No preview available
HomeMy WebLinkAboutLAWLOR, JOSEPH .Frederick Uehlein Leonard Y.NssUEHLEIN&.NASON tm Ellen Gershon Banov ATTORNEYS AT LAW Richard A.Wall Nora Z Tolins• Lakewood Office Park (508)651-7524 Scott L.Machanic 220 North Main Street Dana A.Cedinr (617)237-7030 Daniel M.Cunningham Natick,Massachusetts 01760 FAX No:(508)653-0119 Mark A.Reinhalter- Laura A.Sanford Robin I.Houston Robert A.Wall Faith D.Segal Of Counsel Edward C.Uehlein Admixed to New Jersey gar 1# Claims Administrators: t Admitted to New Hampshire Bar Ze Paul G.Brown °0 Admitted to Ohio and Maine&r Karen R.Townshend 0 1OSs-0 rn January 23 , 1990 ' Clerk ' s Office for Civil Business Essex Superior Court 34 Federal Street Salem, MA 01970 Re: Lunlbermen' s Mutual Casualty Company vs. Town of North Andoverr et. al . Civil No: 89-3482 Dear Sir or Madam: Enclosed for tiling with respect to the above-captioned matter , please find the following: 1 . Notice of Change of Firm Name; and 2. Certificate of Service. Thank you very much. Yours truly, UEHLEIN NASON_, `-Scott L. Machanic SLM/ag CC: Peter L. Hatemr Esquire Town Clerkr Town of North Andoveru Debra A. Lawlor Chad R. Lawlor Jarred J. Lawlor Corey T. Lawlor Audrey Adams COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT DEPT. CIVIL ACTION NO: 89-3482 i LUMBERMEN' S MUTUAL CASUALTY } CO. } Plaintiff } ) VS. ) NOTICE OF CHANGE OF FIRM NAME } TOWN OF NORTH ANDOVER, ET.AL. , } Defendants } Now comes Scott L. Machanic , attorney for the Plaintiff , and hereby notifies the Court and all parties to this action of a change in the name of the tirm representing Plaintiff , which will hereinafter be called UEHLEIN & NASON. Respectfully Submitted Lumbermen' s Mutual Casualty Co. , By its attorneys, Scott L. Machanic-BBO: 311120 UEHLEIN & NASON 220 North Main Street Natick, MA 01760 (617) 237-7030 DATED: I _ I P" CERTIFICATE OF SERVICE I, Scott L. Mac hanic, hereby certify that on this day I served a copy of the foregoing on all parties to this action by mailing a copy, first class, postage prepaid to the following people: Peter C. Hatem, Esquire Hatem & Mahoney 127 Turnpike Street North Andover, MA 01845 Town Clerk Town of North Andover Town Hall North Andover, Ma 01845 Debra Lawlor 41 Adams Avenue North Andover, MA 01845 Chad R. Lawlor 41 Adams Avenue North Andover, MA 01845 Jarred J. Lawlor 41 Adams Avenue North Andover, MA 01845 Corey T. Lawlor 41 Adams Avenue / North Andover, MA 01845 , Scott L. Machanic- BBO: 311120 UEHLEIN & NASON 220 North Main Street Natick, MA 01760 (617) 237-7030 DATED: (TJ)PLAINTIFF'S ATTORNEY: Please Circle Type of Action Involved:—TORT—MOTOR VEHICLE TORT— CONTRACT—EQUITABLE RELIEF HER. ° COMMONWEALTH OF MASSACHUSETTS °" ESSEX,ss SUPERIOR COURT I' CIVIL ACTION No. 89-3482 LUMBERMEN"S MUTUAL CASUALTY CO. •. -- ----------•---•_--- -----------------_...................... ........ _. .... ....... Plaintiff(s) V. v tet TOWN OF NORTH ANDOVER, ET. AL. a . . ...._ _. _ .-» ».. .... ...» _ _._..». Defendant(s) _ m rn> T C C= 70 SUMMONS ° To the above named Defendant: a o 8 You are hereby summoned and required to serve upon Scott.. L. Machanic of Uehlein & Nasor. ts 200 North Main St. Natick MA_.01760 plaintiffs attorney, whose address is ...»...........................__.............._..r.................._...r. ....»..., an answer to the 3 .c N complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclu- 'o $ sive of the day of service. If you fail to do so, judgment by default wilt be taken against you for the relief de- omantled in the complaint. You are also required to file your answer to the complaint in the office of the Clerk 3 of this court at _. 4.7.=.............•............... either before service upon plaintiffs attorney or within a reasonable � .5 3 time thereafter. w m 3 Unless otherwise provided by Rule 13 (a),your answer must state as a counterclaim any claim which you may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim or you will thereafter be barred from making such claim in any other action. n ?' a° w ° WITNESS,Thomas R.Morse,Jr.,Esquire,at Salem,the A day of in the year of our Lord one thousand Z a nine hundred and eighty w z Q Y y NOTES: 1. Thissummons is' p un cant I u le 4 of the Massachusetts Rules of Civil Procedure. . tdR 2 When more than n defendant is involved,the names of an defendants should appar in thesaption.if a separate summons is used for each defendant.each sh ld be addressed to the particular defendant. SC 15 Form 1 4 INDxNE_w9 ESSEX COURT EBUR C'EVIL BUSINESS P R E: S U M P T I V E: E) A T- E U P D A T F. D()CKE:T 89O;4482 P L A I N*1'1 FF L.UMBERME=N5 MUT GAS CO DEFENDANT L.AWLC)R CHAD /BY MOTFIR/DEB RAN - ---..._ DOC".KE T NC------- ENTRY DATE CA:iC: TYPE TkACI< 5ESr3 89O:3482 122289 01.3 A A — 02 ;liRVICE COMPLETED . . . . • . . 