Preview
a> .5
COMMONWEALTH OF MASSACHUSETTS
‘
Worcester, ss. Superior Court! Department
Of the Trial Court
Civil Action No.
oho cr O40 B
JOHN O. RANSOM, i
Plaintiff COMPLAINT AND jCLAIM FOR
JURY TRIAL
IKULED
vs.
WORCESTER REGIONAL TRANSIT
AUTHORITY,
‘
JUN 30 2020
Defendant
COUNT. I
“sr Au Hut, CLERK
1. The Plaintiff,
of Worcester,
John
State
0. Ransom, is a resident, of
of Massachusetts.
j
Worcester, County
I]
2. The Worcester
Defendant, Regional Transit Authority, is a duly
established municipal corporation under the laws of the
Commonwealth, is located within our County 'of| Worcester, and is
a "public employer" within the meaning of the ,Tort Claims Act.
i 4
Jurisdiction over this action is conferréd| to the Worcester
Superior Court by General Laws, Chapter 258,
. as amended by
Statutes of 1978, Chapter 512, Section 15 (hereinafter referred
to as the Tort Claims Act :
i
4. Pursuant to Section 4 of General Laws, Chapter! 258, the Plaintiff
first presented his claim in writing to the|Executive Officer by
letter dated January 15, 2019 marked sxhibit BR and annexed hereto
and incorporated herein by reference.
5. On November 20, 2019 and within two years after the action herein
sued upon arose notice in writing on behalf, of the Plaintiff was
served upon the defendant, Worcester Regio: nal!
1
Transit Authority,
by mailing to the Executive Officer within ‘the meaning of the
Tort Claims Act, which said notice of claimiset forth the name
and address of the Plaintiff, the nature of the claim, the time
when, the place where, and the manner in which the claim arose,
and the items of damage or injuries claimed to,have been sustained
as far as the practicable. | t
The Executive Officer has failed, refused and!neglected either to
acknowledge said Plaintiff's claim in writing within six months
after the date upon which it was presented, 'or to authorize the
payment thereof, and by virtue of law the same are deemed to be
1
:
i
# "
4
rejected or denied.
COUNT TIr
The Plaintiff, John O. Ransom, says that on December 9, 2018,
the Defendant, Worcester Regional Transit Authority, a "public
i
employer" within the meaning of the Tort Claims! Act was the owner
of the WRTA Central Hub bus station located at|60 Foster Street,
Worcester, County of Worcester, providing intra- city bus service.
On said date, Plaintiff, John ©. Ransom, was. ‘ihjured when he
fell due to a hole in the ground left present by the Defendant
Worcester Regional Transit Authority, its agents, servants or
employees. 4
j
8. As a result thereof, the Plaintiff, John O | Ransom, sustained
severe injuries and was prevented from transacting his business,
suffered great pain of body and mind and incurred medical and
hospital expenses in excess of $2,000.00 which : permits
i
this action
to be brought under the provisions of Massachusetts General Laws,
Chapter 231, Section 6D.
|
WHEREFORE, the John 0.
Plaintiff, Ransom, démands judgment
against the Defendant, a "public employer" Worcester Regional
Transit Authority, together with interest and jcosts.
PLAINTIFF CLAIMS A TRIAL BY JURY.
JOHN OO RANSOM
Cherelle
Cherele L. ko tele
BBO#628931
Law Offices of Joseph J. Cariglia
188 Lincoln Street
Worcester, MA 01605 !
Tel. (508) 791-2357
office@cariglia.com
i
Dated: June 24, 2020
EXHIBIT A
LAW OFFICES
JOSEPH J. CARIGLIA, P.C.
188 LINCOLN STREET
WORCESTER, MA 01605
‘TELEPHONE (508) 791-2357
JOSEPH J. CARIGLIA | FAX NO. (508) 754-1980
1934 — 2013 | EMAIL: Office@cariglia.com
CHERELE L, GENTILE
DANIEL E. SHANAHAN
PAUL J. FRANCO
RONALD G. GENTLE
CHING V. MELODINO
RICHARD P. SILVANI November 20, 2019
Worcester Regional Transit Authority
60 Foster Street
Worcester, MA 01608
i
ATIN: EXECUTIVE OFFICER
Re: Notice of Massachusetts Tort Claim
pursuant to G.L c. 258, section 4
on behalf of John O. Ransom
i
Gentlemen:
This office represents John 0. Ransom, whose address! is 2 Delldale
Street, Apt. 10, Worcester, Massachusetts. Y 1
4
On December 9, 2018, at approximately 7:00 p.m., myjclient was at
the Union Station Hub in the bus area at Washington Square,
Worcester, Massachusetts when he fell due to a hole that was in
the ground at the crosswalk, causing injury to his jzight leg and
back. |
{|
I am now enclosing copies of medical reports and|bills in the
amount of $13,210.69 in connection with this claim
|
As previously indicated, this claim letter is heing sent in
accordance with the provisions of Massachusetts | General Law,
1
Chapter 258. Further, it is in supplementation of and in addition
to all notices, whether oral or written, which have been previously
received by you or your insurer. \
i
Therefore, John Oo Ransom seeks damages in the amount of
$55,000.00
i
{
i
ICES OF -2- i November 20, 2019
GLIA, P.C
esp nd. to this demand at your earlies sil convenience.
