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  • Flynn, Gary vs. Peralta, Reyna Motor Vehicle Negligence - Personal Injury / Property Damage document preview
  • Flynn, Gary vs. Peralta, Reyna Motor Vehicle Negligence - Personal Injury / Property Damage document preview
  • Flynn, Gary vs. Peralta, Reyna Motor Vehicle Negligence - Personal Injury / Property Damage document preview
  • Flynn, Gary vs. Peralta, Reyna Motor Vehicle Negligence - Personal Injury / Property Damage document preview
  • Flynn, Gary vs. Peralta, Reyna Motor Vehicle Negligence - Personal Injury / Property Damage document preview
  • Flynn, Gary vs. Peralta, Reyna Motor Vehicle Negligence - Personal Injury / Property Damage document preview
  • Flynn, Gary vs. Peralta, Reyna Motor Vehicle Negligence - Personal Injury / Property Damage document preview
  • Flynn, Gary vs. Peralta, Reyna Motor Vehicle Negligence - Personal Injury / Property Damage document preview
						
                                

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Date Filed 1/17/2024 4:36 PM Superior Court - Worcester Docket Number 2385CV00421 E-FILED COMMONWEALTH OF MASSACHUSETTS WORCESTER, ss. SUPERIOR COURT C. A. NO.: 2385CV00421A. GARY FLYNN, Plaintiff, 4 1 Vv. REYNA PERALTA, Defendant, tS I PLAINTIFF’S MOTION TO SUBSTITUTE PLAINTIFF - UNOPPOSED NOW comes the Plaintiff in the above captioned matter and moves this Honorable Court to allow the Plaintiff to substitute the owner of his estate, Ms. Jeannette Flynn, as the new Plaintiff in the matter. As reasons therefore, the Plaintiff asserts the following: 1 On April 8, 2022, a motor vehicle collision occurred between the Plaintiff Gary Flynn and the Defendant Reyna Peralta in West Boylston, Massachusetts. Plaintiff Gary Flynn alleged that he suffered severe and ongoing injuries as a result of the motor vehicle accident. 1 | A lawsuit was filed in the Worcester Superior Court on April 21, 2023. Defendant, Ms. Reyna Peralta, filed an answer to the complaint denying th¢ material allegations. Unfortunately, on September 20, 2023, Plaintiff Gary Flynn passed away. See Exhibit A, Death Certificate. | On November 13, 2023, Jeannette Flynn was appointed as personal representative of the estate of Mr. Gary Flynn. See ExhibitB, Estate Documentation. On behalf of Mr. Gary Flynn, Ms. Jeannette Flynn, as the Personal Representative of the Estate of Gary Flynn, respectfully asks the court to substittite herself as the Plaintiff so that the case may continue accordingly. | " Date Filed 1/17/2024 4:36 PM ‘Superior Court - Worcester Docket Number 2385CV00421 WHEREFORE, the Plaintiff Gary Flynn requests that the court allow the substitution of Plaintiff to Ms. Jeannette Flynn, as Personal Representative of the Estate of Gary Flynn. | 1 Respectfully submitted, | THE PLAINTIFF " By their Attomey, be Marc Cafasso, Esq., BBO#709006 Morgan & Morgan 155 Federal Street, 15 Floor Boston, MA 02110 (781) 464 - 4132 meafasso@forthepeople.com. Dated: January 17, 2024 i | if Date Filed 1/17/2024 4:36 PM Superior Court - Worcester Docket Number 2385CV00421 CERTIFICATE OF SERVICE I, Marc Cafasso, counsel for the Plaintiff, hereby certify that « on the 17" day of January, 2024, a copy of the foregoing document was sent by electronic mail'to the below attorneys and filed using the electronic filing