03229C 05 ARSWE R F IL.ED . . w . •Y w • . . • w . • • • • . • w w w It) RLK.ES 1.2, 1`.; , 19, ..'O MOTIONS HEARD. 05219C 20 DISCOVERY COMPLETED . . . . . . . . . . . . . . . . O41691 :30 RULE'S 55 MOTIONS Ii1EARD 0.`.1.1691. s?: 40 PRETRIAL CONFERENCE . . . . . . . . . 051791 Al .1 DATE AS TO EVENT 40. FUR-1AFA NOTICE WIU- BE: SEN 60 TRIAL • . . . . . . w • • • • . w . . . . . . . . . • • w . . w . 50 TRIAL C'ONE'INUI_I] 'T0 . . . . . . . . w . . . . 000000 LAST CONTINUANCE . . . . . . . . . . . . . . . DKT NO SUFE -- --- ---- -- . _..- - INQUIRY BREAK Copy Bailed To - p , ` plain if f s. Atty. on• f �- Defendants Atty. on - C .iMONWEALTH OF MASSACHUSETT-W ESSEXr SS. SUPERIOR COURT DEPT. CIVIL ACTION N0: LUMBERMENS MUTUAL CASUALTY ) COMPANY, . . ) PLAINTIFF ) VS. } COMPLAINT TOWN OF NORTH ANDOVER, } JOSEPH- W. LAWLOR, ADMINISTRATOR) OF THE ESTATE OF JOSEPH W. ) LAWLORr JR. ; DEBORAH A. LAWLOR,) INDIVIDUALLY; AND CHAD R. ) LAWLOR, -JARRAD J, LAWLOR AND ) OOREY T. LAWLORr BY THEIR ) MOTHER AND NEXT FRIEND DEBORAH ) A. LAWLOR, ) DEFENDANTS ) 1. This is a declaratory judgment action, brought pursuant to Mass. G. L. ch. 231A, 51 et seq. Subject matter jurisdiction is vested in this Court pursuant to that statute, 2 . Lumbermens Mutual Casualty Company is a foreign corporation, licensed to do business in the Commonwealth of Massachusetts. 3 . Defendant Town of North Andover is a political sub—division of the Commonwealth. 4 . Upon information and belief Defendant Joseph W. Lawlor is the the duly appointed and qualified administrator of the estate of Joseph W. Lawlor , Jr. and resides at 290 Stevens Street , North Andover-, Massachusetts. 5 . Defendant Barbara A. Lawlor resides,, upon information and belief, at 51 Adams Avenue, North Andoverr Massachusetts. 6 . The Defendants Chad R. Lawlorr Jarred J. Lawlor and Corey T. Lawlor , upon information and belief are minors who reside at 39 Adams Avenue, North Andover, Massachusetts. 7 . Defendants Joseph W. Lawlor , Administrator of the estate of Joseph W. Lawlorr Jr. r. Deborah A. Lawlorr individually and Chad R. Lawlor , - Jarred J. Lawlor and Corey T. Lawlor , by their mother and next friend , Deborah A. Lawlor , have commenced a civil action, pending in Essex Superior Court , being Civil No: 82-1824 , against PAG E 2 the Town of North Andover , arising from the death of Joseph W . Lawlor , Jr. In that civil action. Plaintiffs have alleged that, on March 27 , 1981 , Joseph W. Lawlor . Jr. was an employee with the Town of North Andover, was occupying a motor vehicle owned by the Town and , as a result of the negligent and wrongful acts in the maintenance of the motor vehicle, the Town of North Andover was legally responsible for the death of Joseph W. Lawlor, Jr. B . During the period of January 1 . 1981 until January 1 . 1982 . Plaintiff Lumbermens Mutual Casualty Company had issued to the Town of North Andover a Workers' Compensation and Employer ' s Liability insurance policy, number ICL 961 838 . 9 . The policy issued by the Plaintiff to the Town of North Andover provides in part as follows: The company agrees with the insured , named in the declarations made a part hereof, in consideration of the payment of the premium and reliance upon a statements in the declarations and subject to .the limitsofliability , exclusions, conditions and other terms of this policy: . . . COVERAGE B = EMPLOYERS' LIABILITY To pay on behalf of the insured all sums which the insured shall be legally obligated to pay as damages because of bodily injury by accident or disease , including death at any time resulting therefrom, (a) sustained in the United States of America. .. by any employee of the insured arising out of and in the course of his employment by the insured. . . 