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COMMONWEALTH OF MASSACHUSETTS
TRIAL COURT OF THE COMMONWEALTH
HAMPSHIRE, SS SUPERIOR COURT DEPARTMENT
CIVIL ACTION NO.: 1680CV0109
LINDA MCVEY,
Plaintiff HAMPSHIRE SUPERIOR COURT
ve : NOV 06 2017
HARRY JEKANOWSKI, JR.
NINA KOZLOVA Defendant CLERK / MAGISTRATE
JOINT PRE-TRIAL MEMORANDUM
Now come the parties in the above-entitled matter and submit for the consideration of
this Honorable Court the Pretrial Memorandum.
L AGREED FACTS
This case involves personal injury claims brought by the Plaintiff against the Defendant,
arising out of a motor vehicle accident which occurred on July 22, 2013, at approximately
11:31 a.m., at the intersection of George Hannum Road and Federal Street in
Belchertown, Massachusetts. Both George Hannum Road and Federal Streets are public
ways.
I. STATEMENTS OF EVIDENCE FROM ALL PARTIES
PLAINTIFF'S POSITION
The evidence will show that on or about July 22, 2013, at approximately 11:31 a.m., the
Plaintiff, Linda McVey, was the restrained operator of a motor vehicle that was situated
in a stationary position behind a blue Toyota driven by the defendant, Nina Kozlova at the
intersection of Route 9 and George Hannum Road in Belchertown, Massachusetts. At the
stated time, the Defendant without warning sped backwards toward the Plaintiff's car and
slammed into the front end of the Plaintiff's vehicle. As a result of the Defendant's
negligence, the Plaintiff sustained significant bodily injuries.
It is the Plaintiff's contention that the Defendant, Nina Kozlova, is liable for the injuries
and damages sustained by the Plaintiff under the theory of the negligent operation of a
motor vehicle. The Plaintiff contends that the Defendant had a duty to exercise a level of
care consistent with that expected of a reasonably prudent motor vehicle operator. The
-l-Defendant breached this duty on July 22, 2013, when she negligently drove her car
backwards, and siruck the Plaintiff's vehicle. It is also the Plaintiff's position that this
breach of duty amounted to negligence which was the direct and proximate cause of the
injuries and damages sustained by the Plaintiff.
DEFENDANT'S POSITION:
The defendant expects the evidence to show that on the day of the accident, the Defendant
‘was stopped at a red light in front of the vehicle being operated by the plaintiff. While
she was stopped, a Stop & Shop tractor trailer truck was making a turn from Federal
Street onto George Hannum Road. He came very close to the Defendant and she was
afraid that he would hit her so she backed up. While backing up, she tapped the front of
the Plaintiff's vehicle. Her speed at impact was less than 5 miles per hour. There was no
visible damage to either vehicle including scratches or dents. The police came to the
scene and noted no damage to either vehicle.
As a result of this tap to the front of the Plaintiffs vehicle, she alleges significant injuries
to her right shoulder, hands and neck. She alleges that she incurred $71,787.00 in
medical bills for three surgeries as a result of this accident.
The Defendant expects the evidence to dispute the causal relationship of her alleged
injuries including her surgeries to the motor vehicle accident. The Defendant furtber
disputes any permanency which she alleges to have occurred as a result of this accident.
The Defendant intends to present evidence of the fair and reasonable value of medical
services received by the Plaintiff pursuant to Law. v. Giffith, 457 Mass 349 (2010).
DESCRIPTION OF THE CASE TO BE READ TO THE JURY
This case involves a motor vehicle accident that occurred on July 22, 2013 on George
Hannum Road and Federal Streets in Belchertown, Massachusetts. Just prior to the
accident, the Plaintiff was stopped behind the Defendant waiting to turn left. The
Plaintiff alleges that the Defendant was negligent in the operation of her motor vehicle on
the date of this accident and that that negligence caused her to sustain injuries for which
she seeks fair and reasonable compensation. The Defendant denies that she was negligent
and that her negligence, if any, was a substantial contributing factor to the injuries alleged
by the plaintiff.
