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COMMONWEALTH OF MASSACHUSETTS
WORCESTER, SS. SUPERIOR COURT
___________________________________________ CIVIL ACTION NO. 2085CV00688C
IRIS ROMERO
Plaintiff
VS.
PRRC, INC. D/B/A PRICE RITE AND
542 SOUTHBRIDGE STREET, LLC
Defendants
___________________________________________
DEFENDANT 542 SOUTHBRIDGE STREET, LLC’S
ANSWER AND CLAIM FOR JURY TRIAL
Now comes the Defendant 542 Southbridge Street, LLC in the above-entitled action and
moves this as their answer to Plaintiff’s Complaint.
PARTIES
1. The defendant has no knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph one of the complaint.
2. The defendant has no knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph two of the complaint.
3. Defendant admits.
FACTS
4. The allegations contained in this paragraph of the Plaintiff’s Complaint do not pertain to
the Defendant, 542 Southbridge Street, LLC, and thus, no answer is required. To the extent
that the allegations contained therein pertain to the Defendant, 542 Southbridge Street,
LLC, however, they are denied.
5. The allegations contained in this paragraph of the Plaintiff’s Complaint do not pertain to
the Defendant, 542 Southbridge Street, LLC, and thus, no answer is required. To the extent
that the allegations contained therein pertain to the Defendant, 542 Southbridge Street,
LLC, however, they are denied.
6. The allegations contained in this paragraph of the Plaintiff’s Complaint do not pertain to
the Defendant, 542 Southbridge Street, LLC, and thus, no answer is required. To the extent
that the allegations contained therein pertain to the Defendant, 542 Southbridge Street,
LLC, however, they are denied.
7. The allegations contained in this paragraph of the Plaintiff’s Complaint do not pertain to
the Defendant, 542 Southbridge Street, LLC, and thus, no answer is required. To the extent
that the allegations contained therein pertain to the Defendant, 542 Southbridge Street,
LLC, however, they are denied.
8. The allegations contained in this paragraph of the Plaintiff’s Complaint do not pertain to
the Defendant, 542 Southbridge Street, LLC, and thus, no answer is required. To the extent
that the allegations contained therein pertain to the Defendant, 542 Southbridge Street,
LLC, however, they are denied.
9. The allegations contained in this paragraph of the Plaintiff’s Complaint do not pertain to
the Defendant, 542 Southbridge Street, LLC, and thus, no answer is required. To the extent
that the allegations contained therein pertain to the Defendant, 542 Southbridge Street,
LLC, however, they are denied.
10. Defendant admits.
11. The defendant has no knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph eleven of the complaint.
12. The defendant has no knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph twelve of the complaint.
13. The defendant has no knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph thirteen of the complaint.
14. The defendant has no knowledge or information sufficient to form a belief as to the truth
of the allegations contained in paragraph fourteen of the complaint.
15. The defendant has no knowledge or information sufficient to form a belief as to the truth
of the allegations contained in paragraph fifteen of the complaint.
16. The defendant has no knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph sixteen of the complaint.
17. Defendant denies.
18. The defendant has no knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph eighteen of the complaint.
COUNT I
18. The defendant reallege and reaffirms their answers to paragraphs one through eighteen of the
Complaint and incorporates them herein.
20. The allegations contained in this paragraph of the Plaintiff’s Complaint do not pertain to
the Defendant, 542 Southbridge Street, LLC, and thus, no answer is required. To the extent
that the allegations contained therein pertain to the Defendant, 542 Southbridge Street,
LLC, however, they are denied.
21. The allegations contained in this paragraph of the Plaintiff’s Complaint do not pertain to
the Defendant, 542 Southbridge Street, LLC, and thus, no answer is required. To the extent
that the allegations contained therein pertain to the Defendant, 542 Southbridge Street,
LLC, however, they are denied.
22. The allegations contained in this paragraph of the Plaintiff’s Complaint do not pertain to
the Defendant, 542 Southbridge Street, LLC, and thus, no answer is required. To the extent
that the allegations contained therein pertain to the Defendant, 542 Southbridge Street,
LLC, however, they are denied.
WHEREFORE the defendant demands judgment that this action against them be dismissed and
that their costs be recovered.
COUNT II
23. The defendant reallege and reaffirms their answers to paragraphs one through twenty-two of the
Complaint and incorporates them herein.
24. Defendant denies.
25. Defendant denies.
26. Defendant denies.
WHEREFORE the defendant demands judgment that this action against them be dismissed
and that their costs be recovered.
