COMMONWEALTH OF MASSACHUSETTS PLYMOUTH, ss SUPERIOR COURT DEPARTMENT CIVIL ACTION NO.: 15380v1121 FEIN, in her individual capacity and As Mother and Next Friend of her minor daughter, ISABELLE FEIN, Plaintiff, v. FREDERIC L. CHAMBERLAIN CENTER, INC, MELISSA S. CONNORS, JULIEN BIRCH, LAWRENCE MUTTY, ROSEMARIE COLLEEN QUAILE, OLIVIA GALBOTA, ALVES, and CODY ELICIER, Defendants. FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL I. PARTIES 1. The Plaintiff, Fein (?Ms Fein?) is an individual who at all times relevant hereto has been a resident of Eastchester, Westchester County, State of New York. Ms. Fein is the mother and next friend of her minor daughter, Isabelle Fein (?Isabelle?). 2. The Defendant, Frederic L. Chamberlain Center, Inc. (?Chamberlain?), at all times herein mentioned was a Massachusetts private, approved special education boarding school located at 1 Pleasant Street, Middleboro, Plymouth County, Commonwealth of Massachusetts. 3. The Defendant, Melissa S. Connors Connors?), at all times herein mentioned was the Program Director of Chamberlain. Upon information and belief, at all times relevant hereto, Ms. Connors was a resident of the Commonwealth of Massachusetts. 4. The Defendant, ulien Birch Birch?), at all times herein mentioned was the Residential Director of Chamberlain. Upon information and belief, at all times relevant hereto, Mr. Birch was a resident of the Commonwealth of Massachusetts. 5. I The Defendant, Lawrence Mutty Mutty?), at all times herein mentioned was the Clinical Director of Chamberlain. Upon information and belief, at all times relevant hereto, Mr. Mutty was a resident of Barnstable, Barnstable County, Commonwealth of Massachusetts. 6. The Defendant, Rosemarie (?Ms at all times herein mentioned was clinician at Chamberlain. Upon information and belief, at all times relevant hereto, Ms. was a resident of Plymouth, Plymouth County, Commonwealth of Massachusetts. 7. The Defendant, Colleen Quaile (?Ms Quaile?), at all times herein mentioned was a Student Team Manager at Chamberlain. Upon information and belief, at all times relevant hereto, Ms. Quaile was a resident of Taunton, Bristol County, Commonwealth of Massachusetts. 8. The Defendant, Olivia Galbota (?Ms Galbota?), at all times herein mentioned was a House Manager at Chamberlain. Upon information and belief, at all times relevant hereto, Ms. Galbota was a resident of the Commonwealth of Massachusetts. 9. The Defendant, Alves (?Ms Alves?), at all times herein mentioned was an associate teacher at Chamberlain who was assigned as a one-to?one aide for Isabelle. Upon information and belief, at all times relevant hereto, Ms. Alves was a resident of New Bedford, Bristol County, Commonwealth of Massachusetts. 10. The Defendant, Cody Elicier (?Ms Elicier?), at all times herein mentioned was a House Manager at Chamberlain. Upon information and belief, at all times relevant hereto, Ms. Elicier was a resident of the Commonwealth of Massachusetts. II. GENERAL FACTUAL 11. Ms. Connors, as Program Director of Chamberlain, was responsible for 1) the hiring, evaluating, and training of Chamberlain?s staff, 2) determining appropriate and safe staf?ng levels for the school?s operation, 3) ensuring a safe environment for Chamberlain?s students, and 4) ensuring that all students, including Isabelle, received the appropriate level of supervision. 12. Mr. Birch, as Residential Director of Chamberlain, was responsible for 1) the hiring, evaluating, and training of Chamberlain?s staff, 2) determining appropriate and safe staf?ng levels for the school?s operation, 3) ensuring a safe environment for Chamberlain?s students, and 4) ensuring that all students, including Isabelle, received the appropriate level of supervision. 13. Mr. Mutty, as Clinical Director of Chamberlain, was responsible for 1) the hiring, evaluating, and training of Chamberlain?s staff, 2) determining appropriate and safe staf?ng levels for the school?s operation, 3) ensuring a safe environment for Chamberlain?s students, and 4) ensuring that all students, including Isabelle, received the appropriate level of supervision. 14. On July 7, 2015, the staff at Chamberlain, including Ms. Connors, Mr. Birch, Mr. Mutty, Ms. Ms. Quaile, Ms. Galbota, Ms. Alves and Ms. Elicier, knew or reasonably should have known that Isabelle was at risk for self-injury but failed to take any appropriate steps to protect her from such harm. 15. On July 7, 2015, the staff at Chamberlain, including Ms. Connors, Mr. Birch, Mr. Mutty, Ms. Ms. Quaile, Ms. Galbota, Ms. Alves and Ms. Elicier, failed to provide appropriate supervision of Isabelle and as a direct and proximate result she was allowed to jump from a second story bathroom window and suffer severe, permanent and life?threatening injuries. 