1 COMMONWEALTH OF MASSACHUSETTS ANY COUNTY, ss

COMMONWEALTH OF MASSACHUSETTS

ANY COUNTY, ss SUPERIOR COURT

CIVIL ACTION NO.

______________________________

)

GEORGE HURT, )

LISA HURT & TYLER HURT, )

a Minor by his Parents and Next Friends )

George Hurt & Lisa Hurt, )

Plaintiffs, )

)

v. )

)

ACME SERVICES, INC., )

JOHN NEGLIGENT and )

THE DENY, DELAY, DEFEND )

INSURANCE COMPANY )

Defendants )

______________________________ )

COMPLAINT and JURY DEMAND

PARTIES

1. The Plaintiff, George Hurt (“George”) is an individual residing in Anytown,

Massachusetts.

2. The Plaintiff, Lisa Hurt (“Lisa”) is an individual residing in Abington, Anytown,

Massachusetts.

3. The Plaintiff, Tyler Hurt (“Tyler”), a minor, is the son of George Hurt and Lisa

Hurt, residing in Anytown, Massachusetts.

4. The Defendant, Acme Services, Inc. (“Acme Services”) is on information and

belief a Massachusetts Corporation, which has a principal place of business at 20

Main Street, Suite 202, Anywhere, Massachusetts.

5. The Defendant, John Negligent (“Mr. Negligent”), is an individual residing in

Anywhere, Massachusetts.

6. The Defendant, The Deny, Delay, Defend Insurance Company (“DDD

insurance”) is a Massachusetts corporation with a principal place of business

located at 100 Any Street, Boston, Massachusetts.

7. At all relevant times, DDD Insurance was acting as the authorized insurer of

Defendant Acme Services, Inc. relative to this claim.

COUNT I

Negligence

(George Hurt v. Acme Services, Inc.)

8. The Plaintiff repeats and realleges the preceding paragraphs of this Complaint and

incorporates same herein.

9. At all relevant times including on October 19, 2011, Plaintiff George Hurt was the

owner/operator of an automobile, which was stopped in the northbound lane at a

flashing yellow traffic control signal on Broad Street, a public way in Anytown,

Massachusetts.

10. At all relevant times including October 19, 2011, Defendant Acme Services, Inc.

was the owner of the motor vehicle being operated by John Negligent on Broad

Street, Anytown, Massachusetts. The Defendant Acme Services Inc.’s vehicle

was being operated in an unsafe manner when it slammed into the rear-end of

Plaintiff’s vehicle. After the collision, the operator of the Defendant Acme

Services, Inc.’s truck, John Negligent, was issued Citation #R7010272 for failure

to failure to maintain control of his vehicle and failure to yield by the Anytown

Police.

11. The Defendants Acme Service, Inc. and John Negligent owed a duty of care to the

Plaintiff George Hurt to ensure that the vehicle owned by Acme Services, Inc.

was being operated in a safe and careful manner.

12. Defendants, Acme Services, Inc. and John Negligent did breach said duty of care

by allowing its vehicle to be operated in a negligent and careless manner.

13. As a direct and proximate result of the negligence of the Defendant, Acme

Services, Inc., its employees, agents and for those whose actions it is responsible

for, the Plaintiff George Hurt has been caused to suffer, and continues to suffer

severe and permanent injuries including but limited to, multiple herniated disc

injuries requiring extensive medical care. The Plaintiff George Hurt has suffered

great pain of body and mind, and has been caused to incur substantial medical

expenses for his care. These losses are continuing in nature and Plaintiff will

continue to suffer from said losses in the future. He does not enjoy life as he did

prior to the occurrence.

WHEREFORE, the Plaintiff demands judgment and damages against the

Defendant, Acme Services, Inc., in a sum to be determined at trial, but sufficient to meet

the jurisdictional requirements of this Honorable Court, plus interest, costs and attorneys’

fees.

COUNT II

Negligence

(George Hurt v. John Negligent)

14. The Plaintiff repeats and re-alleges the preceding paragraphs of this Complaint

and incorporates same herein.

15. At all relevant times including on October 19, 2011, Plaintiff George Hurt was the

owner/operator of an automobile, which was stopped in the northbound lane at a

flashing yellow traffic control signal on Broad Street, a public way in Anytown,

Massachusetts.

16. At all relevant times including October 19, 2011, Defendant Acme Services, Inc.

was the owner of the motor vehicle being operated by John Negligent on Broad

Street in Anytown, Massachusetts. The Defendant Acme Services Inc.’s vehicle

was being operated by John Negligent in an unsafe manner when it slammed into

the rear-end of Plaintiff’s vehicle. After the collision, the operator of the

Defendant SJ Services, Inc.’s vehicle, John Negligent, admitted that he had been

looking down at his cell phone at the time of collision and was issued Citation

#R7010272 for failure to maintain control of his vehicle and failure to yield by the

Anytown Police.

