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Date Filed 11/27/2023 12:31 PM
Superior Court - Plymouth
Docket Number 2383CV00546
JREGRIED
COMMONWEALTH OF MASSACHUSETTS
PLYMOUTH, SS. SUPERIOR COURT DEPARTMENT
OF THE TRIAL COURT
CIVIL ACTION NO. 2383CV00546
LATEISHA EDWARDS,
Plaintiff
Vv.
DOLLAR TREE, INC.,
M&N REALTY TRUST and
COLLINS LANDSCAPING, LLC,
Defendants
DEFENDANT M&N REALTY TRUST’S MEMORANDUM OF LAW IN SUPPORT OF
ITS MOTION TO TRANSFER VENUE
Defendant M&N Realty Trust [misnamed, more appropriately referred to as “MNT Real
Estate, LLC” and hereinafter for purposes only of this motion, referred to as “M&N”] submits
this Memorandum of Law in Support of Its Motion to Transfer Venue.
Factual Background
This is a tort action arising out of a purported slip/fall on snow and ice in a parking lot
located in Randolph, MA, 46-9 of plaintiff's complaint. Specifically, plaintiff claims that she
was walking in a parking lot located at 330 N. Main Street, Randolph, Norfolk County, in the
Commonwealth of Massachusetts on February 8, 2023 and that she slipped, fell and sustained
certain injuries.
Plaintiff filed her complaint in Plymouth County alleging negligence against all three
defendants; in the body of plaintiff's complaint, she alleged that M&N had a primary place of
business at 31 Spellman Road, Westwood, Norfolk County, that Dollar Tree, Inc., had a primary
place of business at 330 N. Main Street, Randolph, Norfolk County and that Collins
Landscaping, LLC, had a primary place of business at 10 Otis Street, Mansfield, Bristol County.
Date Filed 11/27/2023 12:31 PM
Superior Court - Plymouth
Docket Number 2383CV00546
As stated in her complaint, plaintiff herself resides at 311 Grove Street, Randolph,
Norfolk County.
For some reason, however, plaintiff has chosen to commence this lawsuit in Plymouth
County, even though that county has absolutely no relationship with this claim and/or the parties
identified in this lawsuit.
Legal Argument
The inescapable conclusion is that plaintiff is, for some reason, engaging in forum
shopping.
The proper venue for this lawsuit is determined by G.L. c. 223, §7 which states, in
relevant part, that:
... An action against a town or person to recover for injury or
damage received in the commonwealth by reason of negligence
other than that relating to such defect, want of repair or insufficient
railing shall be brought in the county where the plaintiff lives or
has his usual place of business, or in the county where the alleged
injury or damage was received...
Pursuant to this statute, venue in Plymouth County is improper and cannot be justified.
Simply stated, all the parties reside in either Norfolk County or Bristol County and the incident
itself occurred in Norfolk County.
The remedy for a case filed in Superior Court in the wrong county is controlled by G.L. ¢
223, §15, which states in relevant part, as follows:
If an error in venue is discovered at any stage of the proceedings of
a civil action in the supreme judicial court or superior court, the
court may, upon motion of either party, order the action, with all
papers relating thereto, to be removed to the proper county upon
terms to the defendant; and it shall thereupon be entered and
prosecuted in the same court for that county as if it had been
originally commenced therein, and all prior proceedings otherwise
regularly taken shall be valid.
Date Filed 11/27/2023 12:31 PM
Superior Court - Plymouth
Docket Number 2383CV00546
The transfer of this case to Norfolk County is appropriate because the sole county with
any relationship to this case is Norfolk County. The parties should therefore be afforded a jury
of Norfolk County residents, as contemplated by this state’s legislature.
Conclusion
For the foregoing reasons, this case should be transferred to Norfolk County.
Respectfully submitted,
By its attorneys,
Harris & Associates, P.C.
/s/ Brian P. Harris
Brian P. Harris, Esquire
BBO No. 223240
100 State Street, 10" Floor
Boston, MA 02109
Tel: (617) 523-1100
bharris@bhpcl.com
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing was served upon the attorney of record
for each party by email.
