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FI, |
COMMONWEALTH OF MASSACHUSETTS
BRISTOL, SS. SUPERIOR COURT DEPARTMENT
CIVIL ACTION NO.: 1773CV00966
JOHN CARREIRO, and )
SHERRIE CARREIRO, )
Plaintiffs, ) BRISTOL. SS SUPERIOR COURT
y FILED
v. )
) AUG 26 2019
JOHN MENDONCA, )
Defendant. ) MARC J SANTOS. ESQ.
) CLERK/MAGISTRATE
AFFIDAVIT OF W. TODD HUSTON, ESQ.
I, W. TODD HUSTON, under oath do depose and state the following:
1am an attorney in good standing in the Commonwealth of Massachusetts.
The information contained herein is within my personal knowledge.
On May 17, 2017, the Plaintiff, John Carreiro, was an employee of Allied Waste
Services of Massachusetts, LLC, which is the date of the alleged accident.
On May 17, 2017, the employer, Allied Waste Services of Massachusetts, LLC,
carried workers’ compensation insurance through Ace American Insurance
Company c/o CCMSI.
The Plaintiff, John Carreiro, currently has a claim for workers’ compensation
pending before the Fall River Regional Office of the Department of Industrial
Accidents (DIA) with a DIA Board No.: 11496-17.
The insurer, Ace American Insurance Company c/o CCMSI, through counsel,
does not agree to the terms of the Petition for Approval of a the Third-Party
Settlement in the instant litigation, as it does not appropriately reimburse the
workers’ compensation insurer for benefits paid to date nor for anticipated
future benefits and medical expenses that continue to be paid, which results in
duplicate payments to the employee.
Ace American Insurance Company c/o CCMSI is not a party to the instant
litigation.8. Mass. R. Civ. P. 24(a)(1) provides that “when a statute of the Commonwealth
confers an unconditional right to intervene” then said party, upon timely
application, may be permitted to intervene.
9. The insurer, Ace American Insurance Company c/o CCMSI, has a statutory
right pursuant to M.G.L. Ch. 152, §15 to be heard prior to a Court’s approval
of the proposed Third-Party Settlement of the instant litigation.
WHEREFORE, I, W. Todd Huston, Esq., submits this affidavit in Support of the
Insurer’s Motion to Intervene in the parties’ Petition for Third-Party Settlement Approval.
Signed under the pains and penalties of perjury this 7" day of.
Sq. (B.B.O. #567267)
Moriarty & Associates, P.C.
33 Waldo Street, Suite 3R
Worcester, MA 01608
(508) 791-9047
toddh@moriartywe.com
Page 2 of 3COMMONWEALTH OF MASSACHUSETTS
BRISTOL, SS.
JOHN CARREIRO, and
SHERRIE CARREIRO,
Plaintiffs,
ve
JOHN MENDONCA,
Defendant.
SUPERIOR COURT DEPARTMENT
CIVIL ACTION NO.: 1773CV00966
ew
ee
I, W. Todd Huston, hereby certify that a true copy of the “Affidavit of W. Todd
Huston, Esq.” was served upon all counsel for the parties of this matter via e-mail and first-
class mail postage pre-paid pursuant to Superior Court Rule 9(A).
Counsel for the Plaintiffs:
J. Michael Conley, Esq.
Kenney & Conley, P.C.
100 Grandview Road, Suite 218
P.O. Box 859139
Braintree, MA 02185-9139
michael@kenneyconley.com
Dated: 08/07/19
Counsel for the Defendant:
Michaela A. Fanning, Esq.
Law Office of Michaela A. Fanning
P.O. Box 920137
Needham, MA 02492
mfanning@ginail.com
Respectfully submitted,
For the Intervenor/Third-Party Plaintiff,
Ace American Insurance Company,
c/o CCMSI,
By its Attorney,
W. Todd Huston>Es¢-B-B-6-
Moriarty & Associates, P.C.
