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COMMONWEALTH OF MASSACHUSETTS Dep + Chek
MIDDLESEX, ss. SUPERIOR COURT
C.A. No. 1781CV00814-L2
Pk
JUSTIN URBAN,
Plaintiff
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JOINT PRE-TRIAL MEMORANDUM fro hy
1, AGREED FACTS
Vv.
KEITH WESTON and INTERSTATE
ELECTRICIAL SERVICES CORP.,
Defendants
On September 12, 2014 the plaintiff was operating a motorcycle traveling south on
Boston Road in Billerica, Massachusetts. Defendant, Keith Weston, was operating a van leased
by defendant, Interstate Electrical Services Corp., in the course and scope of his employment
with Electrical Services Corp. At or near the intersection of Boston Road and Treble Cove Road,
the plaintiffs motorcycle and defendants’ van contacted each other, causing damage to both the
van and the motorcycle, and injuring the plaintiff.
2. STATEMENT OF THE FACTS
PLAINTIFF
The plaintiff expects the evidence to show that on September 12, 2014, he was 22-years-
old and was lawfully traveling south of Boston Road in Billerica, Massachusetts at
approximately 7 A.M. on his way to work. He was operating his Kawasaki motorcycle. The
weather was clear, and the roads were dry. As he approached the intersection of Boston Road
and Treble Cove Road, he was in the left of the two lanes traveling south. From that lane,
vehicles can make a left turn or continue straight. The plaintiff had a green light to continue
straight through the intersection, and despite the traffic being stopped in the lane to his right,
there were no vehicles ahead of him in the left lane. As he proceeded into the intersection, the
van operated by the defendant, Keith Weston, attempted to make a left turn in front of the
plaintiff, striking the plaintiff with the front driver side of the van. The plaintiff was knocked off
of his motorcycle and suffered severe personal injuries.
¢80285781.1}The plaintiff expects the evidence to show that independent witness, Annmarie Richards
(“Richards”), the driver of the vehicle immediately to the right of the plaintiff as he entered the
intersection, contradicts much of defendant Keith Weston’s (“Weston”) testimony in this case.
Richards was stopped at the intersection and waved Weston to make the left turn. The traffic in
front of Richards was stopped, and even though she had a green light, she could not proceed
through the intersection. Therefore, she stopped at the stop line, leaving enough room for
Weston to turn left in front of her between her vehicle and the vehicle that was further along in
her lane of travel.
The evidence will show that Richards’ testimony is unwavering in the fact that Weston
was moving at the time of the accident. She estimates him traveling between 5-10 mph
(consistent with the statements she gave in the days following the accident). She testified that
Weston’s van was enough into his turn at the time of impact to “really hit that bike
significantly.” She also corroborates plaintiff's testimony that there were no cars to her left for
the 30 seconds she was stopped at the intersection until plaintiff's motorcycle went by her. This
testimony completely contradicts Weston’s testimony that he was at the intersection for 10
seconds and saw a red pick-up truck make a left turn in the lane in which Urban was traveling.
The evidence will show that Richards also has Weston across and into the plaintiff's lane
of travel at the time of impact. Richards also clearly testified that the police report filed for this
accident was inaccurate as it had a vehicle next to her, which did not exist at the time of the .
accident. She also clarified that she did not see the plaintiff weaving between vehicles, that it
would have been impossible for him to do so given the traffic conditions.
The evidence will show that Weston also testified that there was a 10 second interval
between when he was waved on by Richards and the time of the accident. Weston during this
time was looking at Richards and the vehicle in front of her that he though was preventing him
from making his left turn. When asked about oncoming traffic from Urban’s lane, Weston
testified he, “wasn’t paying attention to them — I was looking at her (Richards)”.
The evidence will show that Weston was trying to make his left turn, started to make it
thinking he could get through, was focused on the Richards vehicle and the one in front of her,
and was not paying attention to oncoming traffic in the plaintiff's left lane. He admits he hadn’t
looked at Urban’s lane in 10 seconds. As Weston accelerated without looking for oncoming
traffic into the lane that had the right of way, the plaintiff was now there, and the accident
occurred. The plaintiff had no time to react (but for a last second attempt to move a bit to the
right) as he had no indication Weston was going to move into his path.
