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COMMONWEALTH OF MASSACHUSETTS
I
t
WORCESTER, ss. WORCESTER SUPERIOR COURT
CA NO.: 2085CV00683
FILE
t
ERNEST SUAZO,
Plaintiff
ie
Vv. I, NOV 09 2020
LISA NICHOLSON
Defendant me Ae Hd CLERK
ANSWER AND JURY DEMAND OF DEFENDANT, LISA NICHOLSON
The defendant, Lisa Nicholson (hereinafter “defendant”) can neither admit nor deny the
averments|cont Lined in paragraph 1 of the plaintiffs complaint.
The defen dant ddmits the averments pontained in paragraph 2 of the plaintiff's complaint.
The defendant fan neither admit nor deny the averments contained in paragraph 3 of the
plaintiffs comy aint.
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The defendant qlenies the averments contained in paragraph 4 of the plaintiffs complaint.
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The defendant |
¢lenies the averments contained in paragraph 5 of the plaintiff's complaint.
The defentiant Henies the averments contained in paragraph 6 of the plaintiff's complaint.
The defendant|can neither admit nor deny the averments contained in paragraph 7 of the
plaintiff s'complaint. '
8 The defendant Henies the averments contained in paragraph 8 of the plaintiff's complaint.
WHEREFORE, the|defendant prays this court dismiss the plaintiff's complaint and enter judgment
for the defendant, hich includes an award of costs to the defendant.
I
AF FIRMATIVE DEFENSES
The comp aint ails to state a claim against the defendant for which relief can be granted.
The injuries oy damages alleged were caused in whole or in part by the plaintiff's own
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negligence, or e negligence of the person in whose care.and custody the plaintiff was at the
time of the acciHlent alleged in plaintiff's complaint.
The acts or omissions alleged in plaintiffs complaint to be negligent were committed, if at all,
by a person or persons for whose conduct the defendant was not legally responsible.
The injuries or ddmages alleged were caused in whole or in part by the conduct of the plaintiff
and/or the plainti¥f s agents, servants or employees, which conduct violated the various laws,
statutes, ordinan es and regulations governing the conduct of the parties at the time said
injuries or damad les were sustained. |
In the eventithe defendant was found negligent, which the defendant denies, then the plaintiff
was compatatively negligent and that said negligence was greater than that of the defendant.
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barring plaintiff’$ recovery. !
h
The defendant clhims exemptions from tort liability under G.L. ¢ 90, §34M.
The defendant dlaims that the plaintiff is not entitled to maintain this action under the
provisions of Gt, e. 231, §6D.
If it shall appear|at the trial of this matter that the plaintiff sustained injuries and/or damages
as alleged in the tomplaint, then said injuries and/or damages were the result of the negligence
of the plaintiff, which was the cause or a contributing cause of said injuries and/or damages.
Civil process pugsuant to Rule 4 of the Massachusetts Rules of Civil Procedure is insufficient.
10. Service of |Procpss pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure is
insufficient.
il The plaintiff hds not-commenced this action within the time allowed by statute for the
commencement pf such actions |
12. The defendant Henies. each and every paragraph, averment, item and matter set forth in
plaintiffs complaint, which has not been specifically admitted
13. At the time of the alleged accident the plaintiff was guilty of a violation of the law, which
violation contrituted to the alleged accident
14. Jurisdiction in this Court is improper pursuant to G. L. c. 218, §§ 19 and 19A.
THE DEFENDANT DEMANDS A TRIAL BY JURY ON ALL ISSUES.
Dated: November5, 2020 The defendant, Lisa Nicholson
By her attorney:
4s/ Gerardo Schiano
Gerardo Schiano, Esquire
BBO#: 684602
Mazzocca & Associates
2000 West Park Drive, Suite 100
Westborough, MA 01581
Telephone: (508) 949-4375
Fax: (508) 671-6375
gschiano@mapfreusa.com
CERTIFICATE OF SERVICE
i
I, Gerardo Schiano, Esq., attorney for the above-named defendant, do hereby certify that I caused
a copy of the withiy Answer to be served upon each named party by mailing a copy of same,
postage prepaid, to each party’s counsel of record, namely:
Peter J. Ventura, Esquire
33 Waldo Street, 4°" Floor
Worcester, MA’ 01 8
Signed this 5" day of November, 2020
/s/ Gerardo Schiano|
Gerardo Schiano, Esq.
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It COMMONWEALTH OF MASSACHUSETTS
WORCESTER! ss. WORCESTER SUPERIOR COURT
ED
CA NO.: 2085CV00683
Tr
ERNEST SUAZO, oy
Plaintiff
Vv. |
1 NOV 09 2020
LISA NICHOLSON “mr dt Hh, CLERK
Defendant
NOTICE OF APPEARANCE
Pursuant to Mass. R. Civ. P. 110, please enter my appearance for the defendant, Lisa
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Nicholson.
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Dated: Novem! ber 5}2020 The defendant, Lisa Nicholson
i
By her attorney:
/s/ Gerardo Schiano i
Gerardo Schiano, Esquire
BBO#: 684602
Mazzocca & Associates
2000 West Park Drive, Suite 100
Westborough, MA 01581
Telephone: (508) 949-4375
Fax: (508) 671-6375
gschiano@mapfreusa.com
i
i
1
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h
f CERTIFICATE OF SERVICE
I, Gerardo Schiano, Fsq., attorney for the above-named defendant, do hereby certify that I caused
a copy of the within Notice of Appearance to be served upon each named party by mailing a copy
of same, postage prepaid, to each party’s counsel of record, namely:
Peter J. Ventura, Esquire
33 Waldo Street, 4"IFloor
Worcester, MA 01 8
Signed this 5 hay ‘November, 2020.
