Preview
FILED: OSWEGO COUNTY CLERK 03/20/2021 05:05 PM INDEX NO. EFC-2021-0247
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/20/2021
STATE OF NEW YORK
SUPREME COURT : COUNTY OF OSWEGO
JOHN SHEPHERD,
DEMAND FOR
Plaintiff, VERIFIED BILL
OF PARTICULARS
vs.
LINDA BEAUDOIN and
ROMEO BEAUDOIN
Index No. EFC-2021-0247
Defendants
PLEASE TAKE NOTICE that the defendants, Linda Beaudoin and Romeo Beaudoin,
demand that the plaintiff serve upon the undersigned within thirty (30) days a Verified Bill of
Particulars of the following:
1. The time of the alleged occurrence, giving the exact day, month and year and the
approximate time of the day the occurrence is alleged to have occurred.
2. The exact place and location of the alleged occurrence.
3. A separate, detailed statement of the particular acts or omissions of the defendant
which the plaintiff claims to have been negligent, and if it is claimed that there was a negligent
condition of which the defendant had notice, a statement of whether actual or constructive notice
is claimed and if actual notice is claimed, a statement of when and to whom such notice was
given and the manner in which the defendant is claimed to have received it.
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4. If it is claimed that the defendant was negligent in the violation of any statute,
ordinance, regulation or rule, set forth the title and section of the specific statute, ordinance,
regulation or rule claimed to have been violated.
5. An exact statement of the injuries claimed to have been sustained the
by plaintiff,
including the nature, location, extent, duration and affects from and if of
same, which, any, said
injuries are claimed to be permanent.
a. If death is claimed, the date of death, the employment and wages of
age,
the plaintiffs decedent at the time of death and the names and ages of the
said decedent's distributees.
b. If dismemberment is claimed, a description of the part or portion of the
plaintiffs person that was dismembered.
c. If a significant disfigurement is claimed, a description of the nature and
extent of the disfigurement claimed.
d. If a fracture is claimed, a statement of which part or portion of the
plaintiffs skeletal structure sustained any such fracture and a description
of the fracture.
e. If a permanent loss of use of a bodily organ, member, function or system
is claimed, a description of the organ, member, function or system so
injured and the nature and extent of the loss of use thereof.
f. Ifa permanent consequential limitation of use of a body organ or member
is claimed, a description of the organ or member and the nature and extent
of the consequential limitation of use thereof.
g. If a significant limitation of use of a body function or system is claimed, a
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description of the function or system and the nature and extent of th
significant limitation of use thereof.
h. If a medically determined injury or impairment of a nonpermanent nature
which prevents the injured person from performing substantially all of the
material acts which constitute such person's usual and customary daily
activities for not less than ninety (90) days during the one hundred eighty
(180) days immediately following the occurrence of the injury or
impairment claimed, a description of the medically determined injury or
impairment claimed, the material acts constituting the plaintiffs usual and
customary daily activities and the manner in which and the dates upon
which the plaintiff was prevented from performing substantially all of said
material acts.
i. If economic loss greater than basic economic loss is claimed, a description
of:
a. The following items of basic economic loss, as set forth in Section
5104(a) of the Insurance Law, the names and addresses of the
providers of same, the dates when same were provided and the
necessary expenses incurred for:
x-
i. Medical, hospital, surgical, nursing, dental, ambulance,
ray, prescription drug and prosthetic services.
ii. Psychiatric, physical and occupational therapy and
rehabilitation.
iii. non-medical remedial care and treatment rendered
Any
accordance with a religious method of healing recognized
by the laws of this State.
iv. other professional health services.
Any
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b. Any loss of earnings from work which the injured person would
have performed had he not been injured, and reasonable and
necessary expenses incurred by such person in obtaining services
in lieu of those which he would have performed for income.
c. All other reasonable and necessary expenses incurred.
6. The length of time plaintiff claims to have been confined by reason of the alleged
occurrence:
a. to a hospital,
b. to a house, and
c. to a bed,
and in each instance, the days and dates thereof.