AFFIRMATIVE DEFENSES
AS AND FOR A SEPARATE, AFFIRMATIVE AND COMPLETE DEFENSE THE
DEFENDANT RESPECTFULLY SETS FORTH AND ALLEGES:
That the injuries and damages alleged were caused in whole or in part by the plaintiff's own
negligence, and the plaintiff is therefore barred from recovery or her recovery must be
diminished in accordance with the law.
AS AND FOR A SEPARATE, AFFIRMATIVE AND COMPLETE DEFENSE THE
DEFENDANT RESPECTFULLY SETS FORTH AND ALLEGES:
That at the time of the alleged accident, the plaintiff was guilty of a violation of the law which
contributed to the alleged accident.
AS AND FOR A SEPARATE, AFFIRMATIVE AND COMPLETE DEFENSE THE
DEFENDANTS RESPECTFULLY SETS FORTH AND ALLEGES:
That the plaintiff is not entitled to recover damages for pain and suffering under General Laws,
Chapter 23l, Section 6D (l-5).
AS AND FOR A SEPARATE, AFFIRMATIVE AND COMPLETE DEFENSE THE
DEFENDANT RESPECTFULLY SETS FORTH AND ALLEGES:
That they are not responsible for the conduct of the person or persons whose negligence is
alleged to have caused the plaintiff's injuries or damage.
AS AND FOR A SEPARATE, AFFIRMATIVE AND COMPLETE DEFENSE THE
DEFENDANT RESPECTFULLY SETS FORTH AND ALLEGES:
That the injuries and damages were caused in whole or in part by the conduct of person(s) for
whom the defendant is not responsible.
AS AND FOR A SEPARATE, AFFIRMATIVE AND COMPLETE DEFENSE THE
DEFENDANT RESPECTFULLY SETS FORTH AND ALLEGES:
The defendant is guilty of no negligence.
AS AND FOR A SEPARATE, AFFIRMATIVE AND COMPLETE DEFENSE THE
DEFENDANT RESPECTFULLY SETS FORTH AND ALLEGES:
The complaint fails to state a claim against the defendant upon which relief can be granted.
AS AND FOR A SEPARATE, AFFIRMATIVE AND COMPLETE DEFENSE THE
DEFENDANT RESPECTFULLY SETS FORTH AND ALLEGES:
That there was insufficiency of service of process.
AS AND FOR A SEPARATE, AFFIRMATIVE AND COMPLETE DEFENSE THE
DEFENDANT RESPECTFULLY SETS FORTH AND ALLEGES:
The alleged condition the plaintiff contends was a hazard, was open and obvious to an ordinary
person, relieving the Defendant of any duty to warn or otherwise take any action with respect to
the alleged condition.
AS AND FOR A SEPARATE, AFFIRMATIVE AND COMPLETE DEFENSE THE
DEFENDANT RESPECTFULLY SETS FORTH AND ALLEGES:
That if there was a dangerous condition, which it denies, then this plaintiff is barred from
recovery because the plaintiff was aware of the alleged condition and the specific injuries which
could arise from the use of the condition and nonetheless voluntarily and unreasonably chose to
encounter known dangers created by the alleged defect.
Defendants demand a trial by jury on all issues of fact raised by any pleadings herein.
Defendant
542 SOUTHBRIDGE STREET, LLC
By Their Attorney,
/s/ Michael E. Barris________________________
Michael E. Barris, (BBO#561021)
Law Offices of Steven B. Stein
P.O. Box 2903
Hartford, CT 06104-2903
Telephone: (401) 273-4344
Direct Dial:(401) 278-0815
Fax: (855) 203-5545
Cell: (508) 277-1485
mbarris@travelers.com
Dated: May 4, 2021
CERTIFICATE OF SERVICE
I, Michael E. Barris, attorney for the defendant in the above-captioned matter hereby certify that
I filed the within DEFENDANT’S ANSWER TO PLAINTIFF’S COMPLAINT AND CLAIM FOR
JURY TRIAL via the Massachusetts electronic filing on this 4th day of May, 2021, that is it available
for viewing and downloading and that I have caused a copy to be served via email and electronically to:
William J. Mason, Esq.
Rubin, Rubin & Wilcox, P.C.
333 Park Avenue
Worcester, MA 01610-1022
wmason@rrwlaw.com
Douglas L. Price, Esq.
Kaelyn R. Phelps, Esq.