10 . There has arisen a dispute between the Plaintiff and the Defendant Town of North Andover with respect to whether Joseph W. Lawlor , Jr. was a "employee" in the course of his employment with the Town of North Andover. PAGE 3 11 . The policy further provides as follows: This policy does not apply : . . . M Under coverage B. to any .obligation for which the insured or any carrier as his insurer may be held liable under any other workmen ' s compensation or occupational of disease law , any unemployment compensation or disability benefits law, or under any similar law. 12 . There has arisen a dispute between the Plaintiff and the Defendant Town of North Andover as to the applicability of this exclusion with respect to the claims on behalf of Joseph W. Lawlor , Jr. 13 . The policy issued by Plaintiff further 'provides as follows : 5 . Notice of Injury. When an injury occurs written notice shall be given by or on behalf of the insured to the company or any of its authorized agents as soon as practicable. Such notice shall contain particulars sufficient to identify the insured and also reasonably obtainable information respecting the time, place and circumstances of the injury, the names and addresses of the inured and of available witnesses. 14 . The policy issued by Plaintiff to the Town of North Andover further provided as follows: 6 . Notice of Claim or Suit. y If claim is made or suit or other proceeding is brought against the insured, the insured shall immediately forward to the company every demand , notice , summons or other process received by him or his representative. PAGE 4 • 15 . In 1981 , counsel for the Lawlor family sent a letter , allegedly pursuant to M.G. L. ch. 258 , §4 to the selectmen of the Town of North Andover . 16 . In September of 1982 , the selectmen of the Town of North Andover voted to appoint Douglas Randall to serve as special legal counsel to def endhe t Town of North Andover with respect to the suit. brought, arising from the death of Joseph W. Lawlor , Jr. 17 . In March of 1989 . the Town of North Andover , through its counsel , requested defense and indemnity for the Town of North Andover under the Plaintiff ' s insurance policy. 18 . A dispute has arisen between the parties concerning the application of Conditions 5 and 6 of the involved policy. 19 . Upon information and belief, because of the delay of the Town of North Andover in notifying the Plaintiff , Plaintiff has been prejudiced. WHEREFORE, the Town of North Andover prays that judgment be entered in its favor , against the Defendants , in each of the following areas: a. That the rights of the parties under the involved policy be declared; b . That the Court declare that Plaintiff has no obligation to defend the Town of North Andover with respect to the involved litigation arising from the death of Joseph W. Lawlor , Jr. ; C. That this Court declare that Plaintiff has no obligationto indemnify the Town of North Andover with respect to claims brought and currently pending, 'arising from the death of Joseph W. Lawlor , Jr. ; d . That Plaintiff be awarded costs of this action ; and a , PAGE 5 juste. Such other relief as this Honorable Court deems fair and . - Respectfully Submitted Lumbermens Mutual Casualty Company By its atto, neys, J GLi Sco--ft L:Machanic-BBO: 311120 RICKLEFS, UEHLEIN & NASON 220- North Main Street Natick , MA 01760 / �q (617) 237-7030 DATED: _!����f o 1_--- W. ,"nardYNk son n UEHLEIN&NASON 4xonardY.Nason' Ellen Gershon Banov ATTORNEYS AT LAW Richard A.Wall Nora Z.Tolins* Lakewocxl Office Park A Colin 1 Street (508)651-7524 Scat Iolin220 North Main S Dana A. -- -- (617)237-7030 Daniel M.Cunningham Natick,Massachusetts 01760 FAX No:(508)653-0119 Mark A.Reinhalter- Laura A.Sanford Robin L Houston Robert A.Wall Faith D.Segal Of Counsel: Edward C.Uehlein Admixed w New]ersey Bar Claims Administrators: i Admitted ,,Ncw Hampshire Bar Paul G.Brown °O Admitted to OMS,and Maine Bar Karen R.Townshend L x � 0 c mC)s* + czM January 23 . 