On November 03, 2020 a
Answer
was filed
involving a dispute between
Post, Regina,
and
Hfs Of America, Inc,
Moberg, Eric M,
for Torts
in the District Court of Hampshire County.
Preview
3
COMMONWEALTH OF MASSACHUSETTS
HAMPSHIRE. 8S. HAMPSHIRE COUNTY SUPERIOR COURT
Civil Action No. 2080CV124
i
REGINA POST, HAMPSHIRE SUPERIOR COURT
Plaintiff JAN 20 2021
v. HARRY JEKANOWSHI, JR.
(CLERKIMAGISTRATE
HFS of AMERICA, INC. and ERIC M.
MOBERG,
--
Defendants
DEFENDANTS’ HFS OF AMERICA, INC. ERIC M B. . RT!
PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL
Now come the Defendants’ and make this their Answer to the Plaintiff's Complaint.
PARTIES 1
|
The defendants neither admit nor deny the allegations as they are without information or
knowledge sufficient to form a belief as to their truth.
The defendants admit.
The defendants admit.
COUNT I
Negligence
(Regina Post v HES of America, Tne.)
--
The defendants restate, reallege and incorporate herein their answers to paragraphs 1
through 3 of plaintiff's complaint.
The defendants state that the allegations contained in this paragraph state no claim
against them and, therefore, no answer is required. | To the extent any part of the
allegations applies to said defendants, the defendants neither admit nor deny the
allegations as they are without information or knowledge sufficient to form a belief as to
their truth.
‘The defendants admit that HFS of America, Inc. was the owner of the vehicle being
operated by Mr. Moberg the remaining allegations are denied.
The defendants state that the allegations contained in this paragraph are a conclusion of
law to which no answer is required. To the extent that a response is required the
defendants deny any allegations of negligence or other wrongdoing on its part.
8. The defendants deny.
9. The defendant deny.
WHEREFORE, the defendants deny that the plaintiff is entided to judgment of any kind
Negligence
(Regina Post v. Eric M. Moberg)
10. The defendants restate, reallege and incorporate herein their answers to patagraphs 1
through 9 of plaintiff's complaint.
11 The defendants state that the allegations contained in this paragraph state no claim
against them and, therefore, no answer is required. To the extent any part of the
allegations applies to said defendants, the defendants neither admit nor deny the
allegations as they are without information or knowledge sufficient to form a belief as to
their truth.
12. The defendants admit that HFS of America, Inc. was the owner of the vehicle being
operated by Mr. Moberg. The remaining allegations are denied.
13. The defendants state that the allegations contained in this paragraph are a conclusion of
law to which no answer is required. To the extent that a response is required the
defendants deny any allegations of negligence or other wrongdoing on its part.
14. The defendants deny.
15. The defendant deny.
WHEREFORE, the defendants deny that the plaintiff is entitled to judgment of any kind.
AFFIRMATIVE DEFENSES
FIRST DEFENSE
The defendants say that plaintiff's alleged injuries and damage were caused in whole or in part by the
plaintiff's own negligence, which was greater than any negligence of the defendants
SECOND DEFENSE
The defendants say that at the time of the alleged accident plaintiff was guilty of a violation of the
law that contributed to the accident.
THIRD DEFENSE
The defendants say that the plaintiffs alleged injuries and damage were caused by a person or
persons for whose conduct the defendants ate not responsible.
FOURTH DEFENSE
The defendants say that plaintiff is not entitled to recover damages for pain and suffering under
General Laws, Chapter 231, §¢D.
FIFTH DEFENSE
The defendants say that they is exempt from tort liability to the plaintiff under General Laws,
Chapter 90, §34M.
SIXTH DEFENSE
The defendants say that this action was not commenced within the dme required by the laws
providing therefor.
SEVENTH DEFENSE
The defendants say that 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(6)(4).
EIGHTH DEFENSE
The defendants say that service of process upon them has been insufficient and that the court lacks
personal jurisdiction over them.
NINTH DEFENSE
The defendants say that plaintiffs complaint fails to state a claim on which relief can be granted.
TENTH DEFENSE
The defendants say that the plaintiffs suit is subject to dismissal because of improper venue
pursuant to Mass. R.. Civ. P 12(b)(3).
‘LE’ ‘H DEFENSE
The defendants say the action must be dismissed for want of jurisdictional amount.
DEFENDANTS DEMAND TRIAL BY JURY ON ALL ISSUES OF FACT.