The evidence will show that the plaintiff suffered 1 suffered multiple traumatic
injuries, including, blunt chest trauma resulting in splenic and kidney lacerations along with a liver
contusion; left hip fracture/dislocation with displaced posterior acetabular wall fracture; Type 1
open left displaced humeral shaft fracture; traumatic hand laceration, closed displaced Monteggia
fracture-dislocation,; Type 3C open displaced left tibia/fibula fracture, traumatic left hind foot
wound, traumatic left radial nerve palsy and L3 right transverse process fracture.
As a result of his medical treatment, the plaintiff has incurred $318,639.29 in medical bills.
(B0285781.1) 2The evidence will show that as a result of the injuries he sustained, the plaintiff was out
of work for a total approximate period of 42 weeks. The evidence will show that at the time of
the incident, the plaintiffs earning capacity was approximately $600.00 per week.
DEFENDANTS
The Defendants wil! demonstrate that the van being operated by Keith Weston was stopped
at the time of the accident. Conversely, the evidence will demonstrate that the plaintiff entered the
intersection recklessly and at a high rate of speed for the traffic conditions causing the accident.
By the Plaintiff's own admission he entered the congested intersection during rush hour at a speed
of 20-30, acknowledging that““30 would be very fast for that highway there.” An objective
witness, Ann Marie Richards, estimated the plaintiff was travelling at about 30-40 miles per hour.
In short, the evidence will show that the speed at which Mr. Urban was travelling and the
manner in which he was shifting lanes caused the accident. Mr. Urban remained under a statutory
duty to operate his motorcycle at a speed that was reasonable and proper. Pursuant to G.L. 90 §
17, “no person operating a motor vehicle on any way shall run it at a rate of speed greater than is
reasonable and proper, having regard to traffic and the use of the way and the safety of the public
. .. notwithstanding [the] establishment of a speed limit, every person operating a motor vehicle
shall decrease the speed of the same when a special hazard exists with respect to pedestrians or
other traffic, or by reason of weather or highway conditions.” The evidence establishes that Mr.
Urban entered the intersection at a rate of speed that was entirely unsafe, causing the accident.
Here, the fact that Mr. Urban’s motorcycle exploded upon impact provides conclusive evidence of
his extremely fast and unreasonable speed as he proceeded through the congested intersection.
3. AGREED DESCRIPTION OF THE CASE
On September 12, 2014 the plaintiff was operating a motorcycle traveling south on
Boston Road in Billerica, Massachusetts. Defendant, Keith Weston, was operating a van leased
by defendant, Electrical Services Corp., in the course and scope of his employment with
Electrical Services Corp. At or near the intersection of Boston Road and Treble Cove Road, the
plaintiff's motorcycle and defendants’ van contacted each other, causing damage to both the van
and the motorcycle, and injuring the plaintiff. The Defendants deny they acted negligently and
dispute the nature and extent of the Plaintiff's injuries.
4. SIGNIFICANT LEGAL ISSUES
The parties do not at this point anticipate any unusual issues. The parties agree that the
usual principles of Massachusetts law apply.
(80285781.1) 35. WITNESSES
PLAINTIFEF’S
The plaintiff may call the following witnesses:
Justin Urban - plaintiff
Interstate Electrical Services Corp., 30(b)(6) designee
Keith Weston - defendant
Annmarie Richards — 1401 Pawtucket Blvd., Lowell, MA
Robert Michalik — 8 Louis Street, Tyngsborough, MA
Alec Johnston — 186 Boston Road, Billerica, MA
Lera Porter — 16 Dartmouth Drive, Billerica, MA
Keepers of the Records of the Plaintiff's medical providers, including Lahey Clinic,
Tewksbury Hospital, and Northeast Rehabilitation.
PRoo nese
The plaintiff reserves the right to call any of the witnesses identified by the defendants as
though each were fully listed herein, and adopts and incorporates by reference the Defendants’
witness lists. The plaintiff further reserves the right to amend and supplement this witness list,
and to call any rebuttal witnesses as may become necessary.
DEFENDANTS’
The Defendants incorporate by reference any and all witnesses (lay or expert) listed by
the Plaintiff in this case and adds the following witnesses.
i. Robert T. Moran, Billerica Police Department
j. Richard S. McLaughlin, home address unknown.
The defendant objects and moves to strike, Lera Porter as a witness to be called at trial.
Lera Porter has not been previously identified as a witness with discoverable information in this
litigation and has been identified for the first time in this Pre-Trial Memorandum. To the extent
the Court will not strike Lera Porter as a trial witness, the defendant requests an opportunity to
depose Lera Porter.
In addition, the Defendants reserve the right to call any person with knowledge of admissible
facts discovered prior to or during trial, and rebuttal witnesses if any, and to refrain from calling
any witnesses identified. The Defendants reserve the right to read into evidence portions of any
deposition taken in the instant action of any witness who is unavailable for trial, insofar as
permitted by Massachusetts’ law and the Massachusetts Rules of Civil Procedure. The
Defendants reserve the right to supplement this witness list.
¢80285781.1) 46. EXPERT WITNESSES
PLAINTIFF’S
a. The plaintiff may call collision analysis expert, Kerry A. Alvino. Ms. Alvino would be
expected to testify consistent with her expert report which has been produced to the
defendants and is incorporated by reference herein.
b. The plaintiff will introduce evidence from his physicians as to diagnosis, treatment, and
prognosis, via Section 79G of Chapter 233.
c. The plaintiff may call Orthopaedic Surgeon, Dr. David C. Morley, Jr., who would be
expected to testify consistent with the opinions found in his September 8, 2016 report
which has been provided to the defendants. The plaintiff may be seen by Dr. Morley prior
to trial to update his current status.
d. The plaintiff reserves the right to call his treating physicians and surgeons as experts in this
matter. The plaintiff further reserves the right to supplement this list prior to the trial of this
matter.
DEFENDANTS’
The Defendants will move to strike the Plaintiffs “collision analysis expert” Kerry Lee
Alvino. The defendants intend to challenge the adequacy of Ms. Alvno’s report. Further, the report
does not comply with the requirements of expert disclosures, pursuant to Mass R. Civ P. 26 or
Superior Court Rule 30B.
Similarly, the Defendants will move to strike Dr. David C. Morley as an expert witness.
The defendants will challenge the adequacy of Dr. Morley’s findings and conclusions and move
to strike his opnions. In addition, Dr. Morley did not provide an expert disclosure in compliance
with the Massachusetts Rules of Civil Procedure and Superior Court Rule 30B.
The Defendants reserve its rights under Mass. G. L. c. 233, § 79G to conduct cross-
examination of any medical experts whose opinions are offered via certification of records, either
by subpoenaing such experts to trial or by conducting their audio-visual depositions in advance of
trial. Moreover, the Defendants reserve the right to call all medical, nursing and other health care
professional providers whose names appear in the relevant medical records, including the keeper
of records, of any medical provider that has administered relevant medical treatment to the
Plaintiff.
Further, the Defendants reserves the right to supplement this list and designate expert
witnesses prior to trial.
(B0285781.1) 57. ESTIMATED LENGTH OF TRIAL
Following the court’s usual trial schedule of 9am—1ipm, approximately 4-6 days.
8. ITEMIZATION OF SPECIAL DAMAGES
PLAINTIFF
Medical Bills: $318,639.29
Lost wages: $25,000.00
TOTAL $343,639.29
9. CERTIFICATION OF COUNSEL
The parties recently engaged in private mediation without success.
The Plaintiff,
JUSTIN URBAN,
By his Attomeys,
Richard J. Sullivas% Esq., BBO# 554085
Emest J. Palazzolo, Jr., BBO# 637443
SULLIVAN & SULLIVAN, LLP
83 Walnut Street
Wellesley, MA 02481
(781) 263-9400
rsullivan@sullivan!lp.com
epalazzolo@sullivanllp.com
Dated: January 29, 2019
$80285781.1)
‘The Defendants,
KEITH WESTON and INTERSTATE
ELECTRICAL SERVICE CORP.,
By their Attorneys,
BOYLE | SHAUGBNESSY LAW, P.C.