7. The nature of plaintiff's occupation and duties, if any; the weekly wages or
income of plaintiff, if any; the length of time, including the days and dates, it isclaimed plaintiff
has been and will be incapacitated and prevented from carrying on plaintiffs usual occupation
and duties, together with the name and address of plaintiffs employer(s), ifany. If plaintiff was
a student at the time of the underlying accident, set forth the length of time, if any, including
days and dates, itis claimed plaintiff has been and will be incapacitated and/or limited in any
way from attending school, as well as the full name and address of plaintiff's school.
8. An itemized statement of any and all damages claimed to have been sustained by
plaintiff by reason of the alleged occurrence, including:
a. Loss of earnings, if any, including the days and dates upon and between
same occurred, with the name and address of the plaintiffs employer(s) in
each instance.
b. The amount expended, or for which plaintiff has become obligated to pay,
if any, for physician services, medical supplies and hospital expenses,
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including the days and dates upon and between which same were incurred
and to whom paid or owed.
c. Nurses services, ifany, including the days and dates upon and between
which they were incurred and to whom paid or owed.
d. Any other alleged bills or special damages, including the amounts, the
days and dates upon and between which the same were or will be incurred
and the nature thereof and the name of the person to whom paid or owed.
9. The plaintiff's date of birth, current address and Social Security number.
10. Every other item of loss or damage for which monetary recovery is sought.
11. The manner in which it is claimed that economic loss is greater than basic
economic loss as defined in New York State Insurance Law Section 5102(a).
PLEASE TAKE FURTHER NOTICE that this Demand is a continuing demand and
supplemental responses shall be required until and through the time of trial. Upon your failure to
comply with the above Demand, defendants will rely on all relief entitled to them by law.
Dated: March 18, 2021
MARK D. GORIS, Esq.
Attorney for Defendants Beaudoin
Office and Post Office Address
5 Mill Street
Cazenovia, New York 13035
Telephone: (315) 815-5092
mgoris@gorislegal.com
TO: STANLEY LAW OFFICES
By: Thomas Welch, Esq.
Attorneys for Plaintiff
Office and Post Office Address
215 Burnett Avenue
Syracuse, New York 13203
Telephone: (315) 474-3742
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Preview
FILED: OSWEGO COUNTY CLERK 03/20/2021 05:05 PM INDEX NO. EFC-2021-0247 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/20/2021 STATE OF NEW YORK SUPREME COURT : COUNTY OF OSWEGO JOHN SHEPHERD, DEMAND FOR Plaintiff, VERIFIED BILL OF PARTICULARS vs. LINDA BEAUDOIN and ROMEO BEAUDOIN Index No. EFC-2021-0247 Defendants PLEASE TAKE NOTICE that the defendants, Linda Beaudoin and Romeo Beaudoin, demand that the plaintiff serve upon the undersigned within thirty (30) days a Verified Bill of Particulars of the following: 1. The time of the alleged occurrence, giving the exact day, month and year and the approximate time of the day the occurrence is alleged to have occurred. 2. The exact place and location of the alleged occurrence. 3. A separate, detailed statement of the particular acts or omissions of the defendant which the plaintiff claims to have been negligent, and if it is claimed that there was a negligent condition of which the defendant had notice, a statement of whether actual or constructive notice is claimed and if actual notice is claimed, a statement of when and to whom such notice was given and the manner in which the defendant is claimed to have received it. 1 of 5 FILED: OSWEGO COUNTY CLERK 03/20/2021 05:05 PM INDEX NO. EFC-2021-0247 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/20/2021 4. If it is claimed that the defendant was negligent in the violation of any statute, ordinance, regulation or rule, set forth the title and section of the specific statute, ordinance, regulation or rule claimed to have been violated. 5. An exact statement of the injuries claimed to have been sustained the by plaintiff, including the nature, location, extent, duration and affects from and if of same, which, any, said injuries are claimed to be permanent. a. If death is claimed, the date of death, the employment and wages of age, the plaintiffs decedent at the time of death and the names and ages of the said decedent's distributees. b. If dismemberment is claimed, a description of the part or portion of the plaintiffs person that was dismembered. c. If a significant disfigurement is claimed, a description of the nature and extent of the disfigurement claimed. d. If a fracture is claimed, a statement of which part or portion of the plaintiffs skeletal structure sustained any such fracture and a description of the fracture. e. If a permanent loss of use of a bodily organ, member, function or system is claimed, a description of the organ, member, function