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Nov 4 2021
COMMONWEALTH OF MASSACHUSETY'S
BARNSTABLE, SS. SUPERIOR COURT
CIVIL ACTION NO
2 ARTM:
172 CV 0331
MARCI DEMELIS.
Plaintiff
Vv.
CHRISTOPHER R. WILKINSON,
Defendant
DEFENDANT’S ANSWER AND CLAIM OF JURY TRIAL
PARTIES AND JURISDICTION
ae
The Defendant is without sufficient information to either confirm or deny the
allegations contained in Paragraph | of the Plaintiff's Complaint
The Defendant admits the allegations contained in Paragraph 2 of the Plaintiff's
Complaint.
‘The Defendant admits the allegations contained in Paragraph 3 of the Plaintiff's
Complaint.
FACTS COMMON TO ALL COUNTS
The Defendant repeats and realleges his answers to Paragraphs | through 3 as if
fully stated herein
The Defendant denies as phrased the allegations contained in Paragraph 5 of the
Plaintiff's Complaint.
The Defendant denies the allegations contained in Paragraph 6 of the Plaintiff's
Complaint.
The Defendant denies the allegations contained iin Paragraph 7 of the Plaintiffs
Complaint.
The Defendant denies the’ allegations contained ini Paragraph 8 of the Plaintiff's
Complaint.
COUNT I- NEGLIGENCE
9. The Defendant repeats and realleges his answers to Paragraphs 1 through 8 as if
fully ‘stated herein.
10 The Defendant admits the allegations contained in Paragraph 10 of the Plaintiffs
Complaint.
ll. The Defendant denies the allegations contained in Paragraph 1 of the Plaintiff's
Complaint.
12 The Defendant denies the allegations contained in Paragraph 12 of the Plaintiff's
Complaint. |
13. The Defendant denies the allegations contained in Paragraph 13 of the Plaintiff's
Complaint, ,
14. The Defendant denies the allegations contained in Paragraph 14 of the Plaintiff's
Complaint.
COUNT JI- LOST WAGES
15 The Defendant repeats and realleges his answers to Paragraphs | through 14 as if
fully stated herein
16. The Defendant denies the allegations contained in Paragraph 16 of the Plaintiff's
Complaint.
17. The Defendant denies the allegations contained in Paragraph 17 of the Plaintiff's
Complaint.
18. The Defendant denies the allegations contained in Paragraph 18 of the Plaintiff's
Complaint.
COUNT III ~ PAIN AND SUFFERING
19. The Defendant repeats and realleges his answers to. Paragraphs 1 through 18 as if
fully stated herein.
20. The Defendant denies the allegations contained in Paragraph 20 of the Plaintiff's
Complaint.
21. The Defendant denies the allegations contained in Paragraph 21 of the Plaintiff's
Complaint.
COUNT IV = LOSS OF CONSORTIUM.
22. The Defendant repeats and realleges his answers to Paragraphs | through 21 as if
fully stated herein...
23. The Defendant denies the allegations contained in Paragraph 23 of the Plaintiff's
Complaint.
24. The Defendant denies the allegations contained in Paragraph 24 of the Plaintiff's
Complaint.
25. The Defendant denies the allegations contained in Paragraph 25 of the Plaintiff's
Complaint.
COUNT V MEDICAL/OUT OF POCKET EXPENSES
26. The Defendant repeats and realleges his answers to ‘Paragraphs 1. through 25 as ‘if
fully, stated herein.
27. The Defendant denies the allegations contained in Paragraph 27 of the Plaintiff's
Complaint.
28. The Defendant denies the allegations contained iin Berserk 28 of the Plaintif?. s
Complaint.
FIRST DEFENSE
And further answering, the defendant says that the plaintiff's Complaint fails to set forth
facts constituting a cause of action, and therefore the plaintiff cannot recover.
SECOND DEFENSE
And further answering, the defendant says that the plaintiff's own negligence caused or
contributed to the accident and injuries alleged, and therefore the plaintiff cannot recover.