11/8/23 /s/ Brian P. Harris
Date:
Preview
Date Filed 11/27/2023 12:31 PM Superior Court - Plymouth Docket Number 2383CV00546 JREGRIED COMMONWEALTH OF MASSACHUSETTS PLYMOUTH, SS. SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION NO. 2383CV00546 LATEISHA EDWARDS, Plaintiff Vv. DOLLAR TREE, INC., M&N REALTY TRUST and COLLINS LANDSCAPING, LLC, Defendants DEFENDANT M&N REALTY TRUST’S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION TO TRANSFER VENUE Defendant M&N Realty Trust [misnamed, more appropriately referred to as “MNT Real Estate, LLC” and hereinafter for purposes only of this motion, referred to as “M&N”] submits this Memorandum of Law in Support of Its Motion to Transfer Venue. Factual Background This is a tort action arising out of a purported slip/fall on snow and ice in a parking lot located in Randolph, MA, 46-9 of plaintiff's complaint. Specifically, plaintiff claims that she was walking in a parking lot located at 330 N. Main Street, Randolph, Norfolk County, in the Commonwealth of Massachusetts on February 8, 2023 and that she slipped, fell and sustained certain injuries. Plaintiff filed her complaint in Plymouth County alleging negligence against all three defendants; in the body of plaintiff's complaint, she alleged that M&N had a primary place of business at 31 Spellman Road, Westwood, Norfolk County, that Dollar Tree, Inc., had a primary place of business at 330 N. Main Street, Randolph, Norfolk County and that Collins Landscaping, LLC, had a primary place of business at 10 Otis Street, Mansfield, Bristol County. Date Filed 11/27/2023 12:31 PM Superior Court - Plymouth Docket Number 2383CV00546 As stated in her complaint, plaintiff herself resides at 311 Grove Street, Randolph, Norfolk County. For some reason, however, plaintiff has chosen to commence this lawsuit in Plymouth County, even though that county has absolutely no relationship with this claim and/or the parties identified in this lawsuit. Legal Argument The inescapable conclusion is that plaintiff is, for some reason, engaging in forum shopping. The proper venue for this lawsuit is determined by G.L. c. 223, §7 which states, in relevant part, that: ... An action against a town or person to recover for injury or damage received in the commonwealth by reason of negligence other than that relating to such defect, want of repair or insufficient railing shall be brought in the county where the plaintiff lives or has his usual place of business, or in the county where the alleged injury or damage was received... Pursuant to this statute, venue in Plymouth County is improper and cannot be justified. Simply stated, all the parties reside in either Norfolk County or Bristol County and the incident itself occurred in Norfolk County. The remedy for a case filed in Superior Court in the wrong county is controlled by G.L. ¢ 223, §15, which states in relevant part, as follows: If an error in venue is discovered at any stage of the proceedings of a civil action in the supreme judicial court or superior court, the court may, upon motion of either party, order the action, with all papers relating thereto, to be removed to the proper county upon terms to the defendant; and it shall thereupon be entered and prosecuted in the same court for that county as if it had been originally commenced therein, and all prior proceedings otherwise regularly taken shall be valid. Date Filed 11/27/2023 12:31 PM Superior Court - Plymouth Docket Number 2383CV00546 The transfer of this case to Norfolk County is appropriate because the sole county with any relationship to this case is Norfolk County. The parties should therefore be afforded a jury of Norfolk County residents, as contemplated by this state’s legislature. Conclusion For the foregoing reasons, this case should be transferred to Norfolk County. Respectfully submitted, By its attorneys, Harris & Associates, P.C. /s/ Brian P. Harris Brian P. Harris, Esquire BBO No. 223240 100 State Street, 10" Floor Boston, MA 02109 Tel: (617) 523-1100 bharris@bhpcl.com CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing was served upon the attorney of record for each party by email. 11/8/23 /s/ Brian P. Harris Date: