Party Statement: Horton, Jalycianna vs. MKM LLC

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                                COMMONWEEALTH           OF MASSACHUSETTS


                                                            C&N URS CVOISTAC
WORCESTER, SS                                          SUPERIOR COURT




JALYCIANNA HORTON
     Plaintiff
                                                     FILED
                                                           MAR 26 2974
Vv.

                                                 ATTEST:
MKM, LLC



                                                                                              3
     Defendant
                                                               tu,    CLERK

         PLAINTIFF’S AFFIDAVIT PURSUANT TO M.G.L. C. 231, SEC. 60J


      Jalycianna Horton, being duly sworn, deposes and states:

      My name is Jalycianna Horton and I am the Plaintiff in this case.

      I was seriously injured in a motor vehicle crash that occurred on April 25, 2021 at

      approximately 11.08 p.m. in Worcester, Massachusetts.

      At that time, I was a passenger in a motor vehicle which was operated by Olivia Padula.

      As a result of this crash, Olivia Padula was charged with Operating Under the Influence

      of Alcohol and pled guilty on July 27, 2022, in the case of Commonwealth v. Olivia J.

      Padula, Worcester District Court, Docket No. 2162CR001773.

      In a Statement on Facts dated April 26, 2021, in the case of Commonwealth v. Olivia J.

      Padula, Worcester District Court, Docket No. 2162CR001496, Police Officer James

      Conway stated that on Sunday April 25, 2021 at 11.10 p.m., “Padula had a strong odor of

      an alcoholic beverage emanating from her breath, had blood shot glassy eyes, slurred

      speech and failed the Horizontal Gaze and Nystagmus test. Based on my training and

      experience she was charged and arrested for operating a motor vehicle under the

      influence of liquor.”
In a Statement of Facts from Commonwealth v. Olivia J. Padula, Worcester District

    Court, Docket No. 2162CR001773, dated May 11, 2021, Police Officer Kevin Krusas

    noted that Ms. Padula’s Ethanol and Blood Serum levels were 202 mg/DL and that when

    converted showed a BAC of .17 which is “in excess of the limit of .08%.”

    On July 27, 2022, Olivia Padula pled guilty to Operating Under the Influence of Liquor

    Shortly prior to the crash, Olivia Padula had been at the Cosmopolitan Club, as a

    customer, along with the Plaintiff Jalycianna Horton.

9   The “Cosmopolitan Club” is the business name of MKM, LLC.

10. The Cosmopolitan Club is licensed to sell alcoholic beverages and liquors.

11. During their time at the Cosmopolitan Club that evening, Ms. Padula was served many

    alcoholic drinks.

12. Ms. Padula was showing signs of intoxication while she was being served alcoholic

    beverages at the Cosmopolitan Club that night.

13 At one point she knocked over her drink which indicated to me that she was noticeably

    under the influence of alcohol.

14. When we went to the bar to pay the bill, Olivia flirtatiously threw her arm around a man

    who she did not know.

15 I knew that when she had too much to drink she would act flirtatiously.

16. The server(s) at the Cosmopolitan Club knew or should have known that Padula was

    intoxicated when she was served.

17 The operation of a motor vehicle by Olivia Padula was reasonably foreseeable by the

    defendant,

18 An ordinary person would not have served Ms. Padula under these circumstances.
Signed under the pains and penalties of perjury this 26"" day of March 2024.



Jal   ianna   Horton