695 Atlantic Averfue, 11" Floor
Boston, MA 02111
(617) 451-2000
scarroll@boyleshaughnessy.com
cbulger@boyleshaughnessy.com
Preview
\o Beat faa foo COMMONWEALTH OF MASSACHUSETTS Dep + Chek MIDDLESEX, ss. SUPERIOR COURT C.A. No. 1781CV00814-L2 Pk JUSTIN URBAN, Plaintiff feafes Akby haariag, th & howrbs GRIER EO a B(lawe! ay rdlienr Mm fame md “hour nataked fo vere dye chal Ge Keo efrf4 The Gur. aNl curwhel & Amal frvrel conkerance ON Bfiz/1e af Titel shel Leg an Geifeq, ah gam. JOINT PRE-TRIAL MEMORANDUM fro hy 1, AGREED FACTS Vv. KEITH WESTON and INTERSTATE ELECTRICIAL SERVICES CORP., Defendants On September 12, 2014 the plaintiff was operating a motorcycle traveling south on Boston Road in Billerica, Massachusetts. Defendant, Keith Weston, was operating a van leased by defendant, Interstate Electrical Services Corp., in the course and scope of his employment with Electrical Services Corp. At or near the intersection of Boston Road and Treble Cove Road, the plaintiffs motorcycle and defendants’ van contacted each other, causing damage to both the van and the motorcycle, and injuring the plaintiff. 2. STATEMENT OF THE FACTS PLAINTIFF The plaintiff expects the evidence to show that on September 12, 2014, he was 22-years- old and was lawfully traveling south of Boston Road in Billerica, Massachusetts at approximately 7 A.M. on his way to work. He was operating his Kawasaki motorcycle. The weather was clear, and the roads were dry. As he approached the intersection of Boston Road and Treble Cove Road, he was in the left of the two lanes traveling south. From that lane, vehicles can make a left turn or continue straight. The plaintiff had a green light to continue straight through the intersection, and despite the traffic being stopped in the lane to his right, there were no vehicles ahead of him in the left lane. As he proceeded into the intersection, the van operated by the defendant, Keith Weston, attempted to make a left turn in front of the plaintiff, striking the plaintiff with the front driver side of the van. The plaintiff was knocked off of his motorcycle and suffered severe personal injuries. ¢80285781.1}The plaintiff expects the evidence to show that independent witness, Annmarie Richards (“Richards”), the driver of the vehicle immediately to the right of the plaintiff as he entered the intersection, contradicts much of defendant Keith Weston’s (“Weston”) testimony in this case. Richards was stopped at the intersection and waved Weston to make the left turn. The traffic in front of Richards was stopped, and even though she had a green light, she could not proceed through the intersection. Therefore, she stopped at the stop line, leaving enough room for Weston to turn left in front of her between her vehicle and the vehicle that was further along in her lane of travel. The evidence will show that Richards’ testimony is unwavering in the fact that Weston was moving at the time of the accident. She estimates him traveling between 5-10 mph (consistent with the statements she gave in the days following the accident). She testified that Weston’s van was enough into his turn at the time of impact to “really hit that bike significantly.” She also corroborates plaintiff's testimony that there were no cars to her left for the 30 seconds she was stopped at the intersection until plaintiff's motorcycle went by her. This testimony completely contradicts Weston’s testimony that he was at the intersection for 10 seconds and saw a red pick-up truck make a left turn in the lane in which Urban was traveling. The evidence will show that Richards also has Weston across and into the plaintiff's lane of travel at the time of impact. Richards also clearly testified that the police report filed for this accident was inaccurate as it had a vehicle next to her, which did not exist at the time of the . accident. She also clarified that she did not see the plaintiff weaving between vehicles, that it would have been impossible for him to do so given the traffic conditions. The evidence will show that Weston also testified that there was a 10 second interval between when he was waved on by Richards and the time of the accident. Weston during this time was looking at Richards and the vehicle in front of her that he though was preventing him from making his left turn. When asked about oncoming traffic from Urban’s lane, Weston testified he, “wasn’t paying attention to them — I was looking at her (Richards)”. The evidence will show that Weston was trying to make his left turn, started to make it thinking he could get through, was focused on the Richards vehicle and the one in front of her, and was not paying attention to oncoming traffic in the plaintiff's left lane. He admits he hadn’t looked at Urban’s lane in 10 seconds. As Weston accelerated without looking for oncoming traffic into the lane that had the right of way, the plaintiff was now there, and the accident occurred. The plaintiff had no time to react (but for a last second attempt to move a bit to the right) as he had no indication Weston was going to move into his path. The evidence will show that the plaintiff suffered 1 suffered multiple traumatic injuries, including, blunt chest trauma resulting in splenic and kidney lacerations along with a liver contusion; left hip fracture/dislocation with displaced posterior acetabular wall fracture; Type 1 open left displaced humeral shaft fracture; traumatic hand laceration, closed displaced Monteggia fracture-dislocation,; Type 3C open displaced left tibia/fibula fracture, traumatic left hind foot wound, traumatic left radial nerve palsy and L3 right transverse process fracture. As a result of his medical treatment, the plaintiff has incurred $318,639.29 in medical bills. (B0285781.1) 2The evidence will show that as a result of the injuries he sustained, the plaintiff was out of work for a total approximate period of 42 weeks. The evidence will show that at the time of the incident, the plaintiffs earning capacity was approximately $600.00 per week. DEFENDANTS The Defendants wil! demonstrate that the van being operated by Keith Weston was stopped at the time of the accident. Conversely, the evidence will demonstrate that the plaintiff entered the intersection recklessly and at a high rate of speed for the traffic conditions causing the accident. By the Plaintiff's own admission he entered the congested intersection during rush hour at a speed of 20-30, acknowledging that““30 would be very fast for that highway there.” An objective witness, Ann Marie Richards, estimated the plaintiff was travelling at about 30-40 miles per hour. In short, the evidence will show that the speed at which Mr. Urban was travelling and the manner in which he was shifting lanes caused the accident. Mr. Urban remained under a statutory duty to operate his motorcycle at a speed that was reasonable and proper. Pursuant to G.L. 90 § 17, “no person operating a motor vehicle on any way shall run it at a rate of speed greater than is reasonable and proper, having regard to traffic and the use of the way and the safety of the public . .. notwithstanding [the] establishment of a speed limit, every person operating a motor vehicle shall decrease the speed of the same when a special hazard exists with respect to pedestrians or other traffic, or by reason of weather or highway conditions.” The evidence establishes that Mr. Urban entered the intersection at a rate of speed that was entirely unsafe, causing the accident. Here, the fact that Mr. Urban’s motorcycle exploded upon impact provides conclusive evidence of his extremely fast and unreasonable speed as he proceeded through the congested intersection. 3. AGREED DESCRIPTION OF THE CASE On September 12, 2014 the plaintiff was operating a motorcycle traveling south on Boston Road in Billerica, Massachusetts. Defendant, Keith Weston, was operating a van leased by defendant, Electrical Services Corp., in the course and scope of his employment with Electrical Services Corp. At or near the intersection of Boston Road and Treble Cove Road, the plaintiff's motorcycle and defendants’ van contacted each other, causing damage to both the van and the motorcycle, and injuring the plaintiff. The Defendants deny they acted negligently and dispute the nature and extent of the Plaintiff's injuries. 4. SIGNIFICANT LEGAL ISSUES The parties do not at this point anticipate any unusual issues. The parties agree that the usual principles of Massachusetts law apply. (80285781.1) 35. WITNESSES PLAINTIFEF’S The plaintiff may call the following witnesses: Justin Urban - plaintiff Interstate Electrical Services Corp., 30(b)(6) designee Keith Weston - defendant Annmarie Richards — 1401 Pawtucket Blvd., Lowell, MA Robert Michalik — 8 Louis Street, Tyngsborough, MA Alec Johnston — 186 Boston Road, Billerica, MA Lera Porter — 16 Dartmouth Drive, Billerica, MA Keepers of the Records of the Plaintiff's medical providers, including Lahey Clinic, Tewksbury Hospital, and Northeast Rehabilitation. PRoo nese The plaintiff reserves the right to call any of the witnesses identified by the defendants as though each were fully