thL' H5513 4 COMMONWEALTH OF MASSACHUSETTS PLYMOUTH, ss SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION NO. ALAN GREENBERG and STACY GREENBERG (husband and wife recovering jointly) on their own behalf and as guardians and next friends of Eliana Greenberg, Plaintiffs v. F. L. CHAMBERLAIN INTERNATIONAL SCHOOL, WILLIAM DOHERTY, MELISSA S. CONNORS, LAWRENCE MUTTY, LINDSAY COLLEEN QUAILE, JULIAN BIRCH, KATIE DOE, and CODY DOE, Defendants COMPLAINT AND DEMAND FOR JURY TRIAL Parties 1. Plaintiffs Alan and Stacy Greenberg are husband and wife who reside at 29- [51/130 1 Copley Court, Freehold, New Jersey 07728. Mr. and Mrs. Greenberg are the parents of Eliana Greenberg and have been appointed by the State of New Jersey Monmouth County Surrogate?s Court as the legal guardians of Eliana Greenberg, an incapacitated person. Mr. and Mrs. Greenberg bring this action as legal guardians and parents and next friends of Eliana Greenberg, and in their own right to recover for direct loss they have sustained as a result of the matters set forth herein. in: akin ordifim 2. Defendant F. L. Chamberlain International School (?Chamberlain?) is a Massachusetts private special education boarding school located at One Pleasant Street, Middleborough, Plymouth County, Massachusetts. 3. Defendant William Doherty is the Executive Director of Chamberlain. Upon information and belief, Mr. Doherty resides in Barnstable, Barnstable County, Massachusetts. 4. Defendant Melissa S. Connors is the Program Director of Chamberlain. Upon information and belief, Ms. Connors resides in Tiverton, Newport County, Rhode Island and has a place of business at Swansea, Bristol County, Massachusetts. 5. Defendant Lawrence Mutty is the Clinical Director of Chamberlain. Upon information and belief, Mr. Mutty is a resident of Falmouth, Barnstable County, Massachusetts. 6. Defendant Lindsay MacLean is a Clinician employed at Chamberlain. Ms. MacLean is believed to be a resident of Plymouth County, Massachusetts. 7. Defendant Colleen Quaile is a Student Team Manager at Chamberlain. Ms. Quaile is a resident of Taunton, Bristol County, Massachusetts. 8. Defendant Julian Birch is the Residential Director for Chamberlain. Mr. Birch is believed to be a resident of Wareham, Plymouth County, Massachusetts. 9. Defendant Katie Doe is a House Manager at Chamberlain. Katie Doe is believed to be a resident of Plymouth County, Commonwealth of Massachusetts. 10. Defendant Cody Doe is a staff member at Chamberlain. Cody Doe is believed to be a resident of Plymouth County, Commonwealth of Massachusetts. Facts Common to All Counts 11. Defendants Mr. Doherty, Ms. Connors, Mr. Mutty, and Mr. Birch, and each of them, at all times material to this case were responsible for the hiring, evaluation, and training of Chamberlain staff; determining appropriate and safe staf?ng levels for the school?s operation; (0) ensuring a safe physical environment for Chamberlain students; and ensuring that all students, including Eliana Greenberg, received the appropriate level of supervision and concern for safety. 12. Defendants Lindsay MacLean, Colleen Quaile, Katie Doe, Julian Birch, and Cody Doe, and each of them, at all times material hereto, knew or had reason to know that Eliana Greenberg, because of the emotional and issues that brought her to Chamberlain, was at high risk for self-injurious behavior, poor judgment, risk of ?ight, and other risks. 13. On February 3, 2015, Eliana Greenberg was a student at Chamberlain who, because of her and emotional background, each Defendant knew or should have known was subject to high-risk behavior, risk of ?ight, and risk of self-injury. 