1990 Peter L. Hatem, Esquire a r Q rr Hatem & Mahoney rn"� 127 Turnpike Street 7° North Andover, MA 01845 RE: Lumbermen' s Casualty Co. vs. Town of North Andover Civil Action No: 89-3482 Dear Mr. Hatem: Enclosed in reference to the above-captioned matter , please find the following: 1 . Plaintiff Lumbermen' s Mutual Casualty Co. ' s First Set of Interrogatories To The Town of North Andover; 2. Plaintiff Lumbermen ' s Mutual Casualty Co . ' s First Set of Interrogatories To Joseph W. Lawlor, Administrator of The Estate of Joseph W. Lawlorr Jr. ; 3. Plaintiff Lumbermen' s Mutual Casualty Co. ' s First Request for Production of Documents To the Town of North Andover; and 4. Plaintiff Lumbermen' s Mutual Casualty Co. ' s First Request for Production of Documents To Joseph W. Lawlor , Administrator of The Estate of Joseph W. Lawlor, Jr. UEHLEIN&NASON Pag e 2 Pursuant to Mass. R. Civ. P. 5 (d) (2) , the Requests for Production of Documents have not been tiled with the Court. Thank you very much. Yours truly, UEHLEIN "I ASON z IX b of L. SLM/ag Machanic cc: Town Clerk , Town of North Andover Debra A. Lawlor Chad R. Lawlor Jarred J. Lawlor Corey T. Lawlor Audrey Adams COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT DEPT. CIVIL ACTION NO: 89-3482 LUMBERMEN' S MUTUAL ) CASUALTY CO. ) Plaintiff ) } VS. ) LUMBERMEN' S MUTUAL CASUALTY CO. ' S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO THE TOWN OF NORTH ANDOVER TOWN OF NORTH ANDOVER, ET. AL. ,) Defendants j 1 . All pleadings filed or served by any party to Civil No: 82-1824 , pending in Essex Superior Court. 2. All records concerning or relating to the maintenance, at any time from March 27 , 1979 until July 1 , 1981 , of the motor vehicle occupied by Joseph W. Lawlor, Jr. at the time of the incident leading to his death. 3 . All records of any investigation of the incident leading to the death of Joseph W. Lawlor, Jr. by any officer or other member of the police department of the Town of North Andover. 4. All documents which concern or relate to any investigation of the incident leading to the death of Joseph W. Lawlor , Jr . by any governmental agency or body other than the Town of North Andover. 5 . All documents which concern or relate to the first notification to the Town of North Andover of the fact of, or the circumstances of, the death of Joseph W. Lawlor, Jr. 6 . All documents which concern or relate to the manner in which the Town of North Andover first became aware that a claim of any type was being made against it arising from or relating to the death of Joseph W. Lawlor, Jr. 7 . All documents which concern or relate to the manner in which the Town of North Andover first became aware that any suit was filed against it arising from or relating to the death of Joseph W. Lawlor, Jr. y Pag e 2 8. The Summons and Complaint served on the Town of North Andover in any lawsuit filed against it arising from or relating to the death of Joseph W. Lawlor, Jr. 9 . All documents which concern or relate to any communications with any insurance agent or insurance company concerning potential insurance coverage for any claims made against the Town of North Andover arising from or relating to the death of Joseph W. Lawlor , Jr. 10 . All documents which concern or relate to any communications between or among employees, agents, or officers of the Town of North Andover concerning potential insurance coverage for any claims made against the Town of North Andover arising from or relating to the death of Joseph W. Lawlor, Jr. 11 . All documents concerning or relating to any activities of Joseph W. Lawlor, Jr. or any other occupant of the motor vehicle involved in the incident leading to his death, in the 24-hour period prior to the incident leading to the death of Joseph W. Lawlor, Jr. 12. All documents concerning or relating to any communications by Joseph W. Lawlor, Jr . or any other occupant of the motor vehicle involved in the incident leading to his death, in , the period beginning 12 hours prior to the incident leading to the death of Joseph W. Lawlor, Jr. and ending six hours after the death of Joseph W. Lawlor, Jr. 13. All documents which concern or relate to the mechanical condition of the motor vehicle occupied by Joseph W. Lawlor , Jr. at the time of the incident leading to his death, which documents were authored or generated by any time from March 1 , 1981 to the present. 14 . All documents which concern or relate to the cause of death of Joseph w. Lawlor, Jr. 15 . All documents which concern or relate to any communication by or on behalf of the Town of North Andover to any agent or employee of Lumbermen' s Mutual Casualty Co. concerning or relating to the death of Joseph W. Lawlor, Jr. and/or any claims or suits arising from or COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT DEPT. CIVIL ACTION NO: 89-3482 LUMBERMEN' S MUTUAL ) CASUALTY CO. } Plaintiff } VS. ) LUMBERMEN' S MUTUAL CASUALTY CO. ' S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO JOSEPH W. LAWLOR, ADMINISTRATOR OF THE ESTATE OF JOSEPH W. LAWLOR, JR. } TOWN OF NORTH ANDOVER, ET. AL. ,) Defendants ) 1 . All pleadings filed or served by any party to Civil No: 82-1824 , pending in Essex Superior Court. 2. All records concerning or relating to the maintenance at any time from March 27 , 1979 until July 1 , 1981 , of the motor vehicle occupied by Joseph W. Lawlor, Jr. at the time of the incident leading to his death. 3 . All records of any investigation of the incident leading to the death of Joseph W. Lawlor, Jr. by any officer or other member of the police department of the Town of North Andover. 4. All documents which concern or relate to any investigation of the incident leading to the death of Joseph W. Lawlor , Jr . by any governmental agency or body other than the Town of North Andover. 5 . All documents which concern or relate to the first notification of the Town of North Andover of the fact of, or the circumstances of, the death of Joseph W. Lawlor, Jr. 6 . All documents which concern or relate to the manner in which the Town of North Andover first became aware that a claim of any type was being made against it arising from or relating to the death of Joseph W. Lawlor, Jr. 7 . All documents which concern or relate to the manner in which the Town of North Andover first became aware that any suit was filed against it arising from or relating to the death of Joseph W. Lawlor, Jr. Page 2 8. The Summons and . Complaint served on the Town of North Andover in any lawsuit filed against it arising from or relating to the death of Joseph W. Lawlor, Jr. 9. All documents concerning or relating to any activities of Joseph W. Lawlor, Jr. or any other occupant of the motor vehicle involved in his death, in the 24-hour period prior to the incident leading to the death of Joseph W. Lawlor, Jr. 10 . All documents concerning or relating to any communications by Joseph W. Lawlor, Jr . or any other occupant of the motor vehicle involved in his death, in the period beginning 12 hours prior to the incident leading to the death of Joseph W. Lawlor, Jr. and ending six hours after the death of Joseph W. Lawlor, Jr. 11. All documents which concern or relate to the mechanical condition of the motor vehicle occupied by Joseph W. Lawlor, Jr. at the time of the incident leading to his death, which documents were authored or generated by any time from March 1 , 1981 to the present. 12. All documents which concern or relate to the cause of death of Joseph w. Lawlor, Jr. 13. All documents which concern or relate to any communication by or on behalf of the Town of North Andover to any agent or employee of Lumbermen' s Mutual Casualty Co. concerning or relating to the death of Joseph W. Lawlor, Jr. and/or any claims or suits arising from or relating to the death of Joseph W. Lawlor , Jr . or the incident leading to the death of Joseph W. Lawlor, Jr. 14 . All documents which concern or relate to any communication by anyone to any agent or employee of Lumbermen' s Mutual Casualty Co . concerning or relating to the death of Joseph W. Lawlor, Jr . and/or any claims or suits arising from or relating to the death of Joseph W. Lawlor, Jr. or the incident leading to the death of Joseph W. Lawlor, Jr. 15 . All documents which concern or relate to any statements taken or obtained from any witness with knowledge or information concerning Joseph Lawlor, Jr. ' s activities at any time in the period from 24 hours prior to the incident leading to his death until the time of his death. Pag e 3 relating to the death of Joseph W. Lawlor , Jr . or the incident leading to the death of Joseph W. Lawlor, Jr. 16. All documents which concern or relate to any communication by anyone to any agent or employee of Lumbermen' s Mutual Casualty Co. concerning or relating to the death of Joseph W. Lawlor, Jr. and/or any claims or suits arising from or relating to the death of Joseph W. Lawlor, Jr. or the incident leading to the death of Joseph W. Lawlor, Jr. 17 . All documents which concern or relate to any statements taken or obtained from any witness with knowledge or information concerning Joseph Lawlor, Jr. ' s activities at any time in the period from 24 hours prior to the incident leading to his death until the time of his death. 