintiff, including past and future: pain and suffering, impairment,
disfigurement, mental pain and anguish, and loss of enjoyment of life stemming from her injuries,
damages for medical expenses, lost wages and earnings, and out-of-pocket expenses, including
expenses incurred for medical bill co-pays, all caused in whole or in part by the negligence of
Defendant A&D.
WHEREFORE, Plaintiff demands judgment against Defendant A&D in a sum of money
having a present value that exceeds the jurisdictional limits of all lower courts that would otherwise
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have jurisdiction over this matter, together with the costs and disbursements of this action, and
such other and further relief as the Court may deem just and proper.
DATED: September 2, 2022
By: ___________________________
Alex C. Turnello, Esq.
MARTIN, HARDING & MAZZOTTI, LLP
Attorneys for Plaintiff
1 Wall Street
P.O. Box 15141
Albany, New York 12212-5141
(518) 724-2232
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Preview
FILED: CHENANGO COUNTY CLERK 09/02/2022 09:53 AM INDEX NO. 2022-00005358 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF CHENANGO _________________________________________________________________ LAURA MARIE F/K/A MESSER, Plaintiff, SUMMONS -against- INDEX No.: A & D TRANSPORT SERVICES, INC. Defendant. __________________________________________________________________ TO THE ABOVE-NAMED DEFENDANT: YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff’s attorneys an Answer to the Complaint in this action, within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thirty (30) days after service is complete if this Summons is not personally delivered to you within the State of New York. In case of your failure to answer, Judgment will be taken against you by default for the relief demanded in the complaint. Plaintiff designates Chenango County as the place of trial. The basis of venue is Plaintiff’s residence located at 33 Mechanic St., Apt.B3, City of Norwich, New York, 13815, County of Chenango. Dated: September 2, 2022 By: ___________________________ Alex C. Turnello, Esq. MARTIN, HARDING & MAZZOTTI, LLP Attorneys for Plaintiff 1 Wall Street P.O. Box 15141 Albany, New York 12212-5141 (518) 724-2232 1 1 of 6 FILED: CHENANGO COUNTY CLERK 09/02/2022 09:53 AM INDEX NO. 2022-00005358 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF CHENANGO ____________________________________________________________ LAURA MARIE F/K/A MESSER, Plaintiff, COMPLAINT -against- INDEX No.: A & D TRANSPORT SERVICES, INC. Defendant. _______________________________________________________________ TO THE ABOVE-NAMED DEFENDANT: Plaintiff, Laura Marie f/k/a Messer, complaining of Defendant A&D Transport Services, Inc. by and through her attorneys, Martin, Harding & Mazzotti, LLP, alleges as follows: 1. That at all times relevant herein, Plaintiff was a resident of the County of Otsego, State of New York. Plaintiff currently resides in the County of Chenango, New York. 2. Upon information and belief, at all times relevant herein, the Defendant, A&D Transport Services, Inc. (hereinafter referred to as “Defendant A&D”), was and still is a domestic corporation organized and existing pursuant to the laws of the State of New York with a place of business located at 83 Lower River St., Oneonta, State of New York, 13820. AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANT 3. Plaintiff repeats, reiterates and realleges each and every allegation contained in the above paragraphs all with the same force and effect as though set forth fully herein. 4. On or about September 5, 2019, Defendant A&D was hired to provide transportation services for Plaintiff. 2 2 of 6 FILED: CHENANGO COUNTY CLERK 09/02/2022 09:53 AM INDEX NO. 2022-00005358 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022 5. On or about September 5, 2019, employees of Defendant A&D negligently loaded Plaintiff and her wheelchair into a vehicle owned and operated by Defendant A&D. 6. While travelling within Defendant A&D’s vehicle, Plaintiff was caused to fall due to the Defendant A&D’s unsafe and/or negligent driving, causing Plaintiff to become injured. 7. That as a result of Defendant A&D’s negligence, Plaintiff was caused to suffer serious and permanent injuries and other damages without any contributory or comparative negligence on the part of the Plaintiff. 8. As a result of Defendant A&D’s negligence in failing to properly secure Plaintiff into the Defendant A&D’s vehicle, as well as the unsafe operation of the motor vehicle, Plaintiff was caused to sustain several personal injuries. 