|
ey the
r eceived within six’! 1(6) months from
gponse has not been
I will file the! appropriate civil
of: his occurrence,
client.
aint.on behalf of my
co JOHN 0. RANSOM
By his attorney i
Cfrole febutors
i
Cherelle’ L. Gentile, Esquire i
Law Offices of Joseph a. Cariglia
188 Lincoln street
Worcester, MA’ 01605
Tel (508) 791+2357
bod
4
La
MAIL NO. 7017 2620 0000 0084 0072'
(CEIPT REQUESTED
oe
ers Insurance Company
eal
iy jox 430
o, NY 14240-0430
‘TIN James McConnell, Claim Professional
FEA8959 \
sl
Claim No.
1
' ULL,
a
as LETTER ONLY) j
ISPS]
How!
Ii
vides the fo! 0089 "
abel). ascot IL NO. 7017 2620 0000 0084
rani rece CEIPT REQUESTED
ysrS@-p08
arvice" every 1 Soy
othe:
“> Adulti
with signe®
vice”, = adult
requires {
ay
pee
purchase
yethe.
ded with
sy request
esacceeard
ee
racaipt
or ot
sur malpiee®t
gn 7590-07
i
.
. .# . i
LAW OFFICES OF ' ‘
JOSEPH J. CARIGLIA, P.C. -2-
November 20, 2019
Please respond to this demand at your earliest convenience
If a response has not been received within six (6) ‘months from the
date of this occurrence, I will file the appropriate eivil
complaint on behalf of my client. i
\
JOHN O. RANSOM :
By his attorney,
4
(probe Abt,
Ch L. Gentile, Esquire
Law Offices of Joseph ig. Cariglia
188 Lincoln Street
Worcester, MA 01605
|
4
Tel (508) 791-2357
CG:kjh
Enclosure
CERTIFIED MAIL NO. 7017 2620 0000 0084 0072
RETURN RECEIPT REQUESTED
cc: Travelers Insurance Company i
P.O. Box 430
Buffalo, NY 14240-0430
—~ en a y we,
ATTN James Mc
gfe
Claim Ndi a Mar {oy t[e] ez Pyz
ha
ms 1, 2, and3.
Els me and address on the reverse XH Ager
Cl Adaresseaff
“Tany
an return the card to you.
0 the back of the mailpiece,
GHEE RE C. aie” t
vail
pecs space Permits NOV
aaa ala n= D. 's delivery address cferent from iter 12. O Yes"
enter:
erdelvery addréss below:...
lsurance Company.
TORS iz Pees a
| OF FICIAL
(Gekitied Mail ab
a4 ee 14240-0430
's McConnell
iS.
ra Services & Fees (check box, add feo as appropiate) ms Professsional
IVA
Cirotum Recaipt hardcopy) 3. Service 1 CO Priority Mell Express®"!