16. On July 7, 2015, the staff at Chamberlain, including Ms. Connors, Mr. Mutty, Mr. Birch, Ms. Ms. Quaile, Ms. Galbota, Ms. Alves and Ms. Elicier, knew or reasonably should have known that the second story bathroom window was an unreasonable safety hazard for the students at Chamberlain, including Isabelle, but failed to secure it and as a direct and proximate result Isabelle suffered severe, permanent and life?threatening injuries. COUNT 1_ (Against All Defendants -- Negligence) 17. The Plaintiff, Fein, in her capacity as mother and next friend of her minor daughter, Isabelle, repeats and reavers fully herein Paragraphs 1 through 16 of the Complaint as if each were set forth in its entirety. 18. On July 7, 2015, Isabelle sustained severe, permanent, and life-threatening injuries as the direct and proximate result of the Defendants? negligence. The negligence of the Defendants includes, but is not limited to, the following: a. negligent hiring of personnel not reasonably educated, trained or suited for their positions and responsibilities; b. negligent training of personnel; 0. maintaining staf?ng levels inadequate to meet the needs of the students and/or provide a safe environment; d. negligent supervision of Isabelle when they knew or reasonably should have known she was at risk for self-injury; e. negligent violation of Chamberlain?s own safety standards and procedures; f. negligent failure to secure the second story bathroom window which posed an unreasonably dangerous condition for the students at Chamberlain; and g. negligent violation of the Individuals with Disabilities Educational Act and the regulations promulgated thereunder. 19. As a direct and proximate result of the Defendants? negligence, Isabelle was caused to sustain severe and permanent personal injuries; has incurred and will continue to incur great expense for her medical, surgical, and hospital care and treatment; has suffered and will continue to suffer great pain of body and anguish of mind; has been and will continue to be hospitalized; has been and will continue to be unable to pursue normal activities; and her ability to earn income and enjoy life has been permanently adversely affected. WHEREFORE, the Plaintiff, Fein, in her capacity as mother and next friend of her minor daughter, Isabelle ein, demands judgment against the Defendants for the above? described personal injuries in an amount to be determined by a jury at trial, together with interest and costs. COUNT II (Against All Defendants Loss of Consortium and Recovery of Pecuniary Loss) 20. The Plaintiff, Fein, in her individual capacity, repeats and reavers fully herein Paragraphs 1 through 19 of the Complaint as if each were set forth in its entirety. 21. As a result of the injuries sustained by her daughter, Isabelle, Ms. Fein suffered the loss of her services, society, affection, companionship, relations and consortium. As further result of the injuries sustained her daughter Isabelle, Ms. Fein has suffered, and will continue to suffer, pecuniary loss and expenses related to Isabelle?s injuries. WHEREFORE, the Plaintiff, Fein, in her individual capacity, demands judgment against the Defendants for the above-described loss of consortium and pecuniary loss in an amount to be determined by a jury at trial, together with interest and costs. PLAINTIFF DEMANDS A TRIAL BY JURY ON ALL ISSUES SO TRIABLE December 21, 2015 Law/3 1 551/000 The Plaintiff, Fein, in her individual capacity and in her capacity as mother and next friend of Her minor daughter, Isabelle Fein, By her Attorneys, /lw/ Ralph F. Sbrogna, Esquire 443760 Sbrogna Brunelle, LLP 370 Main Street, Suite 600 Worcester, MA 01608 Telephone: 508-809-4410 \m Kevin Donius, Esquire Sbrogna Brunelle, LLP 424 Adams Street Milton, MA 02186 (617) 296-4900 COMMONWEALTH OF MASSACHUSETTS PLYMOUTH, ss SUPERIOR COURT DEPARTMENT CIVIL ACTION NO.: 33ng Ql FEIN, in her individual capacity and As Mother and Next Friend of her minor daughter, ISABELLE FEIN, Plaintiff, v. F.L. CHAMBERLAIN INTERNATIONAL SCHOOL, WILLIAM DOHERTY, MELISSA S. CONNORS, 13 @015 JULIEN BIRCH, LAWRENCE ROSEMARIE COLLEEN QUAILE, OLIVIA GALBOTA, ALVES, and CODY ELICIER, Defendants. COMPLAINT AND FOR JURY TRIAL 1- mm 1. The Plaintiff, Fein Fein?) is an individual who at all times relevant hereto has been a resident of Eastchester, Westchester County, State of New York . Ms. Fein is the mother and next friend of her minor daughter, Isabelle Fein (?Isabelle?). 