or system so injured and the nature and extent of the loss of use thereof. f. Ifa permanent consequential limitation of use of a body organ or member is claimed, a description of the organ or member and the nature and extent of the consequential limitation of use thereof. g. If a significant limitation of use of a body function or system is claimed, a 2 of 5 FILED: OSWEGO COUNTY CLERK 03/20/2021 05:05 PM INDEX NO. EFC-2021-0247 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/20/2021 description of the function or system and the nature and extent of th significant limitation of use thereof. h. If a medically determined injury or impairment of a nonpermanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety (90) days during the one hundred eighty (180) days immediately following the occurrence of the injury or impairment claimed, a description of the medically determined injury or impairment claimed, the material acts constituting the plaintiffs usual and customary daily activities and the manner in which and the dates upon which the plaintiff was prevented from performing substantially all of said material acts. i. If economic loss greater than basic economic loss is claimed, a description of: a. The following items of basic economic loss, as set forth in Section 5104(a) of the Insurance Law, the names and addresses of the providers of same, the dates when same were provided and the necessary expenses incurred for: x- i. Medical, hospital, surgical, nursing, dental, ambulance, ray, prescription drug and prosthetic services. ii. Psychiatric, physical and occupational therapy and rehabilitation. iii. non-medical remedial care and treatment rendered Any accordance with a religious method of healing recognized by the laws of this State. iv. other professional health services. Any 3 of 5 FILED: OSWEGO COUNTY CLERK 03/20/2021 05:05 PM INDEX NO. EFC-2021-0247 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/20/2021 b. Any loss of earnings from work which the injured person would have performed had he not been injured, and reasonable and necessary expenses incurred by such person in obtaining services in lieu of those which he would have performed for income. c. All other reasonable and necessary expenses incurred. 6. The length of time plaintiff claims to have been confined by reason of the alleged occurrence: a. to a hospital, b. to a house, and c. to a bed, and in each instance, the days and dates thereof. 7. The nature of plaintiff's occupation and duties, if any; the weekly wages or income of plaintiff, if any; the length of time, including the days and dates, it isclaimed plaintiff has been and will be incapacitated and prevented from carrying on plaintiffs usual occupation and duties, together with the name and address of plaintiffs employer(s), ifany. If plaintiff was a student at the time of the underlying accident, set forth the length of time, if any, including days and dates, itis claimed plaintiff has been and will be incapacitated and/or limited in any way from attending school, as well as the full name and address of plaintiff's school. 8. An itemized statement of any and all damages claimed to have been sustained by plaintiff by reason of the alleged occurrence, including: a. Loss of earnings, if any, including the days and dates upon and between same occurred, with the name and address of the plaintiffs employer(s) in each instance. b. The amount expended, or for which plaintiff has become obligated to pay, if any, for physician services, medical supplies and hospital expenses, 4 of 5 FILED: OSWEGO COUNTY CLERK 03/20/2021 05:05 PM INDEX NO. EFC-2021-0247 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/20/2021 including the days and dates upon and between which same were incurred and to whom paid or owed. c. Nurses services, ifany, including the days and dates upon and between which they were incurred and to whom paid or owed. d. Any other alleged bills or special damages, including the amounts, the days and dates upon and between which the same were or will be incurred and the nature thereof and the name of the person to whom paid or owed. 9. The plaintiff's date of birth, current address and Social Security number. 10. Every other item of loss or damage for which monetary recovery is sought. 11. The manner in which it is claimed that economic loss is greater than basic economic loss as defined in New York State Insurance Law Section 5102(a). PLEASE TAKE FURTHER NOTICE that this Demand is a continuing demand and supplemental responses shall be required until and through the time of trial. Upon your failure to comply with the above Demand, defendants will rely on all relief entitled to them by law. Dated: March 18, 2021 MARK D. GORIS, Esq. Attorney for Defendants Beaudoin Office and Post Office Address 5 Mill Street Cazenovia, New York 13035 Telephone: (315) 815-5092 mgoris@gorislegal.com TO: STANLEY LAW OFFICES By: Thomas Welch, Esq. Attorneys for Plaintiff Office and Post Office Address 215 Burnett Avenue Syracuse, New York 13203 Telephone: (315) 474-3742 5 of 5