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COMMONWEALTH OF MASSACHUSETTS
WORCESTER, SS. SUPERIOR COURT DEPT.
OF THE TRIAL COURT
CIVIL ACTION
NO. 2085-CV-1398
GABRIELLE GEDMAN
PLAINTIFF
FILED
VS.
JAN 25 2921
Ae il M, usm
DANA PIC] AND KARA PICI )
DEFENDANTS )
DEFENDANTS’ ANSWER & CLAIM OF JURY TRIAL
I. PARTIES
1, Defendants admit the allegations contained in paragraph 1 of plaintif?’s
bh
complaint.
2. Defendants admit the allegations contained in paragraph 2 of plaintiff's
complaint.
3. Defendants admit the allegations contained in paragraph 3 of plaintiff's
+>
complaint.
Il. FACTS
4. Defendants admit the allegations contained in paragraph 4 of plaintif? 8
complaint.
5. Defendants admit the allegations contained in paragraph 5 of plaintiff's
complaint.
6. Defendants admit the allegations contained in paragraph 6 of plaintiff's
complaint.
7. Defendants deny the allegations contained in paragraph 7 of'plaintiff*
complaint. .
8. Defendants deny the allegations contained in paragraph 8 of plaintiff's
complaint.
9. Defendants deny the allegations contained in paragraph 9 of plaintiff's
complaint
10. Defendants deny the allegations contained in paragraph 10 of plaintiff's
complaint.
11. Defendants deny the allegations contained in paragraph 11 of plaintiff’s
complaint
12. Defendants deny the allegations contained in paragraph 12 of plaintiff's
complaint.
13. Defendants deny the allegations contained in paragraph 13 of plaintiff's
complaint.
14. Defendants deny the allegations contained in paragraph 14 of plaintiff's
complaint as phrased.
15. Defendants deny the allegations contained in paragraph 15 of plaintiff's
complaint
16. Defendants deny the allegations contained in paragraph 16 of plaintiff's
complaint.
17. Defendants deny the allegations contained in paragraph 17 of plaintiff's
complaint.
COUNT I
(GABRIELLE GEDMAN V. DANA PICI)
(Strict Liability -M.G.L. c. 140, §155)
18. Defendants repeat their answers to paragraphs | through 17 of plaintiff's
complaint.
19, Defendants admit the allegations contained in paragraph 19 of plaintiff's
complaint,
20. Defendants admit the allegations contained in paragraph 20 of plaintiff’ s
complaint.
21. Defendants deny the allegations contained in paragraph 21 of plaintiff's
complaint as phrased.
2-
22. Defendants deny the allegations contained in paragraph 22 of plaintiff's
complaint.
23. Defendants deny the allegations contained in paragraph 23 of plaintiff's
complaint.
24. Defendants deny the allegations contained in paragraph 24 of plaintiff's
complaint,
COUNT II
(GABRIELLE GEDMAN V. KARA PICI)
(Strict Liability - M.G.L. c. 140, §155)
25. Defendants repeat their answers to paragraphs | through 24 of plaintiff's
complaint.
26. Defendants admit the allegations contained in paragraph 26 of plaintiff's
complaint.
27. Defendants admit the allegations contained in paragraph 27 of plaintiff's
complaint.
28. Defendants admit the allegations contained in paragraph 28 of plaintiff's
complaint.
29, Defendants deny the allegations contained in paragraph 29 of plaintiff's
complaint.
30. Defendants deny the allegations contained in paragraph 30 of plaintiff's
complaint.
31. Defendants deny the allegations contained in paragraph 3 of. -plaintif’s
complaint.
COUNT III - NEGLIGENCE
(GABRIELLE GEDMAN V. DANA PICI AND KARA PICI)
32. Defendants repeat their answers to Paragraphs 1 through 31 of plaintiff's
complaint.
33. Defendants deny the allegations contained in paragraph 33 of plaintif? s
complaint as phrased.
3.
34, Defendants admit the allegations contained in paragraph 34 of plaintiff's
complaint.
35. Defendants deny the allegations contained in paragraph 35 of plaintiff's
complaint.
36. Defendants deny the allegations contained in paragraph 36 of plaintiff's
complaint.
37. Defendants deny the allegations contained in paragraph 37 of plaintif? Ss
complaint.
FIRST DEFENSE
And further answering, the defendants say that the plaintiff's complaint fails to set forth
facts constituting a cause of action, and therefore the plaintiff cannot recover.