33 Waldo Street, Suite 3R.
Worcester, MA 01608
(508) 791-9047
toddh@moriartywe.com
Page 3 of 3
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FI, | COMMONWEALTH OF MASSACHUSETTS BRISTOL, SS. SUPERIOR COURT DEPARTMENT CIVIL ACTION NO.: 1773CV00966 JOHN CARREIRO, and ) SHERRIE CARREIRO, ) Plaintiffs, ) BRISTOL. SS SUPERIOR COURT y FILED v. ) ) AUG 26 2019 JOHN MENDONCA, ) Defendant. ) MARC J SANTOS. ESQ. ) CLERK/MAGISTRATE AFFIDAVIT OF W. TODD HUSTON, ESQ. I, W. TODD HUSTON, under oath do depose and state the following: 1am an attorney in good standing in the Commonwealth of Massachusetts. The information contained herein is within my personal knowledge. On May 17, 2017, the Plaintiff, John Carreiro, was an employee of Allied Waste Services of Massachusetts, LLC, which is the date of the alleged accident. On May 17, 2017, the employer, Allied Waste Services of Massachusetts, LLC, carried workers’ compensation insurance through Ace American Insurance Company c/o CCMSI. The Plaintiff, John Carreiro, currently has a claim for workers’ compensation pending before the Fall River Regional Office of the Department of Industrial Accidents (DIA) with a DIA Board No.: 11496-17. The insurer, Ace American Insurance Company c/o CCMSI, through counsel, does not agree to the terms of the Petition for Approval of a the Third-Party Settlement in the instant litigation, as it does not appropriately reimburse the workers’ compensation insurer for benefits paid to date nor for anticipated future benefits and medical expenses that continue to be paid, which results in duplicate payments to the employee. Ace American Insurance Company c/o CCMSI is not a party to the instant litigation.8. Mass. R. Civ. P. 24(a)(1) provides that “when a statute of the Commonwealth confers an unconditional right to intervene” then said party, upon timely application, may be permitted to intervene. 9. The insurer, Ace American Insurance Company c/o CCMSI, has a statutory right pursuant to M.G.L. Ch. 152, §15 to be heard prior to a Court’s approval of the proposed Third-Party Settlement of the instant litigation. WHEREFORE, I, W. Todd Huston, Esq., submits this affidavit in Support of the Insurer’s Motion to Intervene in the parties’ Petition for Third-Party Settlement Approval. Signed under the pains and penalties of perjury this 7" day of. Sq. (B.B.O. #567267) Moriarty & Associates, P.C. 33 Waldo Street, Suite 3R Worcester, MA 01608 (508) 791-9047 toddh@moriartywe.com Page 2 of 3COMMONWEALTH OF MASSACHUSETTS BRISTOL, SS. JOHN CARREIRO, and SHERRIE CARREIRO, Plaintiffs, ve JOHN MENDONCA, Defendant. SUPERIOR COURT DEPARTMENT CIVIL ACTION NO.: 1773CV00966 ew ee I, W. Todd Huston, hereby certify that a true copy of the “Affidavit of W. Todd Huston, Esq.” was served upon all counsel for the parties of this matter via e-mail and first- class mail postage pre-paid pursuant to Superior Court Rule 9(A). Counsel for the Plaintiffs: J. Michael Conley, Esq. Kenney & Conley, P.C. 100 Grandview Road, Suite 218 P.O. Box 859139 Braintree, MA 02185-9139 michael@kenneyconley.com Dated: 08/07/19 Counsel for the Defendant: Michaela A. Fanning, Esq. Law Office of Michaela A. Fanning P.O. Box 920137 Needham, MA 02492 mfanning@ginail.com Respectfully submitted, For the Intervenor/Third-Party Plaintiff, Ace American Insurance Company, c/o CCMSI, By its Attorney, W. Todd Huston>Es¢-B-B-6- Moriarty & Associates, P.C. 33 Waldo Street, Suite 3R. Worcester, MA 01608 (508) 791-9047 toddh@moriartywe.com Page 3 of 3