THIRD DEFENSE
And further answering, the defendant says that the plaintiff was more than 50 percent
negligent in causing or contributing to the accident and injuries alleged, and therefore the
plaintiff either cannot recover or any verdict or finding in his/her favor must be reduced by
the percentage of negligence attributed to the said plaintiff:
FOURTH DEFENSE.
And further answering, the defendant says that the plaintiff's alleged iinjuries, if any, were
caused by persons other than the defendant, his agents, servants or employees, and the
plaintiff's alleged injuries, if any, were caused by persons for whose conduct the defendant
is not responsible, and therefore the plaintiff cannot recover.
FIFTH DEFENSE
And further answering, the defendant says that the plaintiff's alleged injuries, if any, do not
come within one of the exceptions to the Massachusetts .No-Fault Insurance Law, being
Massachusetts General Laws, Chapter 231, Section 6D, and therefore the plaintiff is barred
from bringing this action and cannot recover.
SIXTH DEFENSE
And further answering, the defendant says that the plaintiffs claim does not satisfy the
monetary damages procedural requirements of M‘G.L. c. 212, Section 3 and Section 3A
and therefore the plaintiff's complaint should be dismissed.
WHEREFORE, the defendant demands judgment against the plaintiff and further
demand that said action be dismissed
AND, FURTHER, the defendant claims a trial by jury on all the issues.
The Defendant,
Christopher R. Wilkinson.
By his attorney:
But Leb \—
Brian F. Welsh, Esquire
Fuller, Rosenberg, Palmer & Beliveau, LLP
339 Main Street
Worcester, MA 01608
(508) 751-5121
bwelsh@frpb.com
BBO# 565163
October 29, 2021
CERTIFICATE OF SERVICE
Thereby certify that I have served the foregoing document upon the parties to this
action by mailing a copy thereof, first class, postage prepaid to the following counsel of
record:
Michael D. Rubenstein, Esquire
36 Commerce Way, 24 Floor
Woburn, MA 01801
2 Cred—
Brian F. Welsh, Esquire
Fuller, Rosenberg, Palmer & Beliveau, LLP
339 Main Street
Worcester, MA 01608
(508) 751-5121
bwelsh@frpb.com
BBO# 565163
October 29, 2021
a
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sa Nov 4 2021 COMMONWEALTH OF MASSACHUSETY'S BARNSTABLE, SS. SUPERIOR COURT CIVIL ACTION NO 2 ARTM: 172 CV 0331 MARCI DEMELIS. Plaintiff Vv. CHRISTOPHER R. WILKINSON, Defendant DEFENDANT’S ANSWER AND CLAIM OF JURY TRIAL PARTIES AND JURISDICTION ae The Defendant is without sufficient information to either confirm or deny the allegations contained in Paragraph | of the Plaintiff's Complaint The Defendant admits the allegations contained in Paragraph 2 of the Plaintiff's Complaint. ‘The Defendant admits the allegations contained in Paragraph 3 of the Plaintiff's Complaint. FACTS COMMON TO ALL COUNTS The Defendant repeats and realleges his answers to Paragraphs | through 3 as if fully stated herein The Defendant denies as phrased the allegations contained in Paragraph 5 of the Plaintiff's Complaint. The Defendant denies the allegations contained in Paragraph 6 of the Plaintiff's Complaint. The Defendant denies the allegations contained iin Paragraph 7 of the Plaintiffs Complaint. The Defendant denies the’ allegations contained ini Paragraph 8 of the Plaintiff's Complaint. COUNT I- NEGLIGENCE 9. The Defendant repeats and realleges his answers to Paragraphs 1 through 8 as if fully ‘stated herein. 10 The Defendant admits the allegations contained in Paragraph 10 of the Plaintiffs Complaint. ll. The Defendant denies the allegations contained in Paragraph 1 of the Plaintiff's Complaint. 12 The Defendant denies the allegations contained in Paragraph 12 of the Plaintiff's Complaint. | 13. The Defendant denies the allegations contained in Paragraph 13 of the Plaintiff's Complaint, , 14. The Defendant denies the allegations contained in Paragraph 14 of the Plaintiff's Complaint. COUNT JI- LOST WAGES 15 The Defendant repeats and realleges his answers to Paragraphs | through 14 as if fully stated herein 16. The Defendant denies the allegations contained in Paragraph 16 of the Plaintiff's Complaint. 