On January 12, 2016 a
Answer
was filed
involving a dispute between
Bielski, Jerzy R,,
and
Crocker Communications, Inc.,
Crocker, James B,
Rutter, James J,
for Torts
in the District Court of Hampshire County.
Preview
46 010 1
COMMONWEALTH OF MASSACHUSETTS
HAMPSHIRE, SS. HAMPSHIRE COUNTY SUPERIOR
COURT
C.A. NO. 1680CV00010
JERZY R. BIELSKI,
Plaintiff
Vv.
nil (OR COURT
JAMES B. CROCKER,
Defendant
ae 206
Vv.
Hi td R.
JAMES J. RUTTER,
Third Party Defendant
THIRD-PARTY DEFENDANTS ANSWER TO DEFENDANT/THIRD-PARTY
LAINTIFF’S COMPLAINT AND DEMAND FOR JURY TRIAL
Now comes, the Third-Party Defendant and makes this his Answer to the Defendant/Third-
Party Plaintiffs Complaint.
1 The third-party defendant neither admits nor denies the allegations as he is without
information or knowledge sufficient to form a belief as to their truth.
The third-party defendant neither admits nor denies the allegations as he is without
information or knowledge sufficient to form a belief as to their truth.
The third-party defendant neither admits nor denies the allegations as he is without
information or knowledge sufficient to form a beliefs to their truth.
No response is required because this paragraph calls for a legal conclusion. To the
extent a response is requited, denied.
The third-party defendant denies.
The third-party defendant denies
The third-party defendant denies.
The third-party defendant states that the allegations contained in this paragraph state no
claim against him and, therefore, no answet is required. To the extent any part of the
allegations applies to third-party defendant, the third-party defendant denies.
WHEREFORE, the third-party defendant, denies that the defendant/ third-party plaintiff is
entitled to judgment of any kind.
AFFIRMATIVE DEFENSES
FIRST DEFENSE
The third-party defendant says that defendant/third-party plaintiffs alleged injuries and
damage were caused in whole or in part by the defendant/ third-party plaintiffs own negligence,
which was greater than any negligence of the third-party defendant.
SECOND DEFENSE
The third-party defendant says that at the time of the alleged accident defendant/ third-party
plaintiff was guilty of a violation of the law that contributed to the accident.
THIRD DEFENSE
The third-party defendant says that the defendant/ third-party plaintiffs alleged injuries and
damage were caused by a person or persons for whose conduct the third-party defendant is not
responsible.
FOURTH DEFENSE
The third-party defendant says that defendant/ third-party plaintiff is not entitled to recover
damages for pain and suffering under General Laws, Chapter 231, §6D.
FIFTH DEFENSE
The third-party defendant says that he is exempt from tort liability to the defendant/third-
party plaintiff under General Laws, Chapter 90, §34M.
SIXTH DEFENSE
The third-party defendant says that this action was not commenced within the time required
by the laws providing therefor.
SEVENTH DEFENSE
The third-party defendant says that defendant/ third-party plaintiff's suit is subject to
dismissal because of insufficiency of service of process pursuant to Mass. R. Civ. P 12(b)(5) and/or
insufficiency of process pursuant to Mass. R. Civ. P 12(b)(4).
EIGHTH DEFENSE
‘The third-party defendant says that service of process upon him has been insufficient and
that the court lacks personal jurisdiction over him.
NINTH DEFENSE
The third-party defendant says that defendant/ third-party plaintiff's complaint fails to state a
claim on which relief can be granted.
TENTH DEFENSE
‘The third-party defendant says that the defendant/third-party plaintiffs suit is subject to
dismissal because of improper venue pursuant to Mass. R.. Civ. P 12(6)(3).
ELEVENTH DEFENSE
The third-party defendant says the action must be dismissed for want of jurisdictional
amount.
TWELFTH DEFENSE
The third-party defendant says that the defendant/third-party plaintiff fails to mitigate his
damages.
THIRD-PARTY DEFENDANT DEMANDS TRIAL BY JURY ON ALL ISSUES OF
FACT.
