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THE COMMONWEALTH OF MASSACHUSETTS
THE SUPERIOR COURT DEPARTMENT OF
THE TRIAL COURT OF THE COMMONWEALTH
Hampshire Division
Docket No. 1680CV
CHRISTOPHER LASHWAY, Plaintiff,
Vv.
CYRUS P. KOSKI, III, a/k/a John Sikoski, Defendant
COMPLAINT AND DEMAND FOR JURY TRIAL.
that
N
occurred in Hampshire County.
The Plaintiff, Christopher Lashway, represents and says
PARTIES.
Plaintiff, Christopher Lashway, resided in Belchertown,
Hampshire County, Massachusetts, at all times pertinent to
this complaint.
Defendant, Cyrus P. Koski, III, a/k/a John Sikoski, resided
at 465 Warren Wright Road, Belchertown, Hampshire County,
Massachusetts, at times pertinent to this complaint.
JURISDICTION AND VENUE.
. The Plaintiff sustained damages in excess of twenty-five
thousand ($25,000) dollars.
AMMYH
9102.9 T Nar
LENOO HOSUNS SUIHSANYHSTATEMENT OF THE CASE.
The Plaintiff represents and says that the following facts
apply to, support and sustain the claims for relief set forth
herein.
5. On or about June 28, 2013, the Defendant invited the
Plaintiff to enter upon real estate he owned at 465 Warren
Wright Road, Belchertown, Hampshire County, Massachusetts
(the premises).
6. The Defendant asked the Plaintiff to climb a non-self-
supporting or collapsible ladder to the roof of the
premises to help the Defendant to determine the reason for
a leak.
7. It was raining at the time.
8. The Defendant placed the ladder on the wet surface of a
deck attached to his house.
9. The Defendant knew or should have known of the inability of
the ladder to remain stable on a wet surface.
10. The Defendant did not warn the Plaintiff of any danger
associated with climbing or descending the ladder as a
result of its placement on the wet deck surface.
11. The Plaintiff was not aware of the instability of the
ladder as it rested on the wet deck surface.12. The Defendant made no effort to stabilize or to hold
the ladder for the Plaintiff as the Plaintiff used the
ladder.
13. While the Plaintiff was on the ladder, it slipped away
from roof and from the side of the house.
14. The Plaintiff fell with the ladder.
15. The Plaintiff landed predominantly on his left side.
16. The Plaintiff went to the emergency room complaining
of pain in his left anterior shoulder, left forearm, left
ring finger and left buttocks. His symptoms included pain,
swelling, bleeding, lacerations and contusions.
17. The Plaintiff sought further medical attention because
of the unrelenting pain he suffered.
18. On or about September 25, 2013, the Plaintiff was
diagnosed as suffering from a torn rotator cuff in the left
shoulder.
19. On or about April 1, 2014, the Plaintiff underwent
arthroscopic surgery on his left shoulder.
20. The Plaintiff incurred expenses for reasonable and
necessary medical care of in excess of twenty thousand
($20,000) dollars.
CLAIMS FOR RELIEF.
A. Negligence.. The Plaintiff incorporates herein by reference the
averments contained in paragraphs five through twenty,
above.
. The Defendant had a duty of due care to the Plaintiff
with respect to the placement and stabilization of the
ladder.
. The Defendant knew or should have known that placing a
non-self-supporting or collapsible ladder on a wet
surface without stabilization was an unreasonable and
imprudent act or omission. By his act of placing the
ladder on a wet surface without stabilization, the
Defendant breached his duty of due care to the
Plaintiff.
. By reason of the Defendant’s careless and negligent
acts and omissions, the Plaintiff was caused to fall
from the ladder and suffered injury as a result.
