Varallo v. Town of Nantucket, Massachusetts — Entry #38: PRETRIAL MEMORANDUM by Town of Nantucket, Massachusetts
Case: Varallo v. Town of Nantucket, Massachusetts mad · 1:05-cv-11547
filed July 21, 2005
What this document is
Docket entry #38 · filed August 14, 2007
PRETRIAL MEMORANDUM by Town of Nantucket, Massachusetts. (Ryan, Regina)
Who is involved
- Town of Nantucket, Massachusetts
- Varallo
Why we have it
We follow this case because it names a company we track, although that company is not a party:
- Marathon Digital: its subsidiary “Sullivan Company” appears in a filing in this case.
…TRANSMITTAL SHEET TO: FROM: Police Prosecutor Tom Sullivan COMPANY: BATE: Medford PD May 1, 2007 FAX NUMBER:…
A free copy from the RECAP archive of federal court filings (mirrored at the Internet Archive), retrieved November 07, 2026. Federal court filings are public records.
Document text
5 page(s), 7,374 characters, converted from the PDF's text layer · plain text.
Full text
Case 1:05-cv-11547-RWZ Document 38 Filed 08/14/2007 Page 1 of 5
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
DOCKET NO. 05-11547-RWZ
LAUREN VARALLO,
Plaintiff,
v.
TOWN OF NANTUCKET POLICE
DEPARTMENT and JAMES SAMSON,
Defendants
TOWN OF NANTUCKET’S PRE-TRIAL MEMORANDUM
The Town of Nantucket submits the following as its final pre-trial memorandum.
1. TRIAL COUNSEL:
Defendant: Plaintiff:
Town of Nantucket
Douglas I. Louison Leo Boyle
Regina M. Ryan Bradley Henry
Merrick, Louison & Costello, LLC. Meehan, Boyle, Black & Bogdanow,
67 Batterymarch Street 2 Center Plaza, Suite 600
Boston, MA 02110 Boston, MA 02108
Defendant, James Samson
Philip Slotnick, Esquire
Shocket & Dockser, LLP
6 Huron Drive
PO Box 2219
Natick, MA 01760
2. THE CASE WILL BE TRIED BY A JURY:
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Case 1:05-cv-11547-RWZ Document 38 Filed 08/14/2007 Page 2 of 5
3. CONCISE SUMMARY OF THE EVIDENCE:
DEFENDANT TOWN OF NANTUCKET:
The defendant, Town of Nantucket, expects the evidence to show that on July 21, 2002,
the plaintiff, Lauren Varallo, was transported to the Nantucket Cottage Hospital by ambulance
following a 911 call by her parents. The plaintiff had inflicted wounds to herself while at home.
The 911 call was handled by the Town of Nantucket dispatch and the Fire Department
ambulance was dispatched to the plaintiff’s residence.
The plaintiff was admitted by hospital staff for observation for intoxication and for major
depression.. Admission time was approximately 12:30 a.m. Nursing personnel from Nantucket
Cottage Hospital contacted the Nantucket Police Department on two occasions to arrange for a
police detail to assist in the observation of the plaintiff at the hospital.
Then summer police officer, James Samson, came into the station and volunteered to fill
the detail assignment at the hospital. He arrived at the hospital at about 2:30 a.m.
The plaintiff was never placed in protective custody by the Nantucket Police Department
but, was a patient of the hospital. The defendant, James Samson was never informed that the
plaintiff was in protective custody but rather, that she [plaintiff] was under a watch because she
tried to harm herself.
The defendant, James Samson had received greater training than was generally required
to hold the position as a summer reserve police officer. Samson had attended the Massachusetts
Reserve Officer Criminal Justice Training Council Academy. Prior to hiring, candidates for
summer reserve positions are interviewed, submit an application and criminal history checks are
conducted.
The defendant, James Samson, was a productive officer during his tenure with no
criminal history and had completed the Reserve Officer Criminal Justice Training Council
Academy.
4. STATEMENT OF STIPULATED FACTS:
The plaintiff was transported to Nantucket Hospital on July 21, 2002 where she was held
for observation.
5. CONTESTED ISSUES OF FACT:
Whether the Town of Nantucket was negligent on July 21, 2002
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Case 1:05-cv-11547-RWZ Document 38 Filed 08/14/2007 Page 3 of 5
Whether the alleged negligence on behalf of the Town of Nantucket was the
proximate cause of the plaintiff’s injuries?
6. JURISDICTIONAL QUESTIONS:
None.
7. ISSUES OF LAW:
Whether the Town of Nantucket is immune from liability pursuant to G.L . 258, the
Massachusetts Tort Claims Act.
8. AMENDMENTS TO PLEADINGS:
None.
9. ADDITIONAL MATTERS:
The defendant, Town of Nantucket has filed a Motion to Preclude the Plaintiff’s Expert
from Testifying at Trial.
10. PROBABLE LENGTH OF TRIAL:
3-5 days.
11. TRIAL WITNESSES:
DEFENