On June 16, 2016 a
Clerk Notice
was filed
involving a dispute between
S.I.Services,Inc.,
and
Frangioso, Ralph,
for Torts
in the District Court of Middlesex County.
Preview
9
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, ss. SUPERIOR COURT DEPARTMENT
DOCKET NO.: 1681 CV 01725 UH
)
$.1. SERVICES, INC. +)
PLAINTIFF )
vs. ) 9/22/2020
)
RALPH FRANGIOSO )
DEFENDANT )
RECEIVE
ASSENTED TO MOTION TO BIFURCATE TRIAL
Now come the parties and respectfully move this Court for an Order bifurcating the trial
in order to first address the single issue of whether the three year statute of limitations for torts
bars the Plaintiffs claims. All of the Plaintiff's claims sound in tort and a bar of those claims
would dispose of the Complaint. In further support, the parties have agreed to a jury waived trial
for the statute of limitations issues. This would allow the Court to potentially dispose of this
matter despite the ongoing pandemic. Neither party is willing to relinquish its jury trial rights in
the remaining claims should they survive the statute of limitations challenge. Considering the
complexity of the case currently scheduled for 7 jury trial days, a substantial savings of both
court time as well as the parties’ resources would be realized if the statute of limitations issues is
handled prior to the jury trial.
1 STATUTE OF LIMITATIONS ISSUES
A. Summary Judgment was not appropriate
Both parties state that there is a significant threshold issue for this Court to determine:
whether there has been a violation of the Statute of Limitations in this matter by the Plaintiff.
The Defendant believes that the evidence would show that the filing was beyond the Statute of
Limitations, while the Plaintiff believes that the evidence would show the opposite. Based upon
this disputed material fact, summary judgment could not be awarded.
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9 COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss. SUPERIOR COURT DEPARTMENT DOCKET NO.: 1681 CV 01725 UH ) $.1. SERVICES, INC. +) PLAINTIFF ) vs. ) 9/22/2020 ) RALPH FRANGIOSO ) DEFENDANT ) RECEIVE ASSENTED TO MOTION TO BIFURCATE TRIAL Now come the parties and respectfully move this Court for an Order bifurcating the trial in order to first address the single issue of whether the three year statute of limitations for torts bars the Plaintiffs claims. All of the Plaintiff's claims sound in tort and a bar of those claims would dispose of the Complaint. In further support, the parties have agreed to a jury waived trial for the statute of limitations issues. This would allow the Court to potentially dispose of this matter despite the ongoing pandemic. Neither party is willing to relinquish its jury trial rights in the remaining claims should they survive the statute of limitations challenge. Considering the complexity of the case currently scheduled for 7 jury trial days, a substantial savings of both court time as well as the parties’ resources would be realized if the statute of limitations issues is handled prior to the jury trial. 1 STATUTE OF LIMITATIONS ISSUES A. Summary Judgment was not appropriate Both parties state that there is a significant threshold issue for this Court to determine: whether there has been a violation of the Statute of Limitations in this matter by the Plaintiff. The Defendant believes that the evidence would show that the filing was beyond the Statute of Limitations, while the Plaintiff believes that the evidence would show the opposite. Based upon this disputed material fact, summary judgment could not be awarded. a[23| 2220, sale cn the pertres are in Meek and foe ePerencs ms nt hecauce fhe hres tnd on the cla een ow er ei ae rs allo Pe &1 A SSG 00 ‘lol, 7 el hall seal «6 Wel oh (ne GUTE AGG TSS . Zen Zz. cat 4helnore