9. Upon information and belief, at the time of the incident that makes the subject matter of this claim, Plaintiff was travelling in a vehicle which was owned, operated, maintained, and/or controlled by Defendant A&D. 10. Upon information and belief, the operator of Defendant A&D’s vehicle at the time of the collision was operating said vehicle while in the course of his employment with Defendant A&D and with the permission and consent of Defendant A&D. Upon information and belief, the driver of the vehicle operated said vehicle under the direction and/or control of Defendant A&D. 11. Plaintiff is alleging, upon information and belief, that as a result of said collision, Plaintiff sustained a “serious injury” as defined in Subsection (d) of Section 5102 of the Insurance Law of the State of New York. 12. Upon information and belief, plaintiff may suffer an “economic loss” in excess of “basic economic loss” as defined by Subsection (a) of Section 5102 of the Insurance Law of the State of New York. 3 3 of 6 FILED: CHENANGO COUNTY CLERK 09/02/2022 09:53 AM INDEX NO. 2022-00005358 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022 13. Upon information and belief, at all times relevant herein, Plaintiff, Laura Marie f/k/a Messer, was under the exclusive care and custody of Defendant A&D. 14. Upon information and belief, at all times relevant herein, Defendant A&D owed Plaintiff a duty to protect her from an unreasonable risk of harm. 15. At the above date, place and time, Defendant A&D breached their duty to Plaintiff, Laura Marie f/k/a Messer. 16. Upon information and belief, at all times relevant herein, Defendant A&D had direction and control over means, manner, and methods of the transport of Plaintiff on the subject date and time. 17. Upon information and belief, at all times relevant herein, Defendant A&D had direction and control over the means, manner, and methods to transport Plaintiff on the subject date and time. 18. Upon information and belief, at all times relevant herein, Defendant A&D had direction and control over the transportation of Plaintiff on the subject date and time. 19. Upon information and belief, at all times relevant herein, Defendant A&D had direction and control over the vehicle which Plaintiff, Laura Marie f/k/a Messer was unsafely placed into. 20. Upon information and belief, at all times relevant herein, Defendant A&D negligently secured Plaintiff in the vehicle, causing her to fall and strike her head, causing injuries and other damages. 21. Upon information and belief, at all times relevant herein, Defendant A&D negligently, recklessly, and carelessly failed to safely operate the vehicle, causing Plaintiff to fall and suffer injuries. 4 4 of 6 FILED: CHENANGO COUNTY CLERK 09/02/2022 09:53 AM INDEX NO. 2022-00005358 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022 22. Upon information and belief, at all times relevant herein, Defendant A&D negligently, recklessly, and carelessly failed to warn Plaintiff of dangerous conditions which could cause Plaintiff a serious risk of harm. 23. Upon information and belief, at all times relevant herein, Defendant A&D negligently, recklessly, and carelessly managed, operated, and controlled the vehicle, which caused injuries to Plaintiff, Laura Marie f/k/a Messer. 24. Upon information and belief, at all times relevant herein, Defendant A&D created the dangerous, hazardous, and unsafe conditions as alleged herein. 25. Upon information and belief, at all times relevant herein, Defendant A&D knew or should have known that failure to exercise reasonable care could result in serious injury, as happened to Plaintiff, Laura Marie f/k/a Messer, when her wheelchair fell over onto the ground. 26. As a result of Defendant, A&D’s negligence, Plaintiff, Laura Marie f/k/a Messer, was caused to suffer serious and permanent injuries and other damages without any contributory or comparative negligence on the part of the Plaintiff. 27. The nature of the claim is an action for recovery of money damages due to personal injuries sustained by Plaintiff, including past and future: pain and suffering, impairment, disfigurement, mental pain and anguish, and loss of enjoyment of life stemming from her injuries, damages for medical expenses, lost wages and earnings, and out-of-pocket expenses, including expenses incurred for medical bill co-pays, all caused in whole or in part by the negligence of Defendant A&D. WHEREFORE, Plaintiff demands judgment against Defendant A&D in a sum of money having a present value that exceeds the jurisdictional limits of all lower courts that would otherwise 5 5 of 6 FILED: CHENANGO COUNTY CLERK 09/02/2022 09:53 AM INDEX NO. 2022-00005358 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/02/2022 have jurisdiction over this matter, together with the costs and disbursements of this action, and such other and further relief as the Court may deem just and proper. DATED: September 2, 2022 By: ___________________________ Alex C. Turnello, Esq. MARTIN, HARDING & MAZZOTTI, LLP Attorneys for Plaintiff 1 Wall Street P.O. Box 15141 Albany, New York 12212-5141 (518) 724-2232 6 6 of 6