Morrison Mahoney, LLP
250 Summer Street
Boston, MA 02210-1181
Dprice@morrisonmahoney.com
kphelps@morrisonmahoney.com
/s/ Michael E. Barris______________________
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COMMONWEALTH OF MASSACHUSETTS WORCESTER, SS. SUPERIOR COURT ___________________________________________ CIVIL ACTION NO. 2085CV00688C IRIS ROMERO Plaintiff VS. PRRC, INC. D/B/A PRICE RITE AND 542 SOUTHBRIDGE STREET, LLC Defendants ___________________________________________ DEFENDANT 542 SOUTHBRIDGE STREET, LLC’S ANSWER AND CLAIM FOR JURY TRIAL Now comes the Defendant 542 Southbridge Street, LLC in the above-entitled action and moves this as their answer to Plaintiff’s Complaint. PARTIES 1. The defendant has no knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph one of the complaint. 2. The defendant has no knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph two of the complaint. 3. Defendant admits. FACTS 4. The allegations contained in this paragraph of the Plaintiff’s Complaint do not pertain to the Defendant, 542 Southbridge Street, LLC, and thus, no answer is required. To the extent that the allegations contained therein pertain to the Defendant, 542 Southbridge Street, LLC, however, they are denied. 5. The allegations contained in this paragraph of the Plaintiff’s Complaint do not pertain to the Defendant, 542 Southbridge Street, LLC, and thus, no answer is required. To the extent that the allegations contained therein pertain to the Defendant, 542 Southbridge Street, LLC, however, they are denied. 6. The allegations contained in this paragraph of the Plaintiff’s Complaint do not pertain to the Defendant, 542 Southbridge Street, LLC, and thus, no answer is required. To the extent that the allegations contained therein pertain to the Defendant, 542 Southbridge Street, LLC, however, they are denied. 7. The allegations contained in this paragraph of the Plaintiff’s Complaint do not pertain to the Defendant, 542 Southbridge Street, LLC, and thus, no answer is required. To the extent that the allegations contained therein pertain to the Defendant, 542 Southbridge Street, LLC, however, they are denied. 8. The allegations contained in this paragraph of the Plaintiff’s Complaint do not pertain to the Defendant, 542 Southbridge Street, LLC, and thus, no answer is required. To the extent that the allegations contained therein pertain to the Defendant, 542 Southbridge Street, LLC, however, they are denied. 9. The allegations contained in this paragraph of the Plaintiff’s Complaint do not pertain to the Defendant, 542 Southbridge Street, LLC, and thus, no answer is required. To the extent that the allegations contained therein pertain to the Defendant, 542 Southbridge Street, LLC, however, they are denied. 10. Defendant admits. 11. The defendant has no knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph eleven of the complaint. 12. The defendant has no knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph twelve of the complaint. 13. The defendant has no knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph thirteen of the complaint. 14. The defendant has no knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph fourteen of the complaint. 15. The defendant has no knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph fifteen of the complaint. 16. The defendant has no knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph sixteen of the complaint. 17. Defendant denies. 18. The defendant has no knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph eighteen of the complaint. COUNT I 18. The defendant reallege and reaffirms their answers to paragraphs one through eighteen of the Complaint and incorporates them herein. 20. The allegations contained in this paragraph of the Plaintiff’s Complaint do not pertain to the Defendant, 542 Southbridge Street, LLC, and thus, no answer is required. To the extent that the allegations contained therein pertain to the Defendant, 542 Southbridge Street, LLC, however, they are denied. 21. The allegations contained in this paragraph of the Plaintiff’s Complaint do not pertain to the Defendant, 542 Southbridge Street, LLC, and thus, no answer is required. To the extent that the allegations contained therein pertain to the Defendant, 542 Southbridge Street, LLC, however, they are denied. 