17. The Defendants Acme Service, Inc. and John Negligent owed a duty of care to the

Plaintiff George Hurt to ensure that the vehicle owned by Acme Services, Inc.

was being operated in a safe and careful manner.

18. Defendants, Acme Services, Inc. and John Negligent did breach said duty of care

by allowing its vehicle to be operated in a negligent and careless manner.

19. As a direct and proximate result of the negligence of the Defendants John

Negligent and , Acme Services, Inc., its employees, agents and for those whose

actions it is responsible for, the Plaintiff George Hurt has been caused to suffer,

and continues to suffer severe and permanent injuries. The Plaintiff George Hurt

has suffered great pain of body and mind, and has been caused to incur substantial

medical expenses for his care. These losses are continuing in nature and Plaintiff

will continue to suffer from said losses in the future. He does not enjoy life as he

did prior to the occurrence.

WHEREFORE, the Plaintiff demands judgment and damages against the

Defendant, John Negligent, in a sum to be determined at trial, but sufficient to meet the

jurisdictional requirements of this Honorable Court, plus interest, costs and attorneys’

fees.

COUNT III

Loss of Consortium

(Lisa Hurt v. Acme Services, Inc.)

20. The Plaintiffs repeat and re-allege the preceding paragraphs of this Complaint and

incorporate the same herein.

21. That as the result of the negligence of the Defendant, Acme Services, Inc., its

employees, agents and for those whose actions it is responsible for, the Plaintiff,

Lisa Hurt, as Wife of George Hurt, suffered a loss of society and companionship

with her husband.

WHEREFORE, the Plaintiff, Lisa Hurt demands judgment and damages against

the Defendant, Acme Services, Inc., in a sum to be determined at trial, but sufficient to

meet the jurisdictional requirements of this Honorable Court, plus interest, costs and

attorneys’ fees.

COUNT IV

Loss of Consortium

(Tyler Hurt, a Minor by his Parents and Next Friends,

George Hurt & Lisa Hurt v. Acme Services, Inc.)

22. The Plaintiffs repeat and re-allege the preceding paragraphs of this Complaint and

incorporate the same herein.

23. That as the result of the negligence of the Defendant, Acme Services, Inc., its

employees, agents and for those whose actions it is responsible for the Plaintiff,

Tyler Hurt, as son of George Hurt, suffered a loss of society and companionship

with his father.

WHEREFORE, the Plaintiff, Tyler Hurt, a Minor by his Parents and Next

Friends, George Hurt and Lisa Hurt, demands judgment and damages against the

Defendant, Acme Services, Inc., in a sum to be determined at trial, but sufficient to meet

the jurisdictional requirements of this Honorable Court, plus interest, costs and attorneys’

fees.

COUNT V

Loss of Consortium

(Tyler Hurt, a Minor by his Parents and Next Friends,

George Hurt & Lisa Hurt v. John Negligent)

24. The Plaintiffs repeat and re-allege the preceding paragraphs of this Complaint and

incorporate the same herein.

25. That as the result of the negligence of the Defendant, John Negligent and Acme

Services, Inc., its employees, agents and for those whose actions it is responsible

for the Plaintiff, Tyler Hurt, as son of George Hurt, suffered a loss of society and

companionship with his father.

WHEREFORE, the Plaintiff, Tyler Hurt, a Minor by his Parents and Next

Friends, George Hurt and Lisa Hurt, demands judgment and damages against the

Defendants, John Negligent and Acme Services, Inc., in a sum to be determined at trial,

but sufficient to meet the jurisdictional requirements of this Honorable Court, plus

interest, costs and attorneys’ fees.

COUNT VI

Loss of Consortium

(Lisa Hurt v. John Negligent)

26. The Plaintiffs repeat and re-allege the preceding paragraphs of this Complaint and

incorporate the same herein.

27. That as the result of the negligence of the Defendants, John Negligent and Acme

Services, Inc., its employees, agents and for those whose actions it is responsible

for, the Plaintiff, Lisa Hurt, as Wife of George Hurt, suffered a loss of society and

companionship with her husband.

WHEREFORE, the Plaintiff, Lisa Hurt demands judgment and damages against

the Defendants, John Negligent and Acme Services, Inc., in a sum to be determined at

trial, but sufficient to meet the jurisdictional requirements of this Honorable Court, plus

interest, costs and attorneys’ fees.

COUNT VII

Chapter 93A/176D

(George Hurt v. The Deny, Delay, Defend Insurance Company)

28. The Plaintiffs repeat and re-allege the preceding paragraphs of this Complaint and

incorporate same herein.

29. At all relevant times, DDD Insurance was acting as the authorized insurance

company of its insured, Defendant Acme Services, Inc.

30. Plaintiffs provided in a timely fashion to DDD Insurance all requested medical

bills, reports, photographs and additional materials in their possession to allow

DDD Insurance to properly investigate the claim.