SECOND DEFENSE
And further answering, the defendants say that the plaintiffs own negligence caused or
contributed to the incident, injuries and damages alleged, and therefore the plaintiff
cannot recover.
THIRD DEFENSE
And further answering, the defendants say that the plaintiff was more than 50 percent
negligent in causing or contributing to the incident and injuries alleged, and therefore the
plaintiff either cannot recover or any verdict or finding in her favor must be reduced by
the percentage of negligence attributed to the said plaintiff.
FOURTH DEFENSE
And further answering, the defendants say that the plaintiff's alleged injuries or damages,
if any, were caused by persons other than the defendants, their agents, servants or
employees, and the plaintiff's alleged injuries or damages, if any, were caused by persons
for-whose conduct the defendants are not responsible, and therefore the plaintiff cannot
recover.
FIFTH DEFENSE
And further answering, the defendants say that the plaintiff was teasing and/or tormenting
the dog at the time of the alleged incident, and therefore the plaintiff cannot recover.
4.
SIXTH DEFENSE
And further answering, the defendants say that the plaintiff was trespassing in a restricted
area of the defendants' premises at the time of the incident alleged and therefore cannot
recover.
SEVENTH DEFENSE
And further answering, the defendants say that the injuries and damages alleged were not
caused by the incident alleged and therefore the plaintiff cannot recover.
EIGHTH DEFENSE
And further answering, the defendants say that the plaintiff has failed to mitigate her
damages, if any, and therefore cannot recover.
NINTH DEFENSE
And further answering, the defendants say that they had no knowledge or reason to know
of any prior viciousness or dangerous propensities of the dog in question and therefore
the plaintiff cannot recover.
TENTH DEFENSE
And further answering, the defendants say that the plaintiff's claim does not satisfy the
monetary damages procedural requirements of M.G.L. c. 212, Section 3 and Section 3A
and therefore the plaintiffs complaint should be dismissed.
WHEREFORE, the defendants demand judgment against the plaintiff and further
demands that said action be dismissed.
AND, FURTHER, the defendants claim a trial by jury on all the issues.
DANA PICI & KARA PIC.
B TTORNE
Jo! “Donohue, Esquire
A,
F er, Rosenberg, Palmer & Beliveau, LLP
339 Main Street
Worcester, MA 01608
(508) 751-5117
BBO#567008
jbrunelle@frpb.com
Dated: January 22, 2021
CERTIFICATE OF SERVICE
I hereby certify that I have served the foregoing document upon the parties to this
action by mailing a copy thereof, first class, postage prepaid, or via e-mail to the
following counsel of record:
Barry A. Bachrach, Esquire bbachrach@bachrachlaw.net
Rhonda L. Bachrach, Esquire rbachrach@bachrachlaw.net
Bachrach & Bachrach
490 Shrewsbury Street — Lower
Worcester, MA 01604
Zt,
>
iy ondhue} Esquire
Rosenberg, Palmer & Beliveau, LLP
Main Street
Worcester, MA 01608
(508) 751-5117
BBO#567008
jorunelle@frpb.com
Dated: January 22, 2010
FULLER, ROSENBERG, PALMER & BELIVEAU, RE GC EI Mv Ee. KD
COUNSELLORS AT LAW
339 MAIN STREET
WORCESTER, MASSACHUSETTS 01603 JAN 25 2021
ALBERT B. FULLER =
Miva
1931-20048 TRLEPHONE (608) 755-5226 OF Counts
KENNETH I. ROSENBERG TELECOPIER (508) 757-1039
PETER A. PALMER OUNTY
‘THOMAS W. BELIVEAU JOHN P. DONOHUE
MARK C. DARLING CYNTHLA 4, WELTER
GEORGE EK. CLANCY
January 22, 2021
Clerk, Worcester Superior Court
Civil Division
225 Main Street
Worcester, MA 01608
Re Gabrielle Gedman vs.
Dana Pici and Kara Pici
Civil Action No. 2085-CV-1398
Dear Sir/Madam
Enclosed herewith please find Defendants’ Answer & Claim of Jury Trial for filing in
connection with the above-referenced action.
Thank you for your attention to this matter.
C7
John”
GP
Dofolue
751-5117
jorunelle@frpb.com
JPD/Imb
Enclosure
ce. BarryA. Bachrach, Esquire
RhondaL. Bachrach, Esquire
Bachrach & Bachrach
490 Shrewsbury Street — Lower Level
Worcester, MA 01604
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> COMMONWEALTH OF MASSACHUSETTS WORCESTER, SS. SUPERIOR COURT DEPT. OF THE TRIAL COURT CIVIL ACTION NO. 2085-CV-1398 GABRIELLE GEDMAN PLAINTIFF FILED VS. JAN 25 2921 Ae il M, usm DANA PIC] AND KARA PICI ) DEFENDANTS ) DEFENDANTS’ ANSWER & CLAIM OF JURY TRIAL I. PARTIES 1, Defendants admit the allegations contained in paragraph 1 of plaintif?’s bh complaint. 2. Defendants admit the allegations contained in paragraph 2 of plaintiff's complaint. 3. Defendants admit the allegations contained in paragraph 3 of plaintiff's +> complaint. Il. FACTS 4. Defendants admit the allegations contained in paragraph 4 of plaintif? 8 complaint. 5. Defendants admit the allegations contained in paragraph 5 of plaintiff's complaint. 6. Defendants admit the allegations contained in paragraph 6 of plaintiff's complaint. 7. Defendants deny the allegations contained in paragraph 7 of'plaintiff* complaint. . 8. Defendants deny the allegations contained in paragraph 8 of plaintiff's complaint. 9. Defendants deny the allegations contained in paragraph 9 of plaintiff's complaint 10. Defendants deny the allegations contained in paragraph 10 of plaintiff's complaint. 11. Defendants deny the allegations contained in paragraph 11 of plaintiff’s complaint 12. Defendants deny the allegations contained in paragraph 12 of plaintiff's complaint. 13. Defendants deny the allegations contained in paragraph 13 of plaintiff's complaint. 14. Defendants deny the allegations contained in paragraph 14 of plaintiff's complaint as phrased. 15. Defendants deny the allegations contained in paragraph 15 of plaintiff's complaint 16. Defendants deny the allegations contained in paragraph 16 of plaintiff's complaint. 17. Defendants deny the allegations contained in paragraph 17 of plaintiff's complaint. COUNT I (GABRIELLE GEDMAN V. DANA PICI) (Strict Liability -M.G.L. c. 140, §155) 18. Defendants repeat their answers to paragraphs | through 17 of plaintiff's complaint. 19, Defendants admit the allegations contained in paragraph 19 of plaintiff's complaint, 20. Defendants admit the allegations contained in paragraph 20 of plaintiff’ s complaint. 21. Defendants deny the allegations contained in paragraph 21 of plaintiff's complaint as phrased. 2- 22. Defendants deny the allegations contained in paragraph 22 of plaintiff's complaint. 23. Defendants deny the allegations contained in paragraph 23 of plaintiff's complaint. 24. Defendants deny the allegations contained in paragraph 24 of plaintiff's complaint, COUNT II (GABRIELLE GEDMAN V. KARA PICI) (Strict Liability - M.G.L. c. 140, §155) 25. Defendants repeat their answers to paragraphs | through 24 of plaintiff's complaint. 26. Defendants admit the allegations contained in paragraph 26 of plaintiff's complaint. 27. Defendants admit the allegations contained in paragraph 27 of plaintiff's complaint. 28. Defendants admit the allegations contained in paragraph 28 of plaintiff's complaint. 29, Defendants deny the allegations contained in paragraph 29 of plaintiff's complaint. 30. Defendants deny the allegations contained in paragraph 30 of plaintiff's complaint. 31. Defendants deny the allegations contained in paragraph 3 of. -plaintif’s complaint. COUNT III - NEGLIGENCE (GABRIELLE GEDMAN V. DANA PICI AND KARA PICI) 32. Defendants repeat their answers to Paragraphs 1 through 31 of plaintiff's complaint. 33. Defendants deny the allegations contained in paragraph 33 of plaintif? s complaint as phrased. 3. 34, Defendants admit the allegations contained in paragraph 34 of plaintiff's complaint. 35. Defendants deny the allegations contained in paragraph 35 of plaintiff's complaint. 36. Defendants deny the allegations contained in paragraph 36 of plaintiff's complaint. 