22. The allegations contained in this paragraph of the Plaintiff’s Complaint do not pertain to the Defendant, 542 Southbridge Street, LLC, and thus, no answer is required. To the extent that the allegations contained therein pertain to the Defendant, 542 Southbridge Street, LLC, however, they are denied. WHEREFORE the defendant demands judgment that this action against them be dismissed and that their costs be recovered. COUNT II 23. The defendant reallege and reaffirms their answers to paragraphs one through twenty-two of the Complaint and incorporates them herein. 24. Defendant denies. 25. Defendant denies. 26. Defendant denies. WHEREFORE the defendant demands judgment that this action against them be dismissed and that their costs be recovered. AFFIRMATIVE DEFENSES AS AND FOR A SEPARATE, AFFIRMATIVE AND COMPLETE DEFENSE THE DEFENDANT RESPECTFULLY SETS FORTH AND ALLEGES: That the injuries and damages alleged were caused in whole or in part by the plaintiff's own negligence, and the plaintiff is therefore barred from recovery or her recovery must be diminished in accordance with the law. AS AND FOR A SEPARATE, AFFIRMATIVE AND COMPLETE DEFENSE THE DEFENDANT RESPECTFULLY SETS FORTH AND ALLEGES: That at the time of the alleged accident, the plaintiff was guilty of a violation of the law which contributed to the alleged accident. AS AND FOR A SEPARATE, AFFIRMATIVE AND COMPLETE DEFENSE THE DEFENDANTS RESPECTFULLY SETS FORTH AND ALLEGES: That the plaintiff is not entitled to recover damages for pain and suffering under General Laws, Chapter 23l, Section 6D (l-5). AS AND FOR A SEPARATE, AFFIRMATIVE AND COMPLETE DEFENSE THE DEFENDANT RESPECTFULLY SETS FORTH AND ALLEGES: That they are not responsible for the conduct of the person or persons whose negligence is alleged to have caused the plaintiff's injuries or damage. AS AND FOR A SEPARATE, AFFIRMATIVE AND COMPLETE DEFENSE THE DEFENDANT RESPECTFULLY SETS FORTH AND ALLEGES: That the injuries and damages were caused in whole or in part by the conduct of person(s) for whom the defendant is not responsible. AS AND FOR A SEPARATE, AFFIRMATIVE AND COMPLETE DEFENSE THE DEFENDANT RESPECTFULLY SETS FORTH AND ALLEGES: The defendant is guilty of no negligence. AS AND FOR A SEPARATE, AFFIRMATIVE AND COMPLETE DEFENSE THE DEFENDANT RESPECTFULLY SETS FORTH AND ALLEGES: The complaint fails to state a claim against the defendant upon which relief can be granted. AS AND FOR A SEPARATE, AFFIRMATIVE AND COMPLETE DEFENSE THE DEFENDANT RESPECTFULLY SETS FORTH AND ALLEGES: That there was insufficiency of service of process. AS AND FOR A SEPARATE, AFFIRMATIVE AND COMPLETE DEFENSE THE DEFENDANT RESPECTFULLY SETS FORTH AND ALLEGES: The alleged condition the plaintiff contends was a hazard, was open and obvious to an ordinary person, relieving the Defendant of any duty to warn or otherwise take any action with respect to the alleged condition. AS AND FOR A SEPARATE, AFFIRMATIVE AND COMPLETE DEFENSE THE DEFENDANT RESPECTFULLY SETS FORTH AND ALLEGES: That if there was a dangerous condition, which it denies, then this plaintiff is barred from recovery because the plaintiff was aware of the alleged condition and the specific injuries which could arise from the use of the condition and nonetheless voluntarily and unreasonably chose to encounter known dangers created by the alleged defect. Defendants demand a trial by jury on all issues of fact raised by any pleadings herein. Defendant 542 SOUTHBRIDGE STREET, LLC By Their Attorney, /s/ Michael E. Barris________________________ Michael E. Barris, (BBO#561021) Law Offices of Steven B. Stein P.O. Box 2903 Hartford, CT 06104-2903 Telephone: (401) 273-4344 Direct Dial:(401) 278-0815 Fax: (855) 203-5545 Cell: (508) 277-1485 mbarris@travelers.com Dated: May 4, 2021 CERTIFICATE OF SERVICE I, Michael E. Barris, attorney for the defendant in the above-captioned matter hereby certify that I filed the within DEFENDANT’S ANSWER TO PLAINTIFF’S COMPLAINT AND CLAIM FOR JURY TRIAL via the Massachusetts electronic filing on this 4th day of May, 2021, that is it available for viewing and downloading and that I have caused a copy to be served via email and electronically to: William J. Mason, Esq. Rubin, Rubin & Wilcox, P.C. 333 Park Avenue Worcester, MA 01610-1022 wmason@rrwlaw.com Douglas L. Price, Esq. Kaelyn R. Phelps, Esq. Morrison Mahoney, LLP 250 Summer Street Boston, MA 02210-1181 Dprice@morrisonmahoney.com kphelps@morrisonmahoney.com /s/ Michael E. Barris______________________