4s/ Gerardo Schian
Gerardo Schiano, Eqq.
{
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| | COMMONWEALTH OF MASSACHUSETTS I t WORCESTER, ss. WORCESTER SUPERIOR COURT CA NO.: 2085CV00683 FILE t ERNEST SUAZO, Plaintiff ie Vv. I, NOV 09 2020 LISA NICHOLSON Defendant me Ae Hd CLERK ANSWER AND JURY DEMAND OF DEFENDANT, LISA NICHOLSON The defendant, Lisa Nicholson (hereinafter “defendant”) can neither admit nor deny the averments|cont Lined in paragraph 1 of the plaintiffs complaint. The defen dant ddmits the averments pontained in paragraph 2 of the plaintiff's complaint. The defendant fan neither admit nor deny the averments contained in paragraph 3 of the plaintiffs comy aint. | The defendant qlenies the averments contained in paragraph 4 of the plaintiffs complaint. | The defendant | ¢lenies the averments contained in paragraph 5 of the plaintiff's complaint. The defentiant Henies the averments contained in paragraph 6 of the plaintiff's complaint. The defendant|can neither admit nor deny the averments contained in paragraph 7 of the plaintiff s'complaint. ' 8 The defendant Henies the averments contained in paragraph 8 of the plaintiff's complaint. WHEREFORE, the|defendant prays this court dismiss the plaintiff's complaint and enter judgment for the defendant, hich includes an award of costs to the defendant. I AF FIRMATIVE DEFENSES The comp aint ails to state a claim against the defendant for which relief can be granted. The injuries oy damages alleged were caused in whole or in part by the plaintiff's own i negligence, or e negligence of the person in whose care.and custody the plaintiff was at the time of the acciHlent alleged in plaintiff's complaint. The acts or omissions alleged in plaintiffs complaint to be negligent were committed, if at all, by a person or persons for whose conduct the defendant was not legally responsible. The injuries or ddmages alleged were caused in whole or in part by the conduct of the plaintiff and/or the plainti¥f s agents, servants or employees, which conduct violated the various laws, statutes, ordinan es and regulations governing the conduct of the parties at the time said injuries or damad les were sustained. | In the eventithe defendant was found negligent, which the defendant denies, then the plaintiff was compatatively negligent and that said negligence was greater than that of the defendant. | barring plaintiff’$ recovery. ! h The defendant clhims exemptions from tort liability under G.L. ¢ 90, §34M. The defendant dlaims that the plaintiff is not entitled to maintain this action under the provisions of Gt, e. 231, §6D. If it shall appear|at the trial of this matter that the plaintiff sustained injuries and/or damages as alleged in the tomplaint, then said injuries and/or damages were the result of the negligence of the plaintiff, which was the cause or a contributing cause of said injuries and/or damages. Civil process pugsuant to Rule 4 of the Massachusetts Rules of Civil Procedure is insufficient. 10. Service of |Procpss pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure is insufficient. il The plaintiff hds not-commenced this action within the time allowed by statute for the commencement pf such actions | 12. The defendant Henies. each and every paragraph, averment, item and matter set forth in plaintiffs complaint, which has not been specifically admitted 13. At the time of the alleged accident the plaintiff was guilty of a violation of the law, which violation contrituted to the alleged accident 14. Jurisdiction in this Court is improper pursuant to G. L. c. 218, §§ 19 and 19A. THE DEFENDANT DEMANDS A TRIAL BY JURY ON ALL ISSUES. Dated: November5, 2020 The defendant, Lisa Nicholson By her attorney: 4s/ Gerardo Schiano Gerardo Schiano, Esquire BBO#: 684602 Mazzocca & Associates 2000 West Park Drive, Suite 100 Westborough, MA 01581 Telephone: (508) 949-4375 Fax: (508) 671-6375 gschiano@mapfreusa.com CERTIFICATE OF SERVICE i I, Gerardo Schiano, Esq., attorney for the above-named defendant, do hereby certify that I caused a copy of the withiy Answer to be served upon each named party by mailing a copy of same, postage prepaid, to each party’s counsel of record, namely: Peter J. Ventura, Esquire 33 Waldo Street, 4°" Floor Worcester, MA’ 01 8 Signed this 5" day of November, 2020 /s/ Gerardo Schiano| Gerardo Schiano, Esq. { | It COMMONWEALTH OF MASSACHUSETTS WORCESTER! ss. WORCESTER SUPERIOR COURT ED CA NO.: 2085CV00683 Tr ERNEST SUAZO, oy Plaintiff Vv. | 1 NOV 09 2020 LISA NICHOLSON “mr dt Hh, CLERK Defendant NOTICE OF APPEARANCE Pursuant to Mass. R. Civ. P. 110, please enter my appearance for the defendant, Lisa i Nicholson. | | Dated: Novem! ber 5}2020 The defendant, Lisa Nicholson i By her attorney: /s/ Gerardo Schiano i Gerardo Schiano, Esquire BBO#: 684602 Mazzocca & Associates 2000 West Park Drive, Suite 100 Westborough, MA 01581 Telephone: (508) 949-4375 Fax: (508) 671-6375 gschiano@mapfreusa.com i i 1 | h f CERTIFICATE OF SERVICE I, Gerardo Schiano, Fsq., attorney for the above-named defendant, do hereby certify that I caused a copy of the within Notice of Appearance to be served upon each named party by mailing a copy of same, postage prepaid, to each party’s counsel of record, namely: Peter J. Ventura, Esquire 33 Waldo Street, 4"IFloor Worcester, MA 01 8 Signed this 5 hay ‘November, 2020. 4s/ Gerardo Schian Gerardo Schiano, Eqq. {