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17
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, ss. TRIAL COURT OF THE COMMONWEALTH
SUPERIOR COURT DEPARTMENT
CIVIL ACTION NO. 1581CV05851-H
JOSEPH BRUCKLER, CAROLYN BRUCKLER
and PETER BRUCKLER,
Plaintiffs,
Vv.
INTHE OFFIGE OF THE
CLERK OF COURTS
FOR TRE COUNTYOF MEDLESEX
ROBERT DEFELICE, in his capacity as
Athletic Director of Bentley University, SEP 19 2016
Defendant/Third Party Plaintiff,
AE,
v.
LZ. eed
TOWN OF WATERTOWN,
Defendant/Third Party Defendant/
Fourth Party Defendant, .
Vv.
BENTLEY UNIVERSITY,
Fourth-Party Defendant.
SECOND AMENDED COMPLAINT AND JURY CLAIM
A. The Action
This is a negligence action brought by Cadet Joseph Bruckler of the United States Military
Academy against Robert DeFelice, Athletic Director of Bentley University, and Town of
Watertown to recover monetary damages for the severe and permanent injuries he sustained on
February 15, 2014 while participating as a member of West Point’s varsity hockey team in a
Division One hockey game against Bentley University at the John A. Ryan Skating Arena in
Watertown, Massachusetts. The plaintiffs, Carolyn Bruckler and Peter Bruckler, have brought
this action against Robert DeFelice for their resultant loss of consortium due to their dependent
son’s serious injuries under M.G.L. c. 231 §85X.
B. The Parties
The plaintiff, Joseph Bruckler, resides at 17 Hampton Avenue in Burlington, County of
Middlesex of this Commonwealth.
The plaintiff, Carolyn Bruckler, resides at 17 Hampton Avenue in Burlington,
Massachusetts and is the mother of the plaintiff, Joseph Bruckler.
The plaintiff, Peter Bruckler, resides at 17 Hampton Avenue in Burlington,
Massachusetts and is the father of the plaintiff, Joseph Bruckler.
The defendant, Robert DeFelice, is the Athletic Director of Bentley University, 175 Forest
Street, Waltham, Massachusetts.
The defendant, Town of Watertown, is a municipal corporation located in Middlesex County of
this Commonwealth and existing under the laws of Massachusetts.
C. General Allegations Applicable to All Counts
On February 15, 2014 and at all relevant times, the defendant, Town of Watertown, owned and
controlled a hockey rink known as the John A. Ryan Skating Arena.
Ata point in time prior to February 15, 2014, Bentley University entered into an agreement with
the Town of Watertown to utilize the John A. Ryan Skating Arena to play its Division One
hockey games at 1 Paramount Place in Watertown, Massachusetts.
On February 15, 2014 and at all relevant times, there was no safety glass placed within the
boards in front of the penalty box areas in the skating arena, thereby exposing the termination.
posts or stanchions located at the ends of the penalty boxes to players on the ice.
10. On February 15, 2014 and at all relevant times, a deficient amount of safety padding was placed
on the exposed termination posts or stanchions for protection thereby exposing players to a
serious risk of injury upon contact.
11 On February 15, 2014, the defendants knew or reasonably should have known of the hazards
presented by the exposed termination posts or stanchions within the penalty boxes especially at
the John A. Ryan Skating Arena, as other players had been injured in a similar fashion.
12. On February 15, 2014 and at all relevant times, the plaintiff was a cadet enrolled at the United
States Military Academy in West Point, New York and a member of the Academy’s Division
One hockey team (“Army”).
13 On February 15, 2014, the defendants, their agents, servants and employees, organized,
arranged and hosted a Division One hockey game between Bentley and Army to be played at
the John A. Ryan Skating Arena.
14. The plaintiff, Cadet Joseph Bruckler, was seriously and permanently injured on February 15,
2014 during the hockey game between Army and Bentley when he impacted the exposed
termination post or stanchion at the end of one of the penalty boxes.
15 On February 14, 2014 and prior thereto, the defendant, Town of Watertown, knew or reasonably
should have known of the hazardous and unsafe condition of the termination posts and
stanchions at its ice rink as well as the lack of safety glass in front of the penalty boxes and,
most significantly, that other hockey players had been injured by these conditions prior to the
plaintiff's accident.
16. At all relevant times, the plaintiff, Joseph Bruckler, was dependent upon his parents, the
plaintiffs, Carolyn Bruckler and Peter Bruckler, for support within the meaning of M.G.L. c.
231 §85X.
17. The plaintiffs duly served a formal notice of claim under Massachusetts General Laws Chapter
258, Section 4 on February 5, 2016 upon the Town of Watertown. A copy of the written
presentment is appended hereto as Exhibit “A”. No response from the Town of Watertown has
been forthcoming.
D. Claims
18. The plaintiffs repeat and reallege all the allegations set forth in the preceding paragraphs
numbered one through and including paragraph number seventeen with full force and effect as if
fully set forth herein.
19. On February 15, 2014 and at all relevant times, the defendants were negligent and careless with
respect to the ownership, selection, inspection, maintenance, upkeep, supervision, oversight, use
and control of the John A. Ryan Skating Arena subjecting hockey players, such as the plaintiff,
to unreasonable risk of serious injury due to the dangerous, hazardous and unsafe condition of
the rink, including the lack of safety glass and the exposed and inadequately protected
termination posts or stanchions at the end of the penalty boxes. Moreover, the defendants failed
to alert or warn the plaintiff of the dangerous, hazardous and unsafe condition of the rink under
circumstances in which the defendants were fully aware of the consequences of the lack of
safety glass and players impacting the exposed termination posts or stanchions within the
penalty boxes.
20. As the direct and proximate result of the defendants’ negligence and carelessness, the plaintiff,
Joseph Bruckler, was caused to sustain severe, grievous and permanent injuries; suffer
significant loss of function and disfigurement; incur substantial cost and expense for medical,
therapeutic and rehabilitative care, treatment and attendance; suffer an impairment to his earning
capacity; suffer great pain of body and anguish of mind, and was otherwise injured.
21 As a further direct and proximate result of the negligence and carelessness of the defendant,
Robert DeFelice, the plaintiffs, Carolyn Bruckler and Peter Bruckler, have suffered a loss of
consortium under M.G.L. c. 231 §85X. The plaintiffs bring this claim against the defendant,
Robert DeFelice, as the Athletic Director of Bentley University, not the Town of Watertown.
E. Relief
22. WHEREFORE, the plaintiffs demand judgment against the defendants in the amount of their
damages together with interest, costs, expenses and as this Honorable Court otherwise deems
just.
JURY CLAIM
THE PLAINTIFFS CLAIM A TRIAL BY JURY
ON ALL ISSUES RAISED BY THIS COMPLAINT
Respectfully submitted,
The Plaintiff,
By his attorneys,
Ldn) th.
(ts
hatte rton, BO #550492
rnorton icm.net
Roger J. Donahue, Jr., BBO #129100
rdonahuet icm.net
GIARRUSSO, NORTON, COOLEY
& McGLONE, P.C.
Marina Bay
308 Victory Road
Quincy,
MA 02171
(617) 770-2900
(617) 773-6934 Fax
Dated: September 12, 2016
CERTIFICATE OF SERVICE
I, Roger J. Donahue, Jr., Esquire, hereby certify that on this 12" day of September 2016, I
served the within document via first class mail, postage prepaid to the following:
Thomas M. Franco, Esq.
Law Office of Thomas M. Franco
99 High Street, 29th Floor
Boston, MA 02110
JohnJ. Davis, Esq.
John M. Wilusz, Esq.
Pierce, Davis & Perritano, LLP
10 Post Office Square, Suite 1100N
Boston, MA 02109
beat)
(Rote ee)
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17 COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss. TRIAL COURT OF THE COMMONWEALTH SUPERIOR COURT DEPARTMENT CIVIL ACTION NO. 1581CV05851-H JOSEPH BRUCKLER, CAROLYN BRUCKLER and PETER BRUCKLER, Plaintiffs, Vv. INTHE OFFIGE OF THE CLERK OF COURTS FOR TRE COUNTYOF MEDLESEX ROBERT DEFELICE, in his capacity as Athletic Director of Bentley University, SEP 19 2016 Defendant/Third Party Plaintiff, AE, v. LZ. eed TOWN OF WATERTOWN, Defendant/Third Party Defendant/ Fourth Party Defendant, . Vv. BENTLEY UNIVERSITY, Fourth-Party Defendant. SECOND AMENDED COMPLAINT AND JURY CLAIM A. The Action This is a negligence action brought by Cadet Joseph Bruckler of the United States Military Academy against Robert DeFelice, Athletic Director of Bentley University, and Town of Watertown to recover monetary damages for the severe and permanent injuries he sustained on February 15, 2014 while participating as a member of West Point’s varsity hockey team in a Division One hockey game against Bentley University at the John A. Ryan Skating Arena in Watertown, Massachusetts. The plaintiffs, Carolyn Bruckler and Peter Bruckler, have brought this action against Robert DeFelice for their resultant loss of consortium due to their dependent son’s serious injuries under M.G.L. c. 231 §85X. B. The Parties The plaintiff, Joseph Bruckler, resides at 17 Hampton Avenue in Burlington, County of Middlesex of this Commonwealth. The plaintiff, Carolyn Bruckler, resides at 17 Hampton Avenue in Burlington, Massachusetts and is the mother of the plaintiff, Joseph Bruckler. The plaintiff, Peter Bruckler, resides at 17 Hampton Avenue in Burlington, Massachusetts and is the father of the plaintiff, Joseph Bruckler. The defendant, Robert DeFelice, is the Athletic Director of Bentley University, 175 Forest Street, Waltham, Massachusetts. The defendant, Town of Watertown, is a municipal corporation located in Middlesex County of this Commonwealth and existing under the laws of Massachusetts. C. General Allegations Applicable to All Counts On February 15, 2014 and at all relevant times, the defendant, Town of Watertown, owned and controlled a hockey rink known as the John A. Ryan Skating Arena. Ata point in time prior to February 15, 2014, Bentley University entered into an agreement with the Town of Watertown to utilize the John A. Ryan Skating Arena to play its Division One hockey games at 1 Paramount Place in Watertown, Massachusetts. On February 15, 2014 and at all relevant times, there was no safety glass placed within the boards in front of the penalty box areas in the skating arena, thereby exposing the termination. posts or stanchions located at the ends of the penalty boxes to players on the ice. 10. On February 15, 2014 and at all relevant times, a deficient amount of safety padding was placed on the exposed termination posts or stanchions for protection thereby exposing players to a serious risk of injury upon contact. 