SIGNIFICANT LEGAL ISSUES
None.
PLAINTIFF’S WITNESSES:Linda MeVey, Plaintiff -
17 Brandywine Drive, Belchertown, MA
Nina Kozlova, Defendant -
121 North Main Street, Apartment 4, in Belchertown, Massachusetts.
John Raymer, Jr,- Responding Officer
Belchertown Police Department
Charles Mick, M.D. - Physician
Pioneer Spine and Sports Physicians, 271 Park Street West Springfield, MA
01089
Dr. Mick is expected to testify as a fact witness concerning the Plaintiff, Linda
McVey, injuries she received as a result of the motor vehicle accident, the
treatment rendered to her, and the current status of ber injuries.
Gregory Park, M.D.- Physician
Pioneer Spine and Sports Physicians, 271 Park Street West Springfield, MA
01089
Dr. Park is expected to testify as a fact witness concerning the Plaintiff, Linda
McVey, injuries she received as a result of the motor vehicle accident, the
treatment rendered to her, and the current status of her injuries.
Summer Karras, M.D,- Physician
300 Birnie Ave, Springfield, MA 01107
Dr. Karras is expected to testify as a fact witness concerning the Plaintiff, Linda
McVey, injuries she received as a result of the motor vehicle accident, the
treatment rendered to her, and the current status of her injuries.
Jon Warner, M.D.- Physician
55 Fruit Street, Boston, MA 02114
Dr. Warner is expected to testify as a fact witness concerning the Plaintiff, Linda
McVey, injuries she received as a result of the motor vehicle accident, the
treatment rendered to her, and the current status of her injuries.
Catherine Spath, M.D.- Physician
175 Carew Street, Springfield, MA 01104
Dr. Spath is expected to testify as a fact witness concerning the Plaintiff, Linda
McVey, injuries she received as a result of the motor vehicle accident, the
treatment rendered to her, and the current status of her injuries.
3-David Alpern, M.D.- Physician
90 Conz Street, Northampton, MA 01068
Dr. Alpern is expected to testify as a fact witness concerning the Plaintiff, Linda
McVey, injuries she received as a result of the motor vehicle accident, the
treatment rendered to her, and the current status of her injuries.
The Plaintiff reserves the right to identify additional witnesses and seasonably
supplement this conference memorandum before trial. Additionally, the Plaintiff reserves
the right to call any witnesses identified by the Defendants.
DEFENDANT’S WITNESSES:
1.
2.
Nima Kozlova, 121 North Main Street, Belchertown, MA
Linda McVey, 17 Brandywine Drive, Belchertown, MA
Patrolman John F. Raymer, Jr., Belchertown Police Department
The Defendant will call the person most knowledgeable from each of the
Plaintiff's medical providers with respect to the range of payments that were
accepted in payment of their bills for medical services.
The person most knowledgeable from Pioneer Valley Saab in Deerfield,
Massachusetts regarding the vehicle safety inspection undertaken on the
Plaintiff's vehicle following the accident.
The Defendant will call the Keeper of Records of any and all of the Plaintiff's
treating medical providers if their records cannot be properly Certified pursuant to
Massachusetts General Laws, Chapter 233, §79G.
The Defendant reserves the right to call any and all witnesses listed by the
Plaintiff.
The Defendant reserves the right to call any witness not Histed for the purposes of
rebuttal.
PLAINTIFF’S POTENTIAL EXPERT WITNESSES
Charies Mick, M.D.
Pioneer Spine and Sports Physicians
271 Park Street
West Springfield, MA 01089The Expert Witness, Dr. Mick, is expected to testify concerning her treatment of the
Plaintiff, including physical examinations, tests ordered and conducted, her opinions
concerning history obtained, diagnosis, medical care provided, prognosis, disability, loss
of function and permanency.
It is anticipated that Dr. Mick will testify to the Plaintiff's injuries as outlined in his,
records which have been furnished to the Defendant.
Gregory Park, M.D.