17. The Defendant denies the allegations contained in Paragraph 17 of the Plaintiff's Complaint. 18. The Defendant denies the allegations contained in Paragraph 18 of the Plaintiff's Complaint. COUNT III ~ PAIN AND SUFFERING 19. The Defendant repeats and realleges his answers to. Paragraphs 1 through 18 as if fully stated herein. 20. The Defendant denies the allegations contained in Paragraph 20 of the Plaintiff's Complaint. 21. The Defendant denies the allegations contained in Paragraph 21 of the Plaintiff's Complaint. COUNT IV = LOSS OF CONSORTIUM. 22. The Defendant repeats and realleges his answers to Paragraphs | through 21 as if fully stated herein... 23. The Defendant denies the allegations contained in Paragraph 23 of the Plaintiff's Complaint. 24. The Defendant denies the allegations contained in Paragraph 24 of the Plaintiff's Complaint. 25. The Defendant denies the allegations contained in Paragraph 25 of the Plaintiff's Complaint. COUNT V MEDICAL/OUT OF POCKET EXPENSES 26. The Defendant repeats and realleges his answers to ‘Paragraphs 1. through 25 as ‘if fully, stated herein. 27. The Defendant denies the allegations contained in Paragraph 27 of the Plaintiff's Complaint. 28. The Defendant denies the allegations contained iin Berserk 28 of the Plaintif?. s Complaint. FIRST DEFENSE And further answering, the defendant says that the plaintiff's Complaint fails to set forth facts constituting a cause of action, and therefore the plaintiff cannot recover. SECOND DEFENSE And further answering, the defendant says that the plaintiff's own negligence caused or contributed to the accident and injuries alleged, and therefore the plaintiff cannot recover. THIRD DEFENSE And further answering, the defendant says that the plaintiff was more than 50 percent negligent in causing or contributing to the accident and injuries alleged, and therefore the plaintiff either cannot recover or any verdict or finding in his/her favor must be reduced by the percentage of negligence attributed to the said plaintiff: FOURTH DEFENSE. And further answering, the defendant says that the plaintiff's alleged iinjuries, if any, were caused by persons other than the defendant, his agents, servants or employees, and the plaintiff's alleged injuries, if any, were caused by persons for whose conduct the defendant is not responsible, and therefore the plaintiff cannot recover. FIFTH DEFENSE And further answering, the defendant says that the plaintiff's alleged injuries, if any, do not come within one of the exceptions to the Massachusetts .No-Fault Insurance Law, being Massachusetts General Laws, Chapter 231, Section 6D, and therefore the plaintiff is barred from bringing this action and cannot recover. SIXTH DEFENSE And further answering, the defendant says that the plaintiffs claim does not satisfy the monetary damages procedural requirements of M‘G.L. c. 212, Section 3 and Section 3A and therefore the plaintiff's complaint should be dismissed. WHEREFORE, the defendant demands judgment against the plaintiff and further demand that said action be dismissed AND, FURTHER, the defendant claims a trial by jury on all the issues. The Defendant, Christopher R. Wilkinson. By his attorney: But Leb \— Brian F. Welsh, Esquire Fuller, Rosenberg, Palmer & Beliveau, LLP 339 Main Street Worcester, MA 01608 (508) 751-5121 bwelsh@frpb.com BBO# 565163 October 29, 2021 CERTIFICATE OF SERVICE Thereby certify that I have served the foregoing document upon the parties to this action by mailing a copy thereof, first class, postage prepaid to the following counsel of record: Michael D. Rubenstein, Esquire 36 Commerce Way, 24 Floor Woburn, MA 01801 2 Cred— Brian F. Welsh, Esquire Fuller, Rosenberg, Palmer & Beliveau, LLP 339 Main Street Worcester, MA 01608 (508) 751-5121 bwelsh@frpb.com BBO# 565163 October 29, 2021 a