18. All documents which concern or relate to any statements taken or obtained from any witness with knowledge or information of the mechanical condition of the motor vehicle occupied by Joseph W. Lawlor, Jr. at the time of the incident leading to his death. 19. All documents which concern or relate to any statements taken or obtained from any witness with knowledge or information of any other occupant of the motor vehicle involved in the incident leading to his death, in the period beginning 12 hours prior to the incident leading to the death of Joseph W. Lawlor, Jr . and ending six hours after the death of Joseph W. Lawlor, Jr. 20 . The motor vehicle which Joseph Lawlorr Jr. was occupying at the time of the incident which lead to his death. Respectfully Submitted Lumbermen' s Mutual Casualty Co. By it attorneys, , Sc-ott L. Machanic-BBO: 311120 UEHLEIN & NASON 220 North Main Street Natick, MA 01760 DATED: ! �7� / (617) 237-7030 y. W.frederick L9ehlein UEHLEIN 1St NASON L.eJnard Y.Y.Nason Ellen Gershon Banov _ _ ATTORNEYS AT LAW Richard A.Wall _ Nora i Lakewood Office Park seem L.L.MaMechhaa nic 220 North Main Street ( )651-7524 Dana A.Cetlint (617617)237-7030030 Daniel M.Cunningham Natick,Massachusetts 01760 e FAX No:(508)653-0119 Mark A.Reinhalter- Laura A.Sanford Robin 1.Houston Robert A.Wall Faith D.Segal Of Counsel: Edward C.Uehlein * Admated to New let,ey Bar Claims Administrators: i Admined to New Hamtrhire nar Paul G.Brown °O Admitted to Ohio amt Maine nar Karen R.Townshend x O L -_1 O C71f me January 23 , 1990 0 Clerk ' s Office for Civil Business Essex Superior Court 34 Federal Street Salem, MA 01970 RE: Lumbermen' s Mutual Casualty Co. V. Town of North Andover Civil No: 89-3482 Dear Sir or Madam: Enclosed for filing with respect to the above-captioned matter , please find the following: 1 . Plaintiff Lumbermen ' s Mutual Casualty Co. ' s First Set of Interrogatories To The Town of North Andover; 2. Plaintiff Lumbermen ' s Mutual Casualty Co. ' s First Set of Interrogatories To Joseph W. Lawlorr Administrator of The Estate of Joseph W. Lawlor, Jr. ; Thank you very much. Very try yours, UEHLEIN & NASON 56ott L. Mechanic SLM/ag Enclosures cc: Peter C. Hatemr Esquire / Town Clerk, Town of North Andover Debra A. Lawlor Chad R. Lawlor Jarred J. Lawlor Corey T. Lawlor Audrey Adams COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT DEPT. CIVIL ACTION NO: 89-3482 LUMBERMEN' S MUTUAL ) CASUALTY CO. ) Plaintiff ) VS. ) LUMBERMENS MUTUAL CASUALTY CO. ' S FIRST SET OF INTERROGATORIES TO THE TOWN OF NORTH ANDOVER TOWN OF NORTH ANDOVER, ET. AL. ,) Defendants ) 1. Please state your name, residential address, business address and your job title with the Defendant Town of North Andover. 2. Please state the date, time and manner in which the Town of North Andover first became aware of the circumstances of Joseph Lawlor , Jr. ' s death, and state the name, current or last-known residential address and then job title of any employees or agents of the Defendant Town of North Andover who first became aware of the circumstances. 3 . Please state the date, time and manner in which the Town of North Andover first became aware that a claim of any type was being made against it for any alleged legal liability arising from the death of Joseph Lawlor , Jr . , and state the name, current or last-known residential address and then job title of any employee(s) or agent (s) of the Defendant Town of North Andover who first became aware that such a claim was being made. 4. Please state the date, time and manner in which the Town of North Andover first became aware that any suit was filed against it arising from the death of Joseph W. Lawlor, Jr. ; state the name, current or last-known residential address and then