31. Plaintiffs submitted a demand package to DDD Insurance on or about June 11

2012, which clearly outlined Plaintiff, George Hurt’s medical status and

appropriate course of treatment.

32. DDD Insurance has nevertheless refused to offer any reasonable settlement of this

claim.

33. On December 20, 2012, Plaintiffs served a demand for relief under G.L. c. 93A

and 176D to DDD Insurance. A copy of the letter of demand is attached hereto as

Exhibit “A”.

34. Despite being provided with a detailed written demand for settlement on June 11,

2012, a written demand for relief pursuant to M.G.L. c. 93A/176D on December

20, 2012, and despite numerous follow-up correspondences dated January 9,

2013, March 20, 2013, April 9, 2013, May 5, 2013 (enclosing three years prior

medical records) and June 15, 2013, DDD Insurance has nevertheless refused to

make a reasonable and good faith offer to settle the claim.

35. The ongoing unfair and deceptive acts and practices of DDD Insurance have now

forced the Plaintiffs to file suit, as DDD Insurance refuses to tender any

reasonable settlement offer.

36. DDD Insurance has committed an unfair claims settlement practice in violation of

G.L. c. 93A and 176D, §3, which include the following unfair practices:

a. Section 3(9)(d): “Refusing to pay claims without conducting a reasonable

investigation based upon all information.”

b. Section 3(9)(f): “Failing to effectuate prompt, fair and equitable

settlements of claims in which liability has become reasonably clear.”

c. Section 3(9)(n): “Failing to provide a reasonable explanation of the basis

in the insurance policy in relation to the facts or applicable law for denial

of a claim or for the offer of a compromise settlement.”

37. DDD Insurance’s refusal to grant relief upon demand was made in bad faith with

knowledge or reason to know that the acts and practices complained of violated

Chapter 93A and 176D.

38. The acts of DDD Insurance were willful and knowing acts in violation of G.L. c.

93A and 176D.

39. The failure of DDD Insurance to make a reasonable offer of settlement is a willful

and knowing violation of G.L. c. 93A and 176D.

40. As a result of said Defendant’s unfair and deceptive acts and practices, the

Plaintiffs have incurred substantial damages and costs.

WHEREFORE, the Plaintiffs, pray that the Court grant the following relief against

Defendant DDD Insurance:

a. Find that the conduct of the Defendant was a violation of Chapter 93A and

176D.

b. Find that the actions of Defendant were willful and knowing violations of

Chapter 93A and 176D and/or that its refusal to grant relief upon demand

was made in bad faith.

c. Award damages to the Plaintiffs in an amount to be determined at trial,

plus interest and costs as provided by law;

d. Award Plaintiffs double/treble damages and attorneys’ fees on his claims.

e. Grant other such relief as the Court deems just and appropriate

COUNT VIII

NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

(George Hurt v. Acme Services, Inc.)

41. The Plaintiffs repeat and re-allege the preceding paragraphs of this Complaint

and incorporate same herein.

42. Defendant, Acme Services, Inc. owed a duty of care to the Plaintiff under the

circumstances existing.

43. Defendant, Acme Services, Inc. breached that duty of care through its

negligent conduct.

44. The Plaintiff suffered severe emotional distress and physical harm as a result

of the Defendant’s negligence.

WHEREFORE, the Plaintiffs demand judgment and damages against the

Defendant, Acme Services, Inc., in a sum to be determined at trial, but sufficient to meet

the jurisdictional requirements of this Honorable Court, plus interest, costs and attorneys’

fees.

COUNT IX

NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

(George Hurt v. John Negligent)

45. The Plaintiffs repeat and re-allege the preceding paragraphs of this Complaint

and incorporate same herein.

46. Defendants, John Negligent and Acme Services, Inc. owed a duty of care to

the Plaintiff under the circumstances existing.

47. Defendants, John Negligent and Acme Services, Inc. breached that duty of

care through its negligent conduct.

48. The Plaintiff suffered severe emotional distress and physical harm as a result

of the Defendant’s negligence.

WHEREFORE, the Plaintiffs demand judgment and damages against the

Defendants, John Negligent and Acme Services, Inc., in a sum to be determined at trial,

but sufficient to meet the jurisdictional requirements of this Honorable Court, plus

interest, costs and attorneys’ fees.

DEMAND FOR JURY TRIAL

Plaintiffs hereby make demand for trial by jury on all issues so triable.

The Plaintiffs,

George Hurt, Lisa Hurt &

Tyler Hurt, a Minor

by his Parents and Next Friends,

George Hurt & Lisa Hurt

By their Attorney,

Joseph K. Curran, Jr., Esq.

Curran & Desharnais, P.C.

11 Front Street, Suite One

Weymouth, MA 02189

781-331-3811 Telephone

781-331-3866 Facsimile

Dated:

Plaintiffs reserve their right to file additional counts.