Pioneer Spine and Sports Physicians
271 Park Street
West Springfield, MA 01089
The Expert Witness, Dr. Park, is expected to testify concerning his treatment of the
Plaintiff, including physical examinations, tests ordered and conducted, his opinions
concerning history obtained, diagnosis, medical care provided, prognosis, disability, loss
of function and permanency.
it is anticipated that Dr. Park will testify to the Plaintiff's injuries as outlined in his
records which have been furnished to the Defendant.
Summer Karras, M.D.
300 Birnie Ave
Springfield, MA 01107
The Expert Witness, Dr. Karras, is expected to testify concerning her treatment of the
Plaintiff, including physical examinations, tests ordered and conducted, his opinions
concerning history obtained, diagnosis, medical care provided, prognosis, disability, loss
of function and permanency.
It is anticipated that Dr. Karras-will testify-to the Plaintiff's injuries as outlined in her
records which have been furnished to the Defendant.
Jon Warner, M.D.
55 Fruit Street
Boston, MA 02114
The Expert Witness, Dr. Warner, is expected 1o testify concerning his treatment of the
Plaintiff, including physical examinations, tests ordered and conducted, his opinions
conceming history obtained, diagnosis, medical care provided, prognosis, disability, loss
of function and permanency.
It is anticipated that Dr. Warner will testify to the Plaintiff's injuries as outlined in hisrecords which have been furnished to the Defendant.
Catherine Spath, M.D.
175 Carew Street
Springfield, MA 01104
The Expert Witness, Dr. Spath, is expected to testify concerning her treatment of the
Plaintiff, including physical examinations, tests ordered and conducted, his opinions
conceming history obtained, diagnosis, medical care provided, prognosis, disability, loss
of function and permanency.
It is anticipated that Dr. Park will testify to the Plaintiff's injuries as outlined in her
records which have been furnished to the Defendant.
David Alpern, M.D.
90 Conz Street
Northampton, MA 01068
The Expert Witness, Dr. Alpern, is expected to testify concerning his treatment of the
Phaintiff, including physical examinations, tests ordered and conducted, his opinions
concerning history obtained, diagnosis, medical care provided, prognosis, disability, loss
of function and permanency.
It is anticipated that Dr. Alpern will testify to the Plaintiff's injuries as outlined in his
records which have been furnished to the Defendant.
The Plaintiff reserves the right to identify any other expert witnesses, and seasonably
supplement this conference memorandum before trial. Additionally, the Plaintiff reserves
the right to call any witnesses identified by the Defendants.
VIL DEFENDANT’S POTENTIAL EXPERT WITNESSES:
ThePlaintiff has not names any expert witnesses to testify in the trial-of-this matter. The
Defendant will name expert witnesses within 60 days of the Plaintiff doing so.
VI. ITEMIZED LIST OF DAMAGES
Medical Expenses:
Cooley Dickinson Hospital $ 4,412.39
Town of Belchertown $ 1,398.59
Pioneer Spine and Sports Physicians $ 61,432.00
New Engiand Orthopedic Surgeons $ 230.00
Pioneer Valley Anaesthesia, LLC $ 3,250.00
Pioneer Valley O&P Inc. $ 481.00
Amb. Care at Cooley Dickinson Hosp. $ 45.27
-6-Northampton Radiologic Assoc. $ 538.00
Lost Wages
IX ESTIMATED LENGTH OF TRIAL
The parties anticipate that the trial of this case will require one to one to two full days.
xX. SETTLEMENT/ALTERNATE DISPUTE RESOLUTION
The undersigned counsel for the parties hereby certify that they have conferred and
discussed the possibility of settlement, and the amenability of the case to mediation or
other forms of alternative dispute resolution.
I, Julie B. Russell, attorney for the Defendant, hereby certify that I have apprised the
insurer for the Defendant of the estimated litigation costs.
FOR THE PLAINTIFF, FOR THE DEFENDANT,
Linda McVey, Nina Kozlova,
By Her Attorney, By Her Attorney,
i £3
Jatie B. Russell, Esq.
BBO#:
PELLEGRINI, SEELEY, Faller, Rosenberg, Palmer & Beliveau
RYAN & BLAKESLEY, P.C. 339 Main Street
1145 Main Street Worcester, MA 01608
P.O. Box 30009 TEL: (617) 867-4769
Springfield, MA 01103 FAX: (603) 430-5608
TEL: (413) 785-5300
FAX: (413) 731-0626
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COMMONWEALTH OF MASSACHUSETTS TRIAL COURT OF THE COMMONWEALTH HAMPSHIRE, SS SUPERIOR COURT DEPARTMENT CIVIL ACTION NO.: 1680CV0109 LINDA MCVEY, Plaintiff HAMPSHIRE SUPERIOR COURT ve : NOV 06 2017 HARRY JEKANOWSKI, JR. NINA KOZLOVA Defendant CLERK / MAGISTRATE JOINT PRE-TRIAL MEMORANDUM Now come the parties in the above-entitled matter and submit for the consideration of this Honorable Court the Pretrial Memorandum. L AGREED FACTS This case involves personal injury claims brought by the Plaintiff against the Defendant, arising out of a motor vehicle accident which occurred on July 22, 2013, at approximately 11:31 a.m., at the intersection of George Hannum Road and Federal Street in Belchertown, Massachusetts. Both George Hannum Road and Federal Streets are public ways. I. STATEMENTS OF EVIDENCE FROM ALL PARTIES PLAINTIFF'S POSITION The evidence will show that on or about July 22, 2013, at approximately 11:31 a.m., the Plaintiff, Linda McVey, was the restrained operator of a motor vehicle that was situated in a stationary position behind a blue Toyota driven by the defendant, Nina Kozlova at the intersection of Route 9 and George Hannum Road in Belchertown, Massachusetts. At the stated time, the Defendant without warning sped backwards toward the Plaintiff's car and slammed into the front end of the Plaintiff's vehicle. As a result of the Defendant's negligence, the Plaintiff sustained significant bodily injuries. It is the Plaintiff's contention that the Defendant, Nina Kozlova, is liable for the injuries and damages sustained by the Plaintiff under the theory of the negligent operation of a motor vehicle. The Plaintiff contends that the Defendant had a duty to exercise a level of care consistent with that expected of a reasonably prudent motor vehicle operator. The -l-Defendant breached this duty on July 22, 2013, when she negligently drove her car backwards, and siruck the Plaintiff's vehicle. It is also the Plaintiff's position that this breach of duty amounted to negligence which was the direct and proximate cause of the injuries and damages sustained by the Plaintiff. DEFENDANT'S POSITION: The defendant expects the evidence to show that on the day of the accident, the Defendant ‘was stopped at a red light in front of the vehicle being operated by the plaintiff. While she was stopped, a Stop & Shop tractor trailer truck was making a turn from Federal Street onto George Hannum Road. He came very close to the Defendant and she was afraid that he would hit her so she backed up. While backing up, she tapped the front of the Plaintiff's vehicle. Her speed at impact was less than 5 miles per hour. There was no visible damage to either vehicle including scratches or dents. The police came to the scene and noted no damage to either vehicle. As a result of this tap to the front of the Plaintiffs vehicle, she alleges significant injuries to her right shoulder, hands and neck. She alleges that she incurred $71,787.00 in medical bills for three surgeries as a result of this accident. The Defendant expects the evidence to dispute the causal relationship of her alleged injuries including her surgeries to the motor vehicle accident. The Defendant furtber disputes any permanency which she alleges to have occurred as a result of this accident. The Defendant intends to present evidence of the fair and reasonable value of medical services received by the Plaintiff pursuant to Law. v. Giffith, 457 Mass 349 (2010). DESCRIPTION OF THE CASE TO BE READ TO THE JURY This case involves a motor vehicle accident that occurred on July 22, 2013 on George Hannum Road and Federal Streets in Belchertown, Massachusetts. Just prior to the accident, the Plaintiff was stopped behind the Defendant waiting to turn left. The Plaintiff alleges that the Defendant was negligent in the operation of her motor vehicle on the date of this accident and that that negligence caused her to sustain injuries for which she seeks fair and reasonable compensation. The Defendant denies that she was negligent and that her negligence, if any, was a substantial contributing factor to the injuries alleged by the plaintiff. SIGNIFICANT LEGAL ISSUES None. PLAINTIFF’S WITNESSES:Linda MeVey, Plaintiff - 17 Brandywine Drive, Belchertown, MA Nina Kozlova, Defendant - 121 North Main Street, Apartment 4, in Belchertown, Massachusetts. John Raymer, Jr,- Responding Officer Belchertown Police Department Charles Mick, M.D. - Physician Pioneer Spine and Sports Physicians, 271 Park Street West Springfield, MA 01089 Dr. Mick is expected to testify as a fact witness concerning the Plaintiff, Linda McVey, injuries she received as a result of the motor vehicle accident, the treatment rendered to her, and the current status of ber injuries. Gregory Park, M.D.- Physician Pioneer Spine and Sports Physicians, 271 Park Street West Springfield, MA 01089 Dr. Park is expected to testify as a fact witness concerning the Plaintiff, Linda McVey, injuries she received as a result of the motor vehicle accident, the treatment rendered to her, and the current status of her injuries. Summer Karras, M.D,- Physician 300 Birnie Ave, Springfield, MA 01107 Dr. Karras is expected to testify as a fact witness concerning the Plaintiff, Linda McVey, injuries she received as a result of the motor vehicle accident, the treatment rendered to her, and the current status of her injuries. Jon Warner, M.D.- Physician 55 Fruit Street, Boston, MA 02114 Dr. Warner is expected to testify as a fact witness concerning the Plaintiff, Linda McVey, injuries she received as a result of the motor vehicle accident, the treatment rendered to her, and the current status of her injuries. Catherine Spath, M.D.- Physician 175 Carew Street, Springfield, MA 01104 Dr. Spath is expected to testify as a fact witness concerning the Plaintiff, Linda McVey, injuries she received as a result of the motor vehicle accident, the treatment rendered to her, and the current status of her injuries. 3-David Alpern, M.D.- Physician 90 Conz Street, Northampton, MA 01068 Dr. Alpern is expected to testify as a fact witness concerning the Plaintiff, Linda McVey, injuries she received as a result of the motor vehicle accident, the treatment rendered to her, and the current status of her injuries. The Plaintiff reserves the right to identify additional witnesses and seasonably supplement this conference memorandum before trial. Additionally, the Plaintiff reserves the right to call any witnesses identified by the Defendants. DEFENDANT’S WITNESSES: 1. 2. Nima Kozlova, 121 North Main Street, Belchertown, MA Linda McVey, 17 Brandywine Drive, Belchertown, MA Patrolman John F. Raymer, Jr., Belchertown Police Department The Defendant will call the person most knowledgeable from each of the Plaintiff's medical providers with respect to the range of payments that were accepted in payment of their bills for medical services. The person most knowledgeable from Pioneer Valley Saab in Deerfield, Massachusetts regarding the vehicle safety inspection undertaken on the Plaintiff's vehicle following the accident. The Defendant will call the Keeper of Records of any and all of the Plaintiff's treating medical providers if their records cannot be properly Certified pursuant to Massachusetts General Laws, Chapter 233, §79G. The Defendant reserves the right to call any and all witnesses listed by the Plaintiff. The Defendant reserves the right to call any witness not Histed for the purposes of rebuttal. PLAINTIFF’S POTENTIAL EXPERT WITNESSES Charies Mick, M.D. Pioneer Spine and Sports Physicians 271 Park Street West Springfield, MA 01089The Expert Witness, Dr. Mick, is expected to testify concerning her treatment of the Plaintiff, including physical examinations, tests ordered and conducted, her opinions concerning history obtained, diagnosis, medical care provided, prognosis, disability, loss of function and permanency. It is anticipated that Dr. Mick will testify to the Plaintiff's injuries as outlined in his, records which have been furnished to the Defendant. Gregory Park, M.D. Pioneer Spine and Sports