service: William P. Mekrut BBO #654350 MURPHY & RILEY, P.C 100 Franklin Street, Suite 500 Boston, MA 02110 (617) 423-3700 WMekrut@MurphyRiley.com 4 ae | Marc Cafasso BBO#709006 MORGAN & MORGAN 155 Federal Street, 15""'Floor Boston, MA 02110 (781) 464- 4132 h meafasso@forthepeople. com Ht DATE: January 17, 2024 | 4 Date Filed 1/17/2024 4:36 PM Superior Court - Worcester Docket Number 2385000421 4 h q M a EXHIBIT A u Date sr ix a Pai 7a a Dd Sal ay) 3 Li Le on Leas ms else Aint chit edests oh clonal ine by bs Ta alata Ce tee iSae Fess A Kel Coe Sci Om ala A The Commonwealth of Massachusetts - oS CT 57635 fa im a eal NL q S Commonwealth of Massachusetts Registry of Vital Recards dnd Statistics CERTIFICATE OF DEATH State File # Registered # 2023043494 232320 ey 07012019, Place of Death UMASS MEMORIAL MEDICAL CENTER- UNIVERSITY CAMPUS, WORCESTER, MA Date of Death SEPTEMBER 21, 2023 Age 75 YRS Sex MALE Curtent Name FLYNN , a GARY F Stirhunie at Birth-or Adoption FLYNN pAKA — HRHe Date of Birth APRIL 09, 1948 Birthplace AMESBURY, MASSACHUSETTS Residence 416 PROSPECT STREET, WEST BOYLSTON, MASSACHUSETTS 01583 Race Education WHITE. SOME COLLEGE CREDIT, BUT NO DEGREE Marital Status Oceupatton/Industry -MARRIED PARK SUPERINTENDENT/MUNICIPAL Last Sjiouse ~ Last, First, Middle (Surnameat Birth or Adoption) + Decedent: U.S. Veteran (Most Recent) I FLYNN, JEANNETTE, A (DOYON) . Parent Name — Last, First Middfe (Surname ai Birth or Adepiion) Birthplace FLYNN, HELENE (BLANCHARD) i Parent Name ~ Last, First Middle (Surname at Birth-or Adoption) MASSACHUSETTS Birthplace Fon FLYNN, BERNARD (FLYNN) fay MASSACHUSETTS Parti. Cause of Death ~ Sequentially itst immediate cause then anjecedent causes then underlying case Interval bermeen ease and death i «Immediate Cause (Fiat condition resulting in desth) ty og CARDIOPULMONARY ARREST 1b. Duet or asa conséqiencsof r — MIN. Ai et SEPTIC SHOCK — HRS, ¢. Dus to or asa consequenesoft ASPIRATION PNEUMONIA a —- HRS. 4. Dus to oF as. consequetice'of: , Key f SMALL BOWEL OBSTRUCTION . “_— DAYS Part il, Other significant conditions contributing to death but not resulting ta underlying wause ‘Manner of Death: CHRONIC KIDNEY DISEASE, LUNG ADENOCARCINOMA, CORONARY NATURAL ARTERY DISEASE . i Time of Death: al 1 x 01:07 AM as ;1 . Result of injury, NO Certifier WYATT DELOMBA, MD . Lic # 289304 Addr. 55 LAKE AVENUE N, WORCESTER, MASSACHUSETTS 01655 Funeral Licensee/ Designee RICHARD S MANSFIELD Lic.# 5788 z Facility/Adr. MILES FUNERAL HOME, HOLDEN, MASSACHUSETTS Jnitnediate Dispasition CREMATION Date.of Iminediate Disposition SEPTEMBER 25, 2023 Place/Address RURAL CEMETERY (CREMATORY), 180 GROVE STREET, J WORCESTER, MASSACHUSETTS 01605 Date of Record SEPTEMBER 25, 2023 ae bis Date of dinendment a CLERK, CITY OF WORCESTER ry DATE.ISSUED: SEPTEMBER 25, 2023 a aoe ra ra 1, the undersigned, hereby certify that lam the Clerk of the Town of West Baylston; that ax such I have custody of tie records of birth, marriage, and death requiredby law to be kept in mp office; and I do hereby certify that the above és. true copy from said records, as held in the Commonwealth's central vital records information repostiory, say i *\at a aynitn ko Badth he ae eo Clerk ae ponees [Oo Town.of West Boylston. ew,= eS im ies idan es de has Me Mh ll lt il | i fl il Mt Date Filed, 1/17/2024 4:36 PM I rs 