. By reason of the fall, the Plaintiff incurred medical
expenses, suffered serious bodily injury, suffered
sustained physical pain, suffered serious and enduring
emotional injury, was prevented from transacting his
business, was prevented from caring for his family,
and suffered other and divers injuries.B. Failure to Warn.
a. The Plaintiff incorporates herein by reference the
averments contained in paragraphs five through twenty,
above.
b. The Defendant, as the owner of premises and as the
person who invited the Plaintiff to use the ladder,
had a duty to warn the Plaintiff about the danger of
using the ladder on the wet deck without stabilization
of any kind.
c. The Defendant breached his duty to warn the Plaintiff
about the danger of using the ladder on a wet deck
without stabilization of any kind.
d. By reason of the Defendant’s breach of duty, the
Plaintiff was caused to fall from the ladder and
suffered injury as a result.
e. By reason of the fall, the Plaintiff incurred medical
expenses, suffered serious bodily injury, suffered
sustained physical pain, suffered serious and enduring
emotional injury, was prevented from transacting his
business, was prevented from caring for his family,
and suffered other and divers injuries.Cc. Res Ipsa Loquitur.
a. The Plaintiff incorporates herein by reference the
averments contained in paragraphs five through twenty,
above.
b. The Defendant controlled the placement and use of the
ladder at all times pertinent hereto.
c. The ladder would not have slipped and the Plaintiff
would not have been injured except for the negligence
of the Defendant.
d. No unreasonable act or omission of the Plaintiff
caused the accident.
e. By reason of the fall, the Plaintiff incurred medical
expenses, suffered serious bodily injury, suffered
sustained physical pain, suffered serious and enduring
emotional injury, was prevented from transacting his
business, was prevented from caring for his family,
and suffered other and divers injuries.
WHEREFORE, the Plaintiff demands judgment against the
Defendant in such amount as the court may determine, interest
and costs.
JURY DEMAND.
The Plaintiff demands trial by jury of all claims so
triable.
Dated at Northampton, June 10, 2016.Respectfully submitted,
The Plaintiff by his attorney
Harry/L. Miles, of
Gre Miles Lipton, /LLP
77 Pleasant Street
P.O. Box 210
Northampton, MA 01061-0210
T: 413 586 8218
F: 413 684 6278
E: har iles@aol.com
BBO#: 345800
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3 THE COMMONWEALTH OF MASSACHUSETTS THE SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT OF THE COMMONWEALTH Hampshire Division Docket No. 1680CV CHRISTOPHER LASHWAY, Plaintiff, Vv. CYRUS P. KOSKI, III, a/k/a John Sikoski, Defendant COMPLAINT AND DEMAND FOR JURY TRIAL. that N occurred in Hampshire County. The Plaintiff, Christopher Lashway, represents and says PARTIES. Plaintiff, Christopher Lashway, resided in Belchertown, Hampshire County, Massachusetts, at all times pertinent to this complaint. Defendant, Cyrus P. Koski, III, a/k/a John Sikoski, resided at 465 Warren Wright Road, Belchertown, Hampshire County, Massachusetts, at times pertinent to this complaint. JURISDICTION AND VENUE. . The Plaintiff sustained damages in excess of twenty-five thousand ($25,000) dollars. AMMYH 9102.9 T Nar LENOO HOSUNS SUIHSANYHSTATEMENT OF THE CASE. The Plaintiff represents and says that the following facts apply to, support and sustain the claims for relief set forth herein. 5. On or about June 28, 2013, the Defendant invited the Plaintiff to enter upon real estate he owned at 465 Warren Wright Road, Belchertown, Hampshire County, Massachusetts (the premises). 6. The Defendant asked the Plaintiff to climb a non-self- supporting or collapsible ladder to the roof of the premises to help the Defendant to determine the reason for a leak. 7. It was raining at the time. 8. The Defendant placed the ladder on the wet surface of a deck attached to his house. 9. The Defendant knew or should have known of the inability of the ladder to remain stable on a wet surface. 10. The Defendant did not warn the Plaintiff of any danger associated with climbing or descending the ladder as a result of its placement on the wet deck surface. 