2. The Defendant, F.L. Chamberlain International School (?Chamberlain?), at all times herein mentioned was a Massachusetts private, approved special education boarding school located at 1 Pleasant Street, Middleboro, Plymouth County, Commonwealth of Massachusetts. 3. The Defendant, William Doherty (?Mn Doherty?), at all times herein mentioned was the Executive Director of Chamberlain. Upon information and belief, at all times relevant hereto, Mr. Doherty resided in Barnstable, Barnstable County, Commonwealth of Massachusetts. 55 1/0001/01 4. The Defendant, Melissa S. Connors (?Ms Connors?), at all times herein mentioned was the Program Director of Chamberlain. Upon information and belief, at all times relevant hereto, Ms. Connors was a resident of the Commonwealth of Massachusetts. 5. The Defendant, Julien Birch (?Mr Birch?), at all times herein mentioned was the Residential Director of Chamberlain. Upon information and belief, at all times relevant hereto, Mr. Birch was a resident of the Commonwealth of Massachusetts. 6. The Defendant, Lawrence Mutty Mutty?), at all times herein mentioned was the Clinical Director of Chamberlain. Upon information and belief, at all times relevant hereto, Mr. Mutty was a resident of Barnstable, Barnstable County, Commonwealth of Massachusetts. 7. The Defendant, Rosemarie (?Ms at all times herein mentioned was Isabelle?s clinician at Chamberlain. Upon information and belief, at all times relevant hereto, Ms. was a resident of Plymouth, Plymouth County, Commonwealth of Massachusetts. 8. The Defendant, Colleen Quaile (?Ms Quaile?), at all times herein mentioned was a Student Team Manager at Chamberlain. Upon information and belief, at all times relevant hereto, Ms. Quaile was a resident of Taunton, Bristol County, Commonwealth of Massachusetts. 9. The Defendant, Olivia Galbota (?Ms Galbota?), at all times herein mentioned was a House Manager at Chamberlain. Upon information and belief, at all times relevant hereto, Ms. Galbota was a resident of the Commonwealth of Massachusetts. 10. The Defendant, Alves (?Ms Alves?), at all times herein mentioned was an associate teacher at Chamberlain who was assigned as a one-to?one aide for Isabelle. Upon information and belief, at all times relevant hereto, Ms. Alves was a resident of New Bedford, Bristol County, Commonwealth of Massachusetts. 1 1. The Defendant, Cody Elicier Elicier?), at all times herein mentioned was a House Manager at Chamberlain. Upon information and belief, at all times relevant hereto, Ms. Elicier was a resident of the Commonwealth of Massachusetts. II. GENERAL FACTUAL ALLEGATIONS 12. Mr. Doherty, as Executive Director of Chamberlain, was responsible for 1) the hiring, evaluating, and training of Chamberlain?s staff, 2) determining appropriate and safe staf?ng levels for the school?s operation, 3) ensuring a safe environment for Chamberlain?s students, and 4) ensuring that all students, including Isabelle, received the appropriate level of supervision. 13. Ms. Connors, as Program Director of Chamberlain, was responsible for 1) the hiring, evaluating, and training of Chamberlain?s staff, 2) determining appropriate and safe staf?ng levels for the school?s operation, 3) ensuring a safe environment for Chamberlain?s students, and 4) ensuring that all students, including Isabelle, received the appropriate level of supervision. 14. Mr. Birch, as Residential Director of Chamberlain, was responsible for l) the hiring, evaluating, and training of Chamberlain?s staff, 2) determining appropriate and safe staf?ng levels for the school?s operation, 3) ensuring a safe environment for Chamberlain?s students, and 4) ensuring that all students, including Isabelle, received the appropriate level of supervision. 15. Mr. Mutty, as Clinical Director of Chamberlain, was responsible for l) the hiring, evaluating, and training of Chamberlain?s staff, 2) determining appropriate and safe staf?ng levels for the school?s operation, 3) ensuring a safe environment for Chamberlain?s students, and 4) ensuring that all students, including Isabelle, received the appropriate level of supervision. 16. On July 7, 2015, the staff at Chamberlain, including Mr. Doherty, Ms. Connors, Mr. Birch, Mr. Mutty, Ms. Ms. Quaile, Ms. Galbota, Ms. Alves and Ms. Elicier, knew or reasonably should have known that Isabelle was at risk for self-injury but failed to take any appropriate steps to protect her from such harm. 17. On July 7, 2015, the staff at Chamberlain, including Mr. Doherty, Ms. Connors, Mr. Birch, Mr. Mutty, Ms. Ms. Quaile, Ms. Galbota, Ms. Alves and Ms. Elicier, failed to provide appropriate supervision of Isabelle and as a direct and proximate result she was allowed to jump from a second story bathroom window and suffer severe, permanent and life-threatening injuries. 18. On July 7, 2015, the staff at Chamberlain, including Mr. Doherty, Ms. Connors, Mr. Mutty, Mr. Birch, Ms. Ms. Quaile, Ms. Galbota, Ms. Alves and Ms. Elicier, knew or reasonably should have known that the second story bathroom window was an unreasonable safety hazard for the students at Chamberlain, including Isabelle, but failed to secure it and as a direct and proximate result Isabelle suffered severe, permanent and life?threatening injuries. COUNT I (Against All Defendants Negligence) 19. The Plaintiff, ein, in her capacity as mother and next friend of her minor daughter, Isabelle, repeats and reavers fully herein Paragraphs 1 through 18 of the Complaint as if each were set forth in its entirety. 20. On July 7, 2015, Isabelle sustained severe, permanent, and life?threatening injuries as the direct and proximate result of the Defendants? negligence. The negligence of the Defendants includes, but is not limited to, the following: a. negligent hiring of personnel not reasonably educated, trained or suited for their positions and responsibilities; b. negligent training of personnel; c. maintaining staf?ng levels inadequate to meet the needs of the students and/or provide a safe environment; d. negligent supervision of Isabelle when they knew or reasonably should have known she was at risk for self-injury; e. negligent violation of Chamberlain?s own safety standards and procedures; f. negligent failure to secure the second story bathroom window which posed an unreasonably dangerous condition for the students at Chamberlain; and g. negligent violation of the Individuals with Disabilities Educational Act and the regulations promulgated thereunder. 21. As a direct and proximate result of the Defendants? negligence, Isabelle was caused to sustain severe and permanent personal injuries; has incurred and will continue to incur great expense for her medical, surgical, and hospital care and treatment; has suffered and will continue to suffer great pain of body and anguish of mind; has been and will continue to be hospitalized; has been and will continue to be unable to pursue normal activities; and her ability to earn income and enjoy life has been permanently adversely affected. WHEREFORE, the Plaintiff, Fein, in her capacity as mother and next friend of her minor daughter, Isabelle ein, demands judgment against the Defendants for the above- described personal injuries in an amount to be determined by a jury at trial, together with interest and costs. mu (Against All Defendants Loss of Consortium and Recovery of Pecuniary Loss) 22. The Plaintiff, Fein, in her individual capacity, repeats and reavers fully herein Paragraphs 1 through 20 of the Complaint as if each were set forth in its entirety. 23. As a result of the injuries sustained by her daughter, Isabelle, Ms. Fein suffered the loss of her services, society, affection, companionship, relations and consortium. As further result of the injuries sustained her daughter Isabelle, Ms. Fein has suffered, and will continue to suffer, pecuniary loss and expenses related to Isabelle?s injuries. WHEREFORE, the Plaintiff, ein, in her individual capacity, demands judgment against the Defendants for the above-described loss of consortium and pecuniary loss in an amount to be determined by a jury at trial, together with interest and costs. PLAINTIFF DEMANDS A TRIAL BY JURY ON ALL ISSUES SO TRIABLE November 16, 2015 671 The Plaintiff, Fein, in her individual capacity and in her capacity as mother and next friend of Her minor daughter, Isabelle Fein, - ttomeys, rajng le/ Ralpli? Esquire 1 443760 Sbrogna Brunelle, LLP 370 Main Street, Suite 600 Worcester, MA 01608 Telephone: 508-809-4410 rsbroggia?c?sblawof?cenet Kevin Donius, Esquire Sbrogna Brunelle, LLP 424 Adams Street Milton, MA 02186 BB 5 1298 (617) 296-4900