Respectfully submitted,
James J. Rutter,
By his attorney,
Ol Ad
Darlene E. Thebau¥squire
Law Offices of Sherry, Black, Geller, Cain &
Vachereau
10 St. James Avenue, 5th Floor
Boston, MA 02116
Tel #: 617-867-4731
BBO # 661929
D arlene, Thebaud@LibertyMutual.com
CERTIFICATE OF SERVICE
I, Darlene E. Thebaud, Attorney for the third-party defendant, hereby certify that I have
this day served a copy of the foregoing
T 'HIRD-PARTY DEFENDANTS ANSWER TO DEFENDANT/THIRD-PARTY
PLAT TFF’S COMPLAINT AND DEMAND FOR LY TRIAL
by mailing a copy of same postage prepaid, directed to:
MichaelJ. Mascis, Esquire
Law Offices Of Jacqueline Allen
53 State Street
Boston, MA 02109
John J. Stobietski, Esquire
Stobierski & Connor
377 Main Street
QIn
Greenfield, MA 01301
Dated: anal | L
Datlene E. Thebaud, ‘Néquire
Document Filed Date
March 28, 2016
Case Filing Date
January 12, 2016
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
46 010 1 COMMONWEALTH OF MASSACHUSETTS HAMPSHIRE, SS. HAMPSHIRE COUNTY SUPERIOR COURT C.A. NO. 1680CV00010 JERZY R. BIELSKI, Plaintiff Vv. nil (OR COURT JAMES B. CROCKER, Defendant ae 206 Vv. Hi td R. JAMES J. RUTTER, Third Party Defendant THIRD-PARTY DEFENDANTS ANSWER TO DEFENDANT/THIRD-PARTY LAINTIFF’S COMPLAINT AND DEMAND FOR JURY TRIAL Now comes, the Third-Party Defendant and makes this his Answer to the Defendant/Third- Party Plaintiffs Complaint. 1 The third-party defendant neither admits nor denies the allegations as he is without information or knowledge sufficient to form a belief as to their truth. The third-party defendant neither admits nor denies the allegations as he is without information or knowledge sufficient to form a belief as to their truth. The third-party defendant neither admits nor denies the allegations as he is without information or knowledge sufficient to form a beliefs to their truth. No response is required because this paragraph calls for a legal conclusion. To the extent a response is requited, denied. The third-party defendant denies. The third-party defendant denies The third-party defendant denies. The third-party defendant states that the allegations contained in this paragraph state no claim against him and, therefore, no answet is required. To the extent any part of the allegations applies to third-party defendant, the third-party defendant denies. WHEREFORE, the third-party defendant, denies that the defendant/ third-party plaintiff is entitled to judgment of any kind. AFFIRMATIVE DEFENSES FIRST DEFENSE The third-party defendant says that defendant/third-party plaintiffs alleged injuries and damage were caused in whole or in part by the defendant/ third-party plaintiffs own negligence, which was greater than any negligence of the third-party defendant. SECOND DEFENSE The third-party defendant says that at the time of the alleged accident defendant/ third-party plaintiff was guilty of a violation of the law that contributed to the accident. THIRD DEFENSE The third-party defendant says that the defendant/ third-party plaintiffs alleged injuries and damage were caused by a person or persons for whose conduct the third-party defendant is not responsible. FOURTH DEFENSE The third-party defendant says that defendant/ third-party plaintiff is not entitled to recover damages for pain and suffering under General Laws, Chapter 231, §6D. FIFTH DEFENSE The third-party defendant says that he is exempt from tort liability to the defendant/third- party plaintiff under General Laws, Chapter 90, §34M. SIXTH DEFENSE The third-party defendant says that this action was not commenced within the time required by the laws providing therefor. SEVENTH DEFENSE The third-party defendant says that defendant/ third-party plaintiff's suit is subject to dismissal because of insufficiency of service of process pursuant to Mass. R. Civ. P 12(b)(5) and/or insufficiency of process pursuant to Mass. R. Civ. P 12(b)(4). EIGHTH DEFENSE ‘The third-party defendant says that service of process upon him has been insufficient and that the court lacks personal jurisdiction over him. NINTH DEFENSE The third-party defendant says that defendant/ third-party plaintiff's complaint fails to state a claim on which relief can be granted. TENTH DEFENSE ‘The third-party defendant says that the defendant/third-party plaintiffs suit is subject to dismissal because of improper venue pursuant to Mass. R.. Civ. P 12(6)(3). ELEVENTH DEFENSE The third-party defendant says the action must be dismissed for want of jurisdictional amount. TWELFTH DEFENSE The third-party defendant says that the defendant/third-party plaintiff fails to mitigate his damages. THIRD-PARTY DEFENDANT DEMANDS TRIAL BY JURY ON ALL ISSUES OF FACT. Respectfully submitted, James J. Rutter, By his attorney, Ol Ad Darlene E. Thebau¥squire Law Offices of Sherry, Black, Geller, Cain & Vachereau 10 St. James Avenue, 5th Floor Boston, MA 02116 Tel #: 617-867-4731 BBO # 661929 D arlene, Thebaud@LibertyMutual.com CERTIFICATE OF SERVICE I, Darlene E. Thebaud, Attorney for the third-party defendant, hereby certify that I have this day served a copy of the foregoing T 'HIRD-PARTY DEFENDANTS ANSWER TO DEFENDANT/THIRD-PARTY PLAT TFF’S COMPLAINT AND DEMAND FOR LY TRIAL by mailing a copy of same postage prepaid, directed to: MichaelJ. Mascis, Esquire Law Offices Of Jacqueline Allen 53 State Street Boston, MA 02109 John J. Stobietski, Esquire Stobierski & Connor 377 Main Street QIn Greenfield, MA 01301 Dated: anal | L Datlene E. Thebaud, ‘Néquire