Physicians 271 Park Street West Springfield, MA 01089 The Expert Witness, Dr. Park, is expected to testify concerning his treatment of the Plaintiff, including physical examinations, tests ordered and conducted, his opinions concerning history obtained, diagnosis, medical care provided, prognosis, disability, loss of function and permanency. it is anticipated that Dr. Park will testify to the Plaintiff's injuries as outlined in his records which have been furnished to the Defendant. Summer Karras, M.D. 300 Birnie Ave Springfield, MA 01107 The Expert Witness, Dr. Karras, is expected to testify concerning her treatment of the Plaintiff, including physical examinations, tests ordered and conducted, his opinions concerning history obtained, diagnosis, medical care provided, prognosis, disability, loss of function and permanency. It is anticipated that Dr. Karras-will testify-to the Plaintiff's injuries as outlined in her records which have been furnished to the Defendant. Jon Warner, M.D. 55 Fruit Street Boston, MA 02114 The Expert Witness, Dr. Warner, is expected 1o testify concerning his treatment of the Plaintiff, including physical examinations, tests ordered and conducted, his opinions conceming history obtained, diagnosis, medical care provided, prognosis, disability, loss of function and permanency. It is anticipated that Dr. Warner will testify to the Plaintiff's injuries as outlined in hisrecords which have been furnished to the Defendant. Catherine Spath, M.D. 175 Carew Street Springfield, MA 01104 The Expert Witness, Dr. Spath, is expected to testify concerning her treatment of the Plaintiff, including physical examinations, tests ordered and conducted, his opinions conceming history obtained, diagnosis, medical care provided, prognosis, disability, loss of function and permanency. It is anticipated that Dr. Park will testify to the Plaintiff's injuries as outlined in her records which have been furnished to the Defendant. David Alpern, M.D. 90 Conz Street Northampton, MA 01068 The Expert Witness, Dr. Alpern, is expected to testify concerning his treatment of the Phaintiff, including physical examinations, tests ordered and conducted, his opinions concerning history obtained, diagnosis, medical care provided, prognosis, disability, loss of function and permanency. It is anticipated that Dr. Alpern will testify to the Plaintiff's injuries as outlined in his records which have been furnished to the Defendant. The Plaintiff reserves the right to identify any other expert witnesses, and seasonably supplement this conference memorandum before trial. Additionally, the Plaintiff reserves the right to call any witnesses identified by the Defendants. VIL DEFENDANT’S POTENTIAL EXPERT WITNESSES: ThePlaintiff has not names any expert witnesses to testify in the trial-of-this matter. The Defendant will name expert witnesses within 60 days of the Plaintiff doing so. VI. ITEMIZED LIST OF DAMAGES Medical Expenses: Cooley Dickinson Hospital $ 4,412.39 Town of Belchertown $ 1,398.59 Pioneer Spine and Sports Physicians $ 61,432.00 New Engiand Orthopedic Surgeons $ 230.00 Pioneer Valley Anaesthesia, LLC $ 3,250.00 Pioneer Valley O&P Inc. $ 481.00 Amb. Care at Cooley Dickinson Hosp. $ 45.27 -6-Northampton Radiologic Assoc. $ 538.00 Lost Wages IX ESTIMATED LENGTH OF TRIAL The parties anticipate that the trial of this case will require one to one to two full days. xX. SETTLEMENT/ALTERNATE DISPUTE RESOLUTION The undersigned counsel for the parties hereby certify that they have conferred and discussed the possibility of settlement, and the amenability of the case to mediation or other forms of alternative dispute resolution. I, Julie B. Russell, attorney for the Defendant, hereby certify that I have apprised the insurer for the Defendant of the estimated litigation costs. FOR THE PLAINTIFF, FOR THE DEFENDANT, Linda McVey, Nina Kozlova, By Her Attorney, By Her Attorney, i £3 Jatie B. Russell, Esq. BBO#: PELLEGRINI, SEELEY, Faller, Rosenberg, Palmer & Beliveau RYAN & BLAKESLEY, P.C. 339 Main Street 1145 Main Street Worcester, MA 01608 P.O. Box 30009 TEL: (617) 867-4769 Springfield, MA 01103 FAX: (603) 430-5608 TEL: (413) 785-5300 FAX: (413) 731-0626