11. The Plaintiff was not aware of the instability of the ladder as it rested on the wet deck surface.12. The Defendant made no effort to stabilize or to hold the ladder for the Plaintiff as the Plaintiff used the ladder. 13. While the Plaintiff was on the ladder, it slipped away from roof and from the side of the house. 14. The Plaintiff fell with the ladder. 15. The Plaintiff landed predominantly on his left side. 16. The Plaintiff went to the emergency room complaining of pain in his left anterior shoulder, left forearm, left ring finger and left buttocks. His symptoms included pain, swelling, bleeding, lacerations and contusions. 17. The Plaintiff sought further medical attention because of the unrelenting pain he suffered. 18. On or about September 25, 2013, the Plaintiff was diagnosed as suffering from a torn rotator cuff in the left shoulder. 19. On or about April 1, 2014, the Plaintiff underwent arthroscopic surgery on his left shoulder. 20. The Plaintiff incurred expenses for reasonable and necessary medical care of in excess of twenty thousand ($20,000) dollars. CLAIMS FOR RELIEF. A. Negligence.. The Plaintiff incorporates herein by reference the averments contained in paragraphs five through twenty, above. . The Defendant had a duty of due care to the Plaintiff with respect to the placement and stabilization of the ladder. . The Defendant knew or should have known that placing a non-self-supporting or collapsible ladder on a wet surface without stabilization was an unreasonable and imprudent act or omission. By his act of placing the ladder on a wet surface without stabilization, the Defendant breached his duty of due care to the Plaintiff. . By reason of the Defendant’s careless and negligent acts and omissions, the Plaintiff was caused to fall from the ladder and suffered injury as a result. . By reason of the fall, the Plaintiff incurred medical expenses, suffered serious bodily injury, suffered sustained physical pain, suffered serious and enduring emotional injury, was prevented from transacting his business, was prevented from caring for his family, and suffered other and divers injuries.B. Failure to Warn. a. The Plaintiff incorporates herein by reference the averments contained in paragraphs five through twenty, above. b. The Defendant, as the owner of premises and as the person who invited the Plaintiff to use the ladder, had a duty to warn the Plaintiff about the danger of using the ladder on the wet deck without stabilization of any kind. c. The Defendant breached his duty to warn the Plaintiff about the danger of using the ladder on a wet deck without stabilization of any kind. d. By reason of the Defendant’s breach of duty, the Plaintiff was caused to fall from the ladder and suffered injury as a result. e. By reason of the fall, the Plaintiff incurred medical expenses, suffered serious bodily injury, suffered sustained physical pain, suffered serious and enduring emotional injury, was prevented from transacting his business, was prevented from caring for his family, and suffered other and divers injuries.Cc. Res Ipsa Loquitur. a. The Plaintiff incorporates herein by reference the averments contained in paragraphs five through twenty, above. b. The Defendant controlled the placement and use of the ladder at all times pertinent hereto. c. The ladder would not have slipped and the Plaintiff would not have been injured except for the negligence of the Defendant. d. No unreasonable act or omission of the Plaintiff caused the accident. e. By reason of the fall, the Plaintiff incurred medical expenses, suffered serious bodily injury, suffered sustained physical pain, suffered serious and enduring emotional injury, was prevented from transacting his business, was prevented from caring for his family, and suffered other and divers injuries. WHEREFORE, the Plaintiff demands judgment against the Defendant in such amount as the court may determine, interest and costs. JURY DEMAND. The Plaintiff demands trial by jury of all claims so triable. Dated at Northampton, June 10, 2016.Respectfully submitted, The Plaintiff by his attorney Harry/L. Miles, of Gre Miles Lipton, /LLP 77 Pleasant Street P.O. Box 210 Northampton, MA 01061-0210 T: 413 586 8218 F: 413 684 6278 E: har iles@aol.com BBO#: 345800