an em job title of employee(s) J Y to eeP Y ) or agent (s) of the Defendant Town of North Andover who first became aware that such a suit had been filed, and state the court and civil action number of each suit. Pag e 2 5. For each activity undertaken by or on behalf of the Town of North Andover concerning or relating to any potential insurance coverage for claims made against the Town arising from the death of Joseph W. Lawlor, Jr. , please state: (a) The name of the insurance company providing the policy, the policy number, the dates between which the policy was in effect, the dollar limits of coverage under the policy, and the type of coverage provided (e.g. , workers' compensation, automobile liability, general liability, officers' and directors' , etc. ) ; (n) The date of each action, a description of the activity undertaken, the purpose of each activity or reason the activity was undertaken, and the name, current or last-known residential address and job title of each person involved in or performing each activity. 6 . For each person who has knowledge or information concerning the maintenance in the two years prior to March 27 , 1981 , of the motor vehicle in which Joseph W. Lawlor, Jr. was sitting at the time of the incident leading to his death, please state his or her name, current residential address , last-known residential address , current employer , the date and time anyone on behalf of this Defendant interviewed or obtained any statement from each person identified, and the name, aduress and relationship to the Defendant of each person present when the interview or statement was obtained. 7 . For each person who has knowledge or information concerning Joseph W. Lawlor , Jr . ' s activities in the 24 hours prior to his death, please state his or her name, current residential address , last-known residential address, current employer, the date and time anyone on behalf of this Defendant interviewed or obtained any statement from each person identified , and the name, address and relationship to this Defendant of each person present when the interview or statement was obtained. 8. For each person who has any knowledge or information concerning the mechanical condition of the motor vehicle in which Joseph W. Lawlor, Jr. was sitting at the time of the incident leading to his death, please state his or her name, current residential address , last-known residential address, current employer, the date and time anyone on behalf of the e Defendant interviewed or obtained any statement from each person identified , and the name, address and relationship to the Defendant of each person present when the interview or statement was obtained. Page 3 9. For each inspection o P r examination of the mechanical condition of the motor vehicle in which Joseph W. Lawlor, Jr. was sitting at the time of the incident leading to his death, which examination or inspection occurred after the incident, please state the date, time, and place where each inspection or examination occurred , the name, current residential address , last known residential address , then-employer and job title of each person present of each inspection or examination; and the date, author and recipient ( s ) of each document concerning any observations made by any person at any inspection or examination. 10 . Please state the date, time , place, manner of communication involved, and name, residential address and employer of each person involved, of each notification given to Lumbermen' s Mutual Casualty Company concerning the death of Joseph W. Lawlor, Jr. , or concerning any claim arising from the death of Joseph W; Lawlor, Jr. Respectfully Submitted Lumbermen' s Mutual Casualty Co. By its attorneys, ott L. Machanic-BBO: 311120 UEHLEIN & NASON 220 North Main Street Natick , MA 01760 (617) 237-7030 DAT®: �Za �d COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT DEPT. CIVIL ACTION NO: 89-3482 LUMBERMEN' S MUTUAL ) CASUALTY CO. ) Plaintiff ) ) VS. ) LUMBERMENS MUTUAL CASUALTY CO. ' S FIRST SET OF INTERROGATORIES TO JOSEPH W. LAWLOR, ADMINSTRATOR OF THE ESTATE OF JOSEPH W. LAWLOR, JR. TOWN OF NORTH ANDOVER, ET. AL. ,) Defendants ) 1. Please state the date, time and manner in which the Town of North Andover first became aware of the circumstances of Joseph Lawlor , Jr. ' s death, and state the name, current or last-known residential address and then job title of any employees or agents of the Defendant Town of North Andover who first became aware of the circumstances. 