37. Defendants deny the allegations contained in paragraph 37 of plaintif? Ss complaint. FIRST DEFENSE And further answering, the defendants say that the plaintiff's complaint fails to set forth facts constituting a cause of action, and therefore the plaintiff cannot recover. SECOND DEFENSE And further answering, the defendants say that the plaintiffs own negligence caused or contributed to the incident, injuries and damages alleged, and therefore the plaintiff cannot recover. THIRD DEFENSE And further answering, the defendants say that the plaintiff was more than 50 percent negligent in causing or contributing to the incident and injuries alleged, and therefore the plaintiff either cannot recover or any verdict or finding in her favor must be reduced by the percentage of negligence attributed to the said plaintiff. FOURTH DEFENSE And further answering, the defendants say that the plaintiff's alleged injuries or damages, if any, were caused by persons other than the defendants, their agents, servants or employees, and the plaintiff's alleged injuries or damages, if any, were caused by persons for-whose conduct the defendants are not responsible, and therefore the plaintiff cannot recover. FIFTH DEFENSE And further answering, the defendants say that the plaintiff was teasing and/or tormenting the dog at the time of the alleged incident, and therefore the plaintiff cannot recover. 4. SIXTH DEFENSE And further answering, the defendants say that the plaintiff was trespassing in a restricted area of the defendants' premises at the time of the incident alleged and therefore cannot recover. SEVENTH DEFENSE And further answering, the defendants say that the injuries and damages alleged were not caused by the incident alleged and therefore the plaintiff cannot recover. EIGHTH DEFENSE And further answering, the defendants say that the plaintiff has failed to mitigate her damages, if any, and therefore cannot recover. NINTH DEFENSE And further answering, the defendants say that they had no knowledge or reason to know of any prior viciousness or dangerous propensities of the dog in question and therefore the plaintiff cannot recover. TENTH DEFENSE And further answering, the defendants say that the plaintiff's claim does not satisfy the monetary damages procedural requirements of M.G.L. c. 212, Section 3 and Section 3A and therefore the plaintiffs complaint should be dismissed. WHEREFORE, the defendants demand judgment against the plaintiff and further demands that said action be dismissed. AND, FURTHER, the defendants claim a trial by jury on all the issues. DANA PICI & KARA PIC. B TTORNE Jo! “Donohue, Esquire A, F er, Rosenberg, Palmer & Beliveau, LLP 339 Main Street Worcester, MA 01608 (508) 751-5117 BBO#567008 jbrunelle@frpb.com Dated: January 22, 2021 CERTIFICATE OF SERVICE I hereby certify that I have served the foregoing document upon the parties to this action by mailing a copy thereof, first class, postage prepaid, or via e-mail to the following counsel of record: Barry A. Bachrach, Esquire bbachrach@bachrachlaw.net Rhonda L. Bachrach, Esquire rbachrach@bachrachlaw.net Bachrach & Bachrach 490 Shrewsbury Street — Lower Worcester, MA 01604 Zt, > iy ondhue} Esquire Rosenberg, Palmer & Beliveau, LLP Main Street Worcester, MA 01608 (508) 751-5117 BBO#567008 jorunelle@frpb.com Dated: January 22, 2010 FULLER, ROSENBERG, PALMER & BELIVEAU, RE GC EI Mv Ee. KD COUNSELLORS AT LAW 339 MAIN STREET WORCESTER, MASSACHUSETTS 01603 JAN 25 2021 ALBERT B. FULLER = Miva 1931-20048 TRLEPHONE (608) 755-5226 OF Counts KENNETH I. ROSENBERG TELECOPIER (508) 757-1039 PETER A. PALMER OUNTY ‘THOMAS W. BELIVEAU JOHN P. DONOHUE MARK C. DARLING CYNTHLA 4, WELTER GEORGE EK. CLANCY January 22, 2021 Clerk, Worcester Superior Court Civil Division 225 Main Street Worcester, MA 01608 Re Gabrielle Gedman vs. Dana Pici and Kara Pici Civil Action No. 2085-CV-1398 Dear Sir/Madam Enclosed herewith please find Defendants’ Answer & Claim of Jury Trial for filing in connection with the above-referenced action. Thank you for your attention to this matter. C7 John” GP Dofolue 751-5117 jorunelle@frpb.com JPD/Imb Enclosure ce. BarryA. Bachrach, Esquire RhondaL. Bachrach, Esquire Bachrach & Bachrach 490 Shrewsbury Street — Lower Level Worcester, MA 01604