14. On February 3, 2015, Defendants, and each of them, failed to provide appropriate supervision of Eliana, and as a direct and proximate result, she was allowed to jump from a second-story bathroom window and suffered severe permanent, life-threatening injuries and great physical pain. 15. On February 3, 2015, Defendants, and each of them, knew or reasonably should have known that the residential facility and speci?cally the second-story bathroom window was an unreasonable safety hazard for the students at Chamberlain, including Eliana, and negligently failed to secure it. As a direct and proximate result, Eliana suffered severe, permanent, life- threatening injuries and great physical pain. 16. Further, as a direct and proximate result of Defendants? negligence, Plaintiffs Alan and Stacy Greenberg were themselves grievously injured emotionally and suffered ?nancial and pecuniary loss as a result of their daughter?s injuries, hospitalization, and removal from school. Causes of Action COUNT I (Against All Defendants - Negligence) 17. Plaintiffs adopt and restate the allegations of paragraphs 1 through 16 of this Complaint as if fully set forth herein. 18. On February 3, 2015, Eliana Greenberg 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: negligent hiring of personnel not reasonably educated, trained, or suited for their positions or responsibilities; negligent training of personnel; (0) maintaining staf?ng levels inadequate to meet the needs of students and/or provide a safe environment; negligent supervision of Eliana when they knew or reasonably should have known she was at risk for self-injury, ?ight, or high-risk behavior; negligent violation of Chamberlain?s own safety standards and procedures; WHEREFORE, Plaintiffs Alan and Stacy Greenberg in their individual capacities demand judgment against the Defendants for the above-described loss of consortium and pecuniary loss in an amount to be determined by a jury trial together with interest thereon and all costs of this action. PLAINTIFFS DEMAND A TRIAL BY JURY ON ALL ISSUES SO TRIABLE. Dated: November 11, 2015 Respectfully submitted, Plaintiffs Alan Greenberg and Stacy Greenberg, on their own behalf and as guardians and next friends of Eliana Greenberg, By their attorney, My 7; ?1 Roy A. Bourgeois, Bamosmzo BourgeoisWhite, LLP One West Boylston Street, Suite 307 Worcester, MA 01605 Telephone: (508) 753-7038 Fax: (508) 756-1613 royb@bourgeoiswhite.com 97$le COMMONWEALTH OF MASSACHUSETTS PLYMOUTH, SS: SUPERIOR COURT C.A. NO: 1583CV01120 ALAN GREENBERG AND STACY GREENBERG (HUSBAND AND WIFE RECOVERING JOINTLY) ON THEIR OWN BEHALF AND AS GUARDIANS AND NEXT FRIENDS OF ELIANA GREENBERG, PLAINTIFFS FIYMUUTH mum VS. APR 06 2018 FREDERIC L. CHAMBERLAIN CENTER, INC., LAWRENCE MUTTY, Clark, MELISSA S. CONNORS, LINDSAY - MACLEAN, COLLEEN BIRCH, KATIE CODY ELICIER, DEFENDANTS ANSWER OF THE DEFENDANTS FREDERIC L. CHAMBERLAIN CENTER, INC., LAWRENCE MUTTY, MELISSA S. CONNORS, LINDSAY MACLEAN, COLLEEN QUAILE, JULIAN BIRCH, KATIE RAKOWSKI AND CODY ELICIER TO FIRST AMENDED COMPLAINT AND JURY DEMAND PARTIES 1. Defendants are without suf?cient information to either admit or deny the allegations contained in Paragraph 1 of Plaintiffs? First Amended Complaint. 2. Defendants admit that Frederic L. Chamberlain Center, Inc. (?Chamberlain?) is a Massachusetts nonprofit charitable corporation operating as a special education boarding school With an Of?ce at One Pleasant Street, Middleborough, Plymouth, County, Massachusetts. Defendants deny the remaining allegations contained in Paragraph 2 of Plaintiffs? First Amended Complaint. 3. Defendants admit that Lawrence Mutty is the Clinical Director of Chamberlain. Defendants are without suf?cient information to admit or deny the remaining allegations contained in Paragraph 3 of Plaintiffs? First Amended Complaint. 