2. Please state the date, time and manner in which the Town of North Andover first became aware that a claim of any type was being made against it for any alleged legal liability arising from the death of Joseph Lawlor , Jr . , and state the name, current or last-known residential address and then job title of any employee(s) or agent (s) of the Defendant Town of North Andover who first became aware that such a claim was being made. 3. Please state the date, time and manner in which the Town of North Andover first became aware that any suit was filed against it arising from the death of Joseph W. Lawlor, Jr. , state the name, current or last-known residential address and then job title of any employee(s) or agent (s) of the Defendant Town of North Andover who first became aware that such a suit had been filed, and state the court and civil action number of each suit. Page 2 4 . For each person who has knowledge or information concerning the maintenance in the two years prior to March 27 , 1981 , of the motor vehicle in which Joseph W. Lawlor, Jr. was sitting at the time of the incident leading to his death, please state his or her name, current residential address, last-known residential address , current employer , the date and time anyone on behalf of this Defendant interviewed or obtained any statement from each person identified, and the name, address and relationship to this Defendant of each person present when the interview or statement was obtained. 5 . For each person who has knowledge or information concerning Joseph W. Lawlor , Jr . ' s activities in the 24 hours prior to his death, please state his or her name, current residential address , last-known residential address, current employer, the date and time anyone on behalf of this Defendant interviewed or obtained any statement from each person identified, and the name, address and relationship to this Defendant of each person present when the interview or statement was obtained. 6 . For each person who has any knowledge or information concerning the mechanical condition of the motor vehicle in which Joseph W. Lawlor, Jr. was sitting at the time of the incident leading to his death, please state his or her name, current residential address , last-known residential address, current employer, the date and time anyone on behalf of the Defendant interviewed or obtained any statement from each person identified, and the name, address and relationship to the Defendant of each person present when the interview or statement was obtained. 7. For each inspection or examination of the mechanical condition of the motor vehicle in which Joseph W. Lawlor, Jr. was sitting at the time of the incident leading to his death, which examination or inspection occurred after the incident, please state the date, time, and place where each 'inspection or examination occurred , the name, current residential address, then-employer and job title of each Page 3 person present of each inspection or examination,enation, and the date and author of each document concerning any observations made by any person at any inspection or examination. Respectfully Submitted Lumbermen' s Mutual Casualty Co. By its a torn/e7yssr a Scott L. Machanic-BBO: 311120 UEHLEIN & NASON 220 North Main Street Natick, MA 01760 (617) 237-7030 DATED: 7v i CERTIFICATE QF SERVICE I, Scott L. Machanic, hereby certify that on this day I served a copy of the foregoing on all parties to this action by mailing a copy, first class, postage prepaid to the following people: Peter C. Hatem, Esquire Hatem & Mahoney 127 Turnpike Street North Andover, MA 01845 Town Clerk Town of North Andover Town Hall North Andover, Ma 01845 Debra Lawlor 41 Adams Avenue North Andover, MA 01845 Chad R. Lawlor 41 Adams Avenue North Andover, MA 01845 Jarred J. Lawlor 41 Adams Avenue North Andover, MA 01845 Corey T. Lawlor 41 Adams Avenue North Andover, MA 01845 " Scott L, Machanic- BBO: 311120 UEHLEIN & NASON 220 North Main Street Natick, MA 01760 (617) 237-7030 DATED: — �� 1�0 it