{LlRetum Recetpt electronic) 8 Postmark, 1 Adult Signature Registered Mali”
Cicentiiod Mail Restricted Delivery $ Here Cl Adut Signature Restricted Delivery tered Mall Restricted
(cut signature Required 8 5240 9122 0065 17. | Certified Mal@. -
Certified Mail
lal esticted Delvery 1 Retum Receipt for
90E
Acuit signature Restricted Delivery $. ‘Anns
Cottect:
[Postage elven Resticted Delivery . Cl Signature'Gonfirmation™
7.85 520 Oooo oo84 qg84 1 Signature Confirmation
fatal ‘and Fees i Restcted Delivery fy
(over
14.15 4)
[Sent To ( 2015 PSN 7530-02-000-9053 jestic Return art
Worcester. _Regional T: wuuT uor Ci Sightatite Confirmat
Street andi Apt No, oF ms ‘ stricted Delivery
LP ier:
‘ALIN: EXECUTIVE OFFICER 2015 PSN 7530-02. 600-8058
City Stat ipa a Domestic Return Re
eae Eeraneec ues
|
Preview
a> .5 COMMONWEALTH OF MASSACHUSETTS ‘ Worcester, ss. Superior Court! Department Of the Trial Court Civil Action No. oho cr O40 B JOHN O. RANSOM, i Plaintiff COMPLAINT AND jCLAIM FOR JURY TRIAL IKULED vs. WORCESTER REGIONAL TRANSIT AUTHORITY, ‘ JUN 30 2020 Defendant COUNT. I “sr Au Hut, CLERK 1. The Plaintiff, of Worcester, John State 0. Ransom, is a resident, of of Massachusetts. j Worcester, County I] 2. The Worcester Defendant, Regional Transit Authority, is a duly established municipal corporation under the laws of the Commonwealth, is located within our County 'of| Worcester, and is a "public employer" within the meaning of the ,Tort Claims Act. i 4 Jurisdiction over this action is conferréd| to the Worcester Superior Court by General Laws, Chapter 258, . as amended by Statutes of 1978, Chapter 512, Section 15 (hereinafter referred to as the Tort Claims Act : i 4. Pursuant to Section 4 of General Laws, Chapter! 258, the Plaintiff first presented his claim in writing to the|Executive Officer by letter dated January 15, 2019 marked sxhibit BR and annexed hereto and incorporated herein by reference. 5. On November 20, 2019 and within two years after the action herein sued upon arose notice in writing on behalf, of the Plaintiff was served upon the defendant, Worcester Regio: nal! 1 Transit Authority, by mailing to the Executive Officer within ‘the meaning of the Tort Claims Act, which said notice of claimiset forth the name and address of the Plaintiff, the nature of the claim, the time when, the place where, and the manner in which the claim arose, and the items of damage or injuries claimed to,have been sustained as far as the practicable. | t The Executive Officer has failed, refused and!neglected either to acknowledge said Plaintiff's claim in writing within six months after the date upon which it was presented, 'or to authorize the payment thereof, and by virtue of law the same are deemed to be 1 : i # " 4 rejected or denied. COUNT TIr The Plaintiff, John O. Ransom, says that on December 9, 2018, the Defendant, Worcester Regional Transit Authority, a "public i employer" within the meaning of the Tort Claims! Act was the owner of the WRTA Central Hub bus station located at|60 Foster Street, Worcester, County of Worcester, providing intra- city bus service. On said date, Plaintiff, John ©. Ransom, was. ‘ihjured when he fell due to a hole in the ground left present by the Defendant Worcester Regional Transit Authority, its agents, servants or employees. 4 j 8. As a result thereof, the Plaintiff, John O | Ransom, sustained severe injuries and was prevented from transacting his business, suffered great pain of body and mind and incurred medical and hospital expenses in excess of $2,000.00 which : permits i this action to be brought under the provisions of Massachusetts General Laws, Chapter 231, Section 6D. | WHEREFORE, the John 0. Plaintiff, Ransom, démands judgment against the Defendant, a "public employer" Worcester Regional Transit Authority, together with interest and jcosts. PLAINTIFF CLAIMS A TRIAL BY JURY. JOHN OO RANSOM Cherelle Cherele L. ko tele BBO#628931 Law Offices of Joseph J. Cariglia 188 Lincoln Street Worcester, MA 01605 ! Tel. (508) 791-2357 office@cariglia.com i Dated: June 24, 2020 EXHIBIT A LAW OFFICES JOSEPH J. CARIGLIA, P.C. 188 LINCOLN STREET WORCESTER, MA 01605 ‘TELEPHONE (508) 791-2357 JOSEPH J. CARIGLIA | FAX NO. (508) 754-1980 1934 — 2013 | EMAIL: Office@cariglia.com CHERELE L, GENTILE DANIEL E. SHANAHAN PAUL J. FRANCO RONALD G. GENTLE CHING V. MELODINO RICHARD P. SILVANI November 20, 2019 Worcester Regional Transit Authority 60 Foster Street Worcester, MA 01608 i ATIN: EXECUTIVE OFFICER Re: Notice of Massachusetts Tort Claim pursuant to G.L c. 258, section 4 on behalf of John O. Ransom i Gentlemen: This office represents John 0. Ransom, whose address! is 2 Delldale Street, Apt. 10, Worcester, Massachusetts. Y 1 4 On December 9, 2018, at approximately 7:00 p.m., myjclient was at the Union Station Hub in the bus area at Washington Square, Worcester, Massachusetts when he fell due to a hole that was in the ground at the crosswalk, causing injury to his jzight leg and back. | {| I am now enclosing copies of medical reports and|bills in the amount of $13,210.69 in connection with this claim | As previously indicated, this claim letter is heing sent in accordance with the provisions of Massachusetts | General Law, 1 Chapter 258. Further, it is in supplementation of and in addition to all notices, whether oral or written, which have been previously received by you or your insurer. \ i Therefore, John Oo Ransom seeks damages in the amount of $55,000.00 i { i ICES OF -2- i November 20, 2019 GLIA, P.C esp nd. to this demand at your earlies sil convenience. | ey the r eceived within six’! 1(6) months from gponse has not been I will file the! appropriate civil of: his occurrence, client. aint.on behalf of my co JOHN 0. RANSOM By his attorney i Cfrole febutors i Cherelle’ L. Gentile, Esquire i Law Offices of Joseph a. Cariglia 188 Lincoln street Worcester, MA’ 01605 Tel (508) 791+2357 bod 4 La MAIL NO. 7017 2620 0000 0084 0072' (CEIPT REQUESTED oe ers Insurance Company eal iy jox 430 o, NY 14240-0430 ‘TIN James McConnell, Claim Professional FEA8959 \ sl Claim No. 1 ' ULL, a as LETTER ONLY) j ISPS] How! Ii vides the fo! 0089 " abel). ascot IL NO. 7017 2620 0000 0084 rani rece CEIPT REQUESTED ysrS@-p08 arvice" every 1 Soy othe: “> Adulti with signe® vice”, = adult requires { ay pee purchase yethe. ded with sy request esacceeard ee racaipt or ot sur malpiee®t gn 7590-07 i . . .# . i LAW OFFICES OF ' ‘ JOSEPH J. CARIGLIA, P.C. -2- November 20, 2019 Please respond to this demand at your earliest convenience If a response has not been received within six (6) ‘months from the date of this occurrence, I will file the appropriate eivil complaint on behalf of my client. i \ JOHN O. RANSOM : By his attorney, 4 (probe Abt, Ch L. Gentile, Esquire Law Offices of Joseph ig. Cariglia 188 Lincoln Street Worcester, MA 01605 | 4 Tel (508) 791-2357 CG:kjh Enclosure CERTIFIED MAIL NO. 7017 2620 0000 0084 0072 RETURN RECEIPT REQUESTED cc: Travelers Insurance Company i P.O. Box 430 Buffalo, NY 14240-0430 —~ en a y we, ATTN James Mc gfe Claim Ndi a Mar {oy t[e] ez Pyz ha ms 1, 2, and3. Els me and address on the reverse XH Ager Cl Adaresseaff “Tany an return the card to you. 0 the back of the mailpiece, GHEE RE C. aie” t vail pecs space Permits NOV aaa ala n= D. 's delivery address cferent from iter 12. O Yes" enter: erdelvery addréss below:... lsurance Company. TORS iz Pees a | OF FICIAL (Gekitied Mail ab a4 ee 14240-0430 's McConnell iS. ra Services & Fees (check box, add feo as appropiate) ms Professsional IVA Cirotum Recaipt hardcopy) 3. Service 1 CO Priority Mell Express®"! {LlRetum Recetpt electronic) 8 Postmark, 1 Adult Signature Registered Mali” Cicentiiod Mail Restricted Delivery $ Here Cl Adut Signature Restricted Delivery tered Mall Restricted (cut signature Required 8 5240 9122 0065 17. | Certified Mal@. - Certified Mail lal esticted Delvery 1 Retum Receipt for 90E Acuit signature Restricted Delivery $. ‘Anns Cottect: [Postage elven Resticted Delivery . Cl Signature'Gonfirmation™ 7.85 520 Oooo oo84 qg84 1 Signature Confirmation fatal ‘and Fees i Restcted Delivery fy (over 14.15 4) [Sent To ( 2015 PSN 7530-02-000-9053 jestic Return art Worcester. _Regional T: wuuT uor Ci Sightatite Confirmat Street andi Apt No, oF ms ‘ stricted Delivery LP ier: ‘ALIN: EXECUTIVE OFFICER 2015 PSN 7530-02. 600-8058 City Stat ipa a Domestic Return Re eae Eeraneec ues |