4 il“i Per : A | init in 3 in} te e il tu) in al Dif al ~ 4 i SEN: 2023 043494 “2308p! 1y6f2 - b!e FLYNN WORCESTER :232320" 1H WEST BOYLSTON 2023-115 st “STATE VOLIPG: f—~ | +i] | a US. war veleran, specly vwarleanflict(s) 7 Branch of iniditary (mést recen!) Birgit recen! = Service Mei recent): Date estered{most recent) Date Distharged st recent) - i —_ ene _ I Place of Death Type Date of Pronouncement TFingof Pronosncenent HOSPITAL - INPATIE! = RNINP/PA Pronouncement? ‘Name of RNINPIPAFronaincing Death ae Ty Lictt. iO” 5 i i ja] RNINPIPA Employing Agency orFisitation é Nan of Piyseiagof ‘dical: intiner notified = _ Zz 7c of patient's.care, if not certifier - tt Was. ME Nolified? Provide BAZZONE, MD - - ae Ni ‘Antapsy Performed? Findiny valable for ‘Cause? ) Tobacco contributeio Saeath? Pregnancy Status, if femal fe: NO — l iss Bi ii a Date of Injury Cine of Ijury Tajury at Work? ‘ T Fransporiaiton Tir: ee _ = Locdian/Adaress of Injury 7 Place of Injury— I is = i [i fs Describe How Injury Occurred, ehyt —_ Expanded Race: WHITE Etintcity: AMERICAN I ka i Informant Name Relationship. - a JEANNETTE A FLYNN ‘WIFE Addr,'416 PROSPECT STREET, weg BOYLSTON, 1 MASSACHUSETTS iss SEPTEMBER 23, 2023, | Board of!‘Heath Agent” _SUSAN.M DITARANTO HH Date.Disyiosition Permit. Issued: Suite Tracking No. 043494 ‘ |.LocalPermit No. 2161-%23, + i 1 tt i 4 hi 1 ha je [! i i a I i | 4 |: l | i ll |a | | Hi a} a | i ui 8] lal a i i Hl 3 i ial Ml ul 1 OOCURRENT 18 PRINTED ON BEQUTITY WATERUARKED MAF Tenis Sees: 00 HOF-AGCRPT ViITHOUT VERIEYING THE PRESENCEGF THE We AN WARNE NG: “THE ROCUMENT FACE CONTAINS. A BecurtTy sackenout pa Phang eee seo SEAL Tre Bate Te i 7 SPECIAL LINES WITH TEXT, Date Filed 1/17/2024 4:36 PM Superior Court - Worcester Docket Number 2385CV00421 hy 1! I i EXHIBIT B: | I 4 4 Date Filed 1/17/2024 4:36 PM Superior Court - Worcester Docket Number 2385C-V00421 Docket No. Commonwealth of Massachusetts RS OF AUTHORITY FOR The Trial Court WO23P3925EA RSOWAL REPRESENTATIVE Probate‘and Family Court Worcester Probate.and Family Court Estate. o' 1 225 Main Street is. Flynn Worcester, MA 01608 known as: Gary F. Flynn, Gary Flynn (608)831-2200 Date of Death: 09/24/2023 u To: Jeannette A Flynn i 416 Prospect Street West Boylston, MA 01583 ie You have b ‘eppointed and qualified as Personal Representative in (DO Supérvised [X] Unsupervised administration of this estate on- November 13, 2023 a ate) These letters are proof of your authority to act pursuant to:G. L. c. 190B, except forthe following restrictions if any: | | CJ Pursuant to G. L. ¢. 1908, § 3-108(4), the Personal Representative shail have no right to possess estate assets as: provided in § 3-709 beyond that necessary to confirm title thereto In the.successors to the estate and claims, other than expénses of administration, if any, shall not be paid. i LD The Personal Representative was appointed before March 31, 2012 as Executor or Administrator ofthe estate: } y {Do Not Write Below This Line-For Courl Use Only) J q CERTIFICATION 1 | certify that it appears by the records of this Court that said appointment remains in full force and stadt. | IN TESTIMONY ‘WHERECF | have hereunto set my-hand and affixed the seal of said Court. 