11 On February 15, 2014, the defendants knew or reasonably should have known of the hazards presented by the exposed termination posts or stanchions within the penalty boxes especially at the John A. Ryan Skating Arena, as other players had been injured in a similar fashion. 12. On February 15, 2014 and at all relevant times, the plaintiff was a cadet enrolled at the United States Military Academy in West Point, New York and a member of the Academy’s Division One hockey team (“Army”). 13 On February 15, 2014, the defendants, their agents, servants and employees, organized, arranged and hosted a Division One hockey game between Bentley and Army to be played at the John A. Ryan Skating Arena. 14. The plaintiff, Cadet Joseph Bruckler, was seriously and permanently injured on February 15, 2014 during the hockey game between Army and Bentley when he impacted the exposed termination post or stanchion at the end of one of the penalty boxes. 15 On February 14, 2014 and prior thereto, the defendant, Town of Watertown, knew or reasonably should have known of the hazardous and unsafe condition of the termination posts and stanchions at its ice rink as well as the lack of safety glass in front of the penalty boxes and, most significantly, that other hockey players had been injured by these conditions prior to the plaintiff's accident. 16. At all relevant times, the plaintiff, Joseph Bruckler, was dependent upon his parents, the plaintiffs, Carolyn Bruckler and Peter Bruckler, for support within the meaning of M.G.L. c. 231 §85X. 17. The plaintiffs duly served a formal notice of claim under Massachusetts General Laws Chapter 258, Section 4 on February 5, 2016 upon the Town of Watertown. A copy of the written presentment is appended hereto as Exhibit “A”. No response from the Town of Watertown has been forthcoming. D. Claims 18. The plaintiffs repeat and reallege all the allegations set forth in the preceding paragraphs numbered one through and including paragraph number seventeen with full force and effect as if fully set forth herein. 19. On February 15, 2014 and at all relevant times, the defendants were negligent and careless with respect to the ownership, selection, inspection, maintenance, upkeep, supervision, oversight, use and control of the John A. Ryan Skating Arena subjecting hockey players, such as the plaintiff, to unreasonable risk of serious injury due to the dangerous, hazardous and unsafe condition of the rink, including the lack of safety glass and the exposed and inadequately protected termination posts or stanchions at the end of the penalty boxes. Moreover, the defendants failed to alert or warn the plaintiff of the dangerous, hazardous and unsafe condition of the rink under circumstances in which the defendants were fully aware of the consequences of the lack of safety glass and players impacting the exposed termination posts or stanchions within the penalty boxes. 20. As the direct and proximate result of the defendants’ negligence and carelessness, the plaintiff, Joseph Bruckler, was caused to sustain severe, grievous and permanent injuries; suffer significant loss of function and disfigurement; incur substantial cost and expense for medical, therapeutic and rehabilitative care, treatment and attendance; suffer an impairment to his earning capacity; suffer great pain of body and anguish of mind, and was otherwise injured. 21 As a further direct and proximate result of the negligence and carelessness of the defendant, Robert DeFelice, the plaintiffs, Carolyn Bruckler and Peter Bruckler, have suffered a loss of consortium under M.G.L. c. 231 §85X. The plaintiffs bring this claim against the defendant, Robert DeFelice, as the Athletic Director of Bentley University, not the Town of Watertown. E. Relief 22. WHEREFORE, the plaintiffs demand judgment against the defendants in the amount of their damages together with interest, costs, expenses and as this Honorable Court otherwise deems just. JURY CLAIM THE PLAINTIFFS CLAIM A TRIAL BY JURY ON ALL ISSUES RAISED BY THIS COMPLAINT Respectfully submitted, The Plaintiff, By his attorneys, Ldn) th. (ts hatte rton, BO #550492 rnorton icm.net Roger J. Donahue, Jr., BBO #129100 rdonahuet icm.net GIARRUSSO, NORTON, COOLEY & McGLONE, P.C. Marina Bay 308 Victory Road Quincy, MA 02171 (617) 770-2900 (617) 773-6934 Fax Dated: September 12, 2016 CERTIFICATE OF SERVICE I, Roger J. Donahue, Jr., Esquire, hereby certify that on this 12" day of September 2016, I served the within document via first class mail, postage prepaid to the following: Thomas M. Franco, Esq. Law Office of Thomas M. Franco 99 High Street, 29th Floor Boston, MA 02110 JohnJ. Davis, Esq. John M. Wilusz, Esq. Pierce, Davis & Perritano, LLP 10 Post Office Square, Suite 1100N Boston, MA 02109 beat) (Rote ee)