Respectfully submitted,
HFS of America, Inc., and Eric M. Moberg,
By their Attorney,
Mbtoie W@Lck uty pe
Patricia M. Vachereau, Esquire
Law Offices of Cain, Sherry, Geller &
‘Vachereau
10 St. James Avenue, 5" Floor
Boston, MA 02116
413.263.2951
Patricia. Vachereau@libertymutuai.com
BBO # 552608
CERTIFICATE OF SERVICE
I, Patricia M. Vachereau, Esquire do hereby certify that on January 15, 2021, I have caused a
copy of the foregoing document to be served on the parties to the action by mailing, on the above
date, a copy, postage prepaid to:
Thomas A. Kokonowski, Esquire
46 Main Street
Northampton, MA 01060
adamskokonowski@gmail.com
-
Uy
Patricia M. Vachereau, Esquire
BBO# 552608
Document Filed Date
January 20, 2021
Case Filing Date
November 03, 2020
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3 COMMONWEALTH OF MASSACHUSETTS HAMPSHIRE. 8S. HAMPSHIRE COUNTY SUPERIOR COURT Civil Action No. 2080CV124 i REGINA POST, HAMPSHIRE SUPERIOR COURT Plaintiff JAN 20 2021 v. HARRY JEKANOWSHI, JR. (CLERKIMAGISTRATE HFS of AMERICA, INC. and ERIC M. MOBERG, -- Defendants DEFENDANTS’ HFS OF AMERICA, INC. ERIC M B. . RT! PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL Now come the Defendants’ and make this their Answer to the Plaintiff's Complaint. PARTIES 1 | The defendants neither admit nor deny the allegations as they are without information or knowledge sufficient to form a belief as to their truth. The defendants admit. The defendants admit. COUNT I Negligence (Regina Post v HES of America, Tne.) -- The defendants restate, reallege and incorporate herein their answers to paragraphs 1 through 3 of plaintiff's complaint. The defendants state that the allegations contained in this paragraph state no claim against them and, therefore, no answer is required. | To the extent any part of the allegations applies to said defendants, the defendants neither admit nor deny the allegations as they are without information or knowledge sufficient to form a belief as to their truth. ‘The defendants admit that HFS of America, Inc. was the owner of the vehicle being operated by Mr. Moberg the remaining allegations are denied. The defendants state that the allegations contained in this paragraph are a conclusion of law to which no answer is required. To the extent that a response is required the defendants deny any allegations of negligence or other wrongdoing on its part. 8. The defendants deny. 9. The defendant deny. WHEREFORE, the defendants deny that the plaintiff is entided to judgment of any kind Negligence (Regina Post v. Eric M. Moberg) 10. The defendants restate, reallege and incorporate herein their answers to patagraphs 1 through 9 of plaintiff's complaint. 11 The defendants state that the allegations contained in this paragraph state no claim against them and, therefore, no answer is required. To the extent any part of the allegations applies to said defendants, the defendants neither admit nor deny the allegations as they are without information or knowledge sufficient to form a belief as to their truth. 12. The defendants admit that HFS of America, Inc. was the owner of the vehicle being operated by Mr. Moberg. The remaining allegations are denied. 13. The defendants state that the allegations contained in this paragraph are a conclusion of law to which no answer is required. To the extent that a response is required the defendants deny any allegations of negligence or other wrongdoing on its part. 14. The defendants deny. 15. The defendant deny. WHEREFORE, the defendants deny that the plaintiff is entitled to judgment of any kind. AFFIRMATIVE DEFENSES FIRST DEFENSE The defendants say that plaintiff's alleged injuries and damage were caused in whole or in part by the plaintiff's own negligence, which was greater than any negligence of the defendants SECOND DEFENSE The defendants say that at the time of the alleged accident plaintiff was guilty of a violation of the law that contributed to the accident. THIRD DEFENSE The defendants say that the plaintiffs alleged injuries and damage were caused by a person or persons for whose conduct the defendants ate not responsible. FOURTH DEFENSE The defendants say that plaintiff is not entitled to recover damages for pain and suffering under General Laws, Chapter 231, §¢D. FIFTH DEFENSE The defendants say that they is exempt from tort liability to the plaintiff under General Laws, Chapter 90, §34M. SIXTH DEFENSE The defendants say that this action was not commenced within the dme required by the laws providing therefor. SEVENTH DEFENSE The defendants say that 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(6)(4). EIGHTH DEFENSE The defendants say that service of process upon them has been insufficient and that the court lacks personal jurisdiction over them. NINTH DEFENSE The defendants say that plaintiffs complaint fails to state a claim on which relief can be granted. TENTH DEFENSE The defendants say that the plaintiffs suit is subject to dismissal because of improper venue pursuant to Mass. R.. Civ. P 12(b)(3). ‘LE’ ‘H DEFENSE The defendants say the action must be dismissed for want of jurisdictional amount. DEFENDANTS DEMAND TRIAL BY JURY ON ALL ISSUES OF FACT. Respectfully submitted, HFS of America, Inc., and Eric M. Moberg, By their Attorney, Mbtoie W@Lck uty pe Patricia M. Vachereau, Esquire Law Offices of Cain, Sherry, Geller & ‘Vachereau 10 St. James Avenue, 5" Floor Boston, MA 02116 413.263.2951 Patricia. Vachereau@libertymutuai.com BBO # 552608 CERTIFICATE OF SERVICE I, Patricia M. Vachereau, Esquire do hereby certify that on January 15, 2021, I have caused a copy of the foregoing document to be served on the parties to the action by mailing, on the above date, a copy, postage prepaid to: Thomas A. Kokonowski, Esquire 46 Main Street Northampton, MA 01060 adamskokonowski@gmail.com - Uy Patricia M. Vachereau, Esquire BBO# 552608