4 ' Date November 15, 2023 2 Va & “ Stéphanie Fattman, Register of Probate MPC 751 (4/15/16) 4 Date Filed 1/17/2024 4:36 PM ‘Superior Court - Worcester Docket Number,2385C-V00421 - ORDER OF INFORMAL PROBATE OF |Dacket No. ‘coma pie EM oof i WILL AND/OR APPOINTMENT OF VOP ade 4 Case Number: Probate and Family Cot PERSONAL REPRESENTATIVE Estate of: Worcester Division Gary Francis Flynn FirstName ~~ Middla Nama Tast Name Also Known As: Gary F. Flynn, Gary Flynn a Date of Death: September 21, 2023 1 A Petition has been filed requesting: [&] The appointment of a Persona! Representative. wt {x] Informal probate of the will dated January 2, 1988 and codicits (daley (atesy of the above named Decedent. 2. Upon consideration of the Petition, | determine based pon the Petition that all of the following are true: a. The Petitioner is an interested person and has filed a complete and verified Petition b. Venue is proper. \ |1 c The Petition was filed within the time period permitted. by law. d. Any required notices have been given or waived. e. A death certificate issued by a public officer is in the Court's possession. f, The spouse, heirs at law and any devisees are not incapacitated or protected;persons or minors; or if they are, they are represented by a conservator or a guardian who is not the Petitioner. L INFORMAL PROBATE OF WILL ' 3. [J The original, properly executed and apparently unrevoked will Is in the court's possession The will dated danuary 2, 1988 and any codicils dated Saag are referred to as the will, There ara no known prior wills which have not been expressly revoked by a later . instrument. The will is admitted. to Informal probate. ‘ CO An authenticated copy of the will and any codicil and documents establishing probate in the State of are in the court's possession and are offered for informal probate. The willis admitted to informal probate. ‘ ( Aduly authenticated copy of the will and a‘duly authenticated certificate of its legal custodian that the copy filed'Is a true copy. and -hat the will has become operative under the law of ' is offered for r informal probate. The will is admitted to informal probate. APPOINTMENT OF PERSONAL REPRESENTATIVE 4. [2] The person.whose appointment is sought has priority for appointment, with or without appropriate nomination and/or renunciation. Any will to which-the requested appointment refates:has been formally or informally probated. I 1 MPC. 750 (4/15/16) page 1 of 2 Date Filed 1/17/2024 4:36 PM Superior Court - Worcaster Docket Number 2385C-V00421 “ WorcestyDBakthigaand Family Gourt Estate of: Gary Francis Flynn Datg Filed: 1/9/2023 10:00AM ame Case Number: The following person is appointed Personal Representative: ' Jeanfiette A Flynn etiam i at ems First Name wr ML _ ———astName 416 Prospect Street Address) TApE Unit No. ote.y TAdaress) “RLU NS ay West Boylston MA 01583 (CiyTawmy Tiatay py (ciyitown) + saR)- A Primary Phone #:(508) 835-6667 Primary Phone #: ' ' 5. The Personal Representative shail Serve in an unsupervised administration: I [E] without surety on the bond. O with (personal LJ corporate sureties on the bond in the penal sum amount of $ 1 6. Letters.of Authority shall issue. vs The Personal Representative(s) shall comply with ail relevant requirements under the law and the appointment is subject to termination as provided in G. L..c. 190B, §§ 3-608-612: Date AW B \202a ~ —— C Justice, +FTh Magistrate The Petition is DENIED/DECLINED because