listed herein, and adopts and incorporates by reference the Defendants’ witness lists. The plaintiff further reserves the right to amend and supplement this witness list, and to call any rebuttal witnesses as may become necessary. DEFENDANTS’ The Defendants incorporate by reference any and all witnesses (lay or expert) listed by the Plaintiff in this case and adds the following witnesses. i. Robert T. Moran, Billerica Police Department j. Richard S. McLaughlin, home address unknown. The defendant objects and moves to strike, Lera Porter as a witness to be called at trial. Lera Porter has not been previously identified as a witness with discoverable information in this litigation and has been identified for the first time in this Pre-Trial Memorandum. To the extent the Court will not strike Lera Porter as a trial witness, the defendant requests an opportunity to depose Lera Porter. In addition, the Defendants reserve the right to call any person with knowledge of admissible facts discovered prior to or during trial, and rebuttal witnesses if any, and to refrain from calling any witnesses identified. The Defendants reserve the right to read into evidence portions of any deposition taken in the instant action of any witness who is unavailable for trial, insofar as permitted by Massachusetts’ law and the Massachusetts Rules of Civil Procedure. The Defendants reserve the right to supplement this witness list. ¢80285781.1) 46. EXPERT WITNESSES PLAINTIFF’S a. The plaintiff may call collision analysis expert, Kerry A. Alvino. Ms. Alvino would be expected to testify consistent with her expert report which has been produced to the defendants and is incorporated by reference herein. b. The plaintiff will introduce evidence from his physicians as to diagnosis, treatment, and prognosis, via Section 79G of Chapter 233. c. The plaintiff may call Orthopaedic Surgeon, Dr. David C. Morley, Jr., who would be expected to testify consistent with the opinions found in his September 8, 2016 report which has been provided to the defendants. The plaintiff may be seen by Dr. Morley prior to trial to update his current status. d. The plaintiff reserves the right to call his treating physicians and surgeons as experts in this matter. The plaintiff further reserves the right to supplement this list prior to the trial of this matter. DEFENDANTS’ The Defendants will move to strike the Plaintiffs “collision analysis expert” Kerry Lee Alvino. The defendants intend to challenge the adequacy of Ms. Alvno’s report. Further, the report does not comply with the requirements of expert disclosures, pursuant to Mass R. Civ P. 26 or Superior Court Rule 30B. Similarly, the Defendants will move to strike Dr. David C. Morley as an expert witness. The defendants will challenge the adequacy of Dr. Morley’s findings and conclusions and move to strike his opnions. In addition, Dr. Morley did not provide an expert disclosure in compliance with the Massachusetts Rules of Civil Procedure and Superior Court Rule 30B. The Defendants reserve its rights under Mass. G. L. c. 233, § 79G to conduct cross- examination of any medical experts whose opinions are offered via certification of records, either by subpoenaing such experts to trial or by conducting their audio-visual depositions in advance of trial. Moreover, the Defendants reserve the right to call all medical, nursing and other health care professional providers whose names appear in the relevant medical records, including the keeper of records, of any medical provider that has administered relevant medical treatment to the Plaintiff. Further, the Defendants reserves the right to supplement this list and designate expert witnesses prior to trial. (B0285781.1) 57. ESTIMATED LENGTH OF TRIAL Following the court’s usual trial schedule of 9am—1ipm, approximately 4-6 days. 8. ITEMIZATION OF SPECIAL DAMAGES PLAINTIFF Medical Bills: $318,639.29 Lost wages: $25,000.00 TOTAL $343,639.29 9. CERTIFICATION OF COUNSEL The parties recently engaged in private mediation without success. The Plaintiff, JUSTIN URBAN, By his Attomeys, Richard J. Sullivas% Esq., BBO# 554085 Emest J. Palazzolo, Jr., BBO# 637443 SULLIVAN & SULLIVAN, LLP 83 Walnut Street Wellesley, MA 02481 (781) 263-9400 rsullivan@sullivan!lp.com epalazzolo@sullivanllp.com Dated: January 29, 2019 $80285781.1) ‘The Defendants, KEITH WESTON and INTERSTATE ELECTRICAL SERVICE CORP., By their Attorneys, BOYLE | SHAUGBNESSY LAW, P.C. 695 Atlantic Averfue, 11" Floor Boston, MA 02111 (617) 451-2000 scarroll@boyleshaughnessy.com cbulger@boyleshaughnessy.com