Motion,Ex Parte: Jennings, Darlene vs. Perry, Donald et al

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                ¢

COMMONWEALTH OF MASSACHUSETTS
BRISTOL, SS. SUPERIOR COURT DEPT.
C. A. NO. 1673CV01189

T
DARLENE JENNINGS, BRISTOL. SS SUPERIOR COUR

inti ) FILED
Plaintiff, )
) MAY 26 2017
VS )
) MARC J. SANTOS. 80.
DONALD PERRY and ) CLERK/MAGISTRi
GERALDINE PERRY, )
Defendants. )

MOTION OF THE DEFENDANTS, DONALD PERRY and GERALDINE PERRY.
FOR MEDICAL RECORDS OF SCHG CHARLTON MEMORIAL HOSPITAL FOR
THE PLAINTIFF, DARLENE JENNINGS

 

 

Now come the defendants, Donald Perry and Geraldine Perry, in the above-entitled
matter, and move that they be allowed access to all records of treatment and medical history of
the plaintiff, Darlene (A.) Jennings, pursuant to M.G.L. c. 111, §70, including, but not limited to,
those in the possession of SCHG Charlton Memorial Hospital, 363 Highland Avenue, Fall River,
MA 02720.

As grounds therefore, the defendants state that plaintiff has placed her physical condition
into issue in this matter in her Complaint by alleging that she suffers from bodily injury.
Therefore, the provisions of Massachusetts Rules of Civil Procedure 26(b) apply since plaintiff
has introduced her physical condition as an element of her claim. The defendants believe that
the medical records may reveal a pre-existing symptomology related to her alleged suffering and
that such pre-existing injury is not attributable to any act or failure to act on the part of the

defendants.WHEREFORE, the defendants, Donald Perry and Geraldine Perry, respectfully move
that they be allowed access to the medical records of Darlene (A.) Jennings, and enclose a
proposed order for the above-noted medical care provider.
Respectfully Submitted,

The Defendants,
By Their Attorneys,

HAVERTY&FEENEY

Robert F. ab, #549130

John W. Haverty/BBO #548877
57 Obery Street, Suite 1
Plymouth, MA 02360-2480
(508) 746-6100

hereby certify that a true copy of this document was served upon the attorney of record
for each party by mail.

Dated: Fatales GC o + 6

Robert F. FeeneyG{

COMMONWEALTH OF MASSACHUSETTS

BRISTOL, SS. SUPERIOR COURT DEPT.
C. A. NO. 1673CV01189

DARLENE JENNINGS, _)

Plaintiff, ) BRISTOL. SS SUPERIOR COURT

)

VS ) MAY 26 2017
DONALD PERRY and ) MARC J. SANTOS, ESO.
GERALDINE PERRY, ) CLERK/MAGISTRATE

Defendants. )

AFFIDAVIT IN COMPLIANCE WITH SUPERIOR COURT RULE 9A
I, Robert F. Feeney, do hereby depose and state the following:

1. I am the attorney of record for the defendants, Donald Perry and Geraldine Perry,
in the above-captioned case.

2. I served the Motion of the Defendants, Donald Perry and Geraldine Perry, for
Medical Records of SCHG Charlton Memorial Hospital for the Plaintiff, Darlene Jennings, on
plaintifPs counsel of record, Brian R. Cunha, Esquire, Law Offices of Brian Cunha &
Associates, 311 Pine Street, Fall River, MA 02720, on May 8, 2017.

3. My office has not received an opposition from counsel for plaintiff.

4. The statements contained in this affidavit are made of my knowledge except
insofar as they are stated to be on information and belief. 1 believe the statements made on
information to be true.

SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY THIS zak DAY

OF May, 2017.
Robert F. obs #549130

Haverty & Feeney

57 Obery Street, Suite 1
Plymouth, MA 02360-2480
(508) 746-6100COMMONWEALTH OF MASSACHUSETTS

BRISTOL, SS. SUPERIOR COURT DEPT.
C. A. NO. 1673CV01189

DARLENE JENNINGS,
Plaintiff,

DONALD PERRY and
GERALDINE PERRY,
Defendants.

)
)
)
VS )
)
)
)
)
DOCUMENT TITLE LIST

1. Motion of the Defendants, Donald Perry and Geraldine Perry, for Medical Records of
SCHG Charlton Memorial Hospital for the Plaintiff, Darlene Jennings;

2. Proposed Order; and
3. Affidavit in Compliance with Superior Court Rule 9A.
For the Defendants,

HAVERTY &FEENEY

(ao 3
Robert F. Feeney/BBQ #549130

57 Obery Street, Suite 1
Plymouth, MA 02360-2480
(508) 746-6100

Dated: 6 jus ir