Motion-Secondary: Silver, Glenford vs. Kirgiz Realty, LLC

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THE COMMONWEALTH OF MASSACHUSETTS

 

 

 

 

 

MIDDLESEX, ss. Superior Court
Civil Action No.: 14-08312-F
) FILED
GLENFORD SILVER, ) CLERK OF COURT
) FORTHE SouNors MIDDLESEX
Plaintiff )
) FEB 6 2017
v. )
) Oma
KIRGIZ REALTY, LLC } eh
Defendant )
)

 

DEFENDANT'S PRETRIAL MEMORANDUM
I, STATEMENT OF FACTS

At the time of the incident alleged in the complaint, plaintifs was an employee Yourelo
‘Your Full-Service Relocation Corporation, a Massachusetts corporation (“Yourelo”), at
premises used by Yourelo which conducted business as Gentle Movers.
At that time, title to the premises stood in the name of Kirgiz Realty, LLC (“Kirgiz”).
Kirgiz is a wholly owned subsidiary of Yourelo which was dissolved prior to the
accident. Kirgiz’s assets have all been transferred to its sole member and 100% owner,
‘Yourelo.
Defendant’s manager worked for approximately 8 hours with the plaintiff at the premises
on the date of the alleged incident, and then drove him back to Boston. Plaintiff appeared
well, and did not mention an accident or injury.
Plaintiff later filed a worker’s compensation claim against Yourelo and collected a

payment.

Lof4IL, STATEMENTS REGARDING EXPECTED EVIDENCE

A, Plaintiff's Expected Evidence

Although requested to provide information for a memorandum, Plaintiff has provided no

information regarding his expected evidence.
B. Defendant’s Expected Evidence

1. Defendant’s manager is expected to testify that he worked for approximately 8 hours with
the plaintiff at the premises on the date of the alleged incident, and then drove him back
to Boston. Plaintiff appeared well, and did not mention an accident or injury

2, Dr. Richard W. Warnock conducted an independent medical exam and states that after
visiting the emergency room on May 30, 2012 and June 4, 2012, , the plaintiff left the
country for a period of time, and there is no record of treatment until approximately 17
months later On October 9, 2013. On June 2, 2014, he was in a motor vehicle accident.
On June 27, 2014 he was in a second motor vehicle accident. In the fall, the plaintiff
aggravated resisting cervical and lumbar spondylosis. Treatment after June, 2014 is

related to the motor vehicle accidents.

Iii. AGREED SUGGESTED DESCRIPTION OF CASE TO BE READ TO THE JURY

Not applicable.

IV. STATEMENT OF SIGNIFICANT LEGAL ISSUES

1, Subject Matter Jurisdiction. Defendant maintains that the Court lacks subject matter
jurisdiction, as Yourelo and Kirgiz were both employers engaged in a joint enterprise, as
set forth more fully in a pending motion to dismiss.

2. Negligence. Defendant maintains that it was not negligent and that plaintiff was negligent.

20f 43. Causation, Defendant maintains that damages, if any, were not caused by a fall at the
premises.

4. Damages. Defendant denies damages.

V. PARTIES’ WITNESSES
A. Plaintiff’s Witnesses

Defendant has no knowledge.

B. Defendant’s Witnesses

Sefer Ozdemir, manager, Kirgiz and Yourelo.
Dr. Richard Warnock.
Defendant reserves the right to call other witnesses for rebuttal, or regarding matters raised

by plaintiff in its memorandum.

VIE. ESTIMATED LENGTH OF TRIAL
Unknown at present.
VOU. SPECIAL OR LIQUIDATED DAMAGES

Unknown at present.

IX. CERTIFICATION BY COUNSEL

Counsel for the defendant certifies that he has conferred with his client regarding settlement and
alternate dispute resolution. Defendant has concluded that there is no reasonable possibility of
settlement and that this case is not amenable to mediation or other forms of alternate dispute

resolution.

3 of 4Respectfully submitted,
Kirgiz Realty, LLC

 

Richardson and Tyler, LLP
3 Cabot Place, Suite 9
Stoughton, MA 02072
781-341-0000

jklements@rtlegal.com
BBO 275060

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