10. 11. 12. 13. 14. 15. Defendants admit that Melissa Connors is the Program Director of Chamberlain. Defendants are without suf?cient information to admit or deny the remaining allegations contained in Paragraph 4 of Plaintiffs? First Amended Complaint. Defendants deny the allegations contained in Paragraph 5 of Plaintiffs? First Amended Complaint. Defendants admit Collen Quaile is a Student Team Manager at Chamberlain. Defendants are without suf?cient information to admit or deny the remaining allegations contained in Paragraph 6 of Plaintiffs? First Amended Complaint. Defendants admit that Julian Birch is the Residential Director for Chamberlain. Defendants deny the remaining allegations contained in Paragraph 7 of Plaintiffs? First Amended Complaint. Defendants admit the allegations contained in Paragraph 8 of Plaintiffs? First Amended Complaint. Defendants admit Cody Elicier is a staff member at Chamberlain. Defendants deny the remaining allegations contained in Paragraph 9 of Plaintiffs? First Amended Complaint. FACTS COMMON TO ALL COUNTS Defendants deny the allegations contained in Paragraph 10 of the Plaintiffs? First Amended Complaint. Defendants deny the allegations contained in Paragraph 11 of the Plaintiffs? First Amended Complaint. Defendants admit that Ms. Greenberg was a student at Chamberlain on February 3, 2015 and that she had certain behavioral issues and risk factors. Defendants are without suf?cient information to admit or deny the remaining allegations contained in Paragraph 12 of Plaintiffs? First Amended Complaint. Defendants deny the allegations contained in Paragraph 13 of the Plaintiffs? First Amended Complaint. Defendants deny the allegations contained in Paragraph 14 of the Plaintiffs? First Amended Complaint. Defendants deny the allegations contained in Paragraph 15 of the Plaintiffs? First Amended Complaint. 16. 17. 18. 19. 20. CAUSES OF ACTION MALI (AGAINST ALL DEFENDANTS NEGLIGENCE) Defendants incorporate by reference herein their responses to Paragraphs 1 through 15, inclusive, as if set forth here in full. Defendants deny the allegations contained in Paragraph 17 of the Plaintiffs? First Amended Complaint. Defendants deny the allegations contained in Paragraph 18 of the Plaintiffs? First Amended Complaint. COUNT II (AGAINST ALL DEFENDANTS LOSS OF CONSORTIUM AND RECOVERY OF PECUNIARY LOSS) Defendants incorporate by reference herein their responses to Paragraphs 1 through 18, inclusive, as if set forth here in full. Defendants are without sufficient information to either admit or deny the allegations contained in Paragraph 20 of Plaintiffs? First Amended Complaint. AFFIRMATIVE DEF ENSES The injuries complained of were caused in whole or in part by some third party for whom defendant is not legally responsible. The injuries complained of were caused in whole or in part by the negligence of the plaintiff. M.G.L. c. 231, 85. The defendant Chamberlain is a charitable corporation immune from liability except to the extent permitted by law. M.G.L c. 231, 85K. Plaintiffs? claims, to the extent they are based on strategic decisions, are barred by the Professional Judgment Rule. DEFENDANTS DEMAND A TRIAL BY JURY ON ALL ISSUES. CERTIFICATE OF SERVICE I hereby certify that on this day a true copy of the within document was served upon the attorney of record for each party by mail/hand. DATED: April 4, 2016 DEFENDANTS, Frederic L. Chamberlain Center, Inc., Lawrence Mutty, Melissa S. Connors, Lindsay MacLean, Colleen Quaile, Julian Birch, Katie Rakowski and Cody Elicier, By 77'th0 rney, who]: J. Murphy BBO #363760 UR HY RILEY, RC. 101 Summer Street Boston, MA 02110 (617) 423-3700