Request,Application: Dudley, Jr., Richard vs. Monopoli, William P. et al

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                             COMMONWEALTH              OF MASSACHUSETTS

BRISTOL,   SS.          BRISTOL. SS FILSUPERIOR SOURAL COURT OF MASSACHUSETTS
                                                   SUPERIOR COURT DIVISION
                               JUL     -§ 2019 CIVIL ACTION NO.: BRCV2013-00103-C
RICHARD DUDLEY,       JR.,   arc J. SANTOS. ESQ)
      Plaintiff,              CLERK/MAGISTRATE )
                                                   )
Vv.                                                )
                                                   )
WILLIAM P. MONOPOLI and
MASSACHUSETTS STATE POLICE, and                    )
COMMERCE INSURANCE COMPANY,                        )
       Defendants                                  )
             PLAINTIFF’S SUPPLEMENTAL PROPOSED JURY INSTRUCTIONS

       The Plaintiff, Richard Dudley, Jr.,    pursuant to Mass.     R. Civ. P. 51(b), respectfully

requests that the following supplemental instructions be given to the jury in this matter.           The

Plaintiff further seeks leave of Court to submit appropriate amendments and supplements to

these requests as issues arise during the trial of this matter.




                                                           e                    \
                                                           Respectfully S brfitted,
                                                           The Plaintiff,
                                                           By his Hg



                                                         Ks
                                                          ison R. Markle,R, Esq. :
                                                             BO# 665875~
                                                           KECHES LAW GROUP, P. 4
                                                           122 Dean Street
                                                           Taunton, Massachusetts
                                                           (508) 822-2000
                                                           Email:   jmarkle@kecheslaw.com
VICARIOUS LIABILITY

INSTRUCTION NO. 29
       An employer, including a police force, is responsible for the negligence of its employees

if the employees were negligent in acting within the scope of their employment, that is, while the

employees were engaged in doing the employer's work.



       Worcester Ins. Co. v. Fells Acres Day School,   Inc., 408 Mass. 393, 404 (1990).



INSTRUCTION NO. 30

       The Defendant in this case is liable for injuries caused by any negligence of its

employees acting within the scope of their employment.    If the negligent acts of the employee is

performed in the course of doing the Defendant’s work or in carrying out the Defendant's

business, then the Defendant is answerable for those negligent acts. Any negligence of an

employee of a police force in the performance of his duties is held in law to be negligence of the

Defendant police force, and the Defendant is liable in damages just as a natural person would

be.



       Douglas   v. Holyoke Machine Co., 233 Mass. 573, 576 (1919).

       Nims v. Mount Herman Boys’ School,      160 Mass. 177, 177-78 (1893).
CAUSATION - PRE-EXISTING CONDITION
INSTRUCTION NO. 31
       A Defendant must take its victim as it finds him, and is liable for all the consequences of

his actions, even when the consequences combine with a pre-existing injury or condition to

bring about a greater harm to the Plaintiff.



        Doty v. Sewall, 908 F.2d 1053 (1st Cir. 1990), applying Massachusetts law and citing

        Commonwealth v. Starling, 382 Mass. 423 (1981).

        Commonwealth v. Giacomazza,         311 Mass. 456, 463 (1942).

       Wallace v. Ludwig, 292 Mass. 251, 256 (1935).
        Freyermuth v. Lutfy, 376 Mass. 612, 618 (1978).

        Restatement (Second) Torts § 461.



INSTRUCTION NO. 32

       The Plaintiff has a right to recover where an injury resulting from the Defendant's

negligence combines with a pre-existing physical condition to bring about greater harm to the

Plaintiff than would have resulted from the injury alone.     In such a situation, the Defendant is

liable for all the consequences of the injury.

        If the injury causes or contributes to a worsening of a pre-existing condition, the person

liable for the injury is also liable for the resulting aggravation of that condition.



        Pierce v. Nawn, 5 Mass. App. Ct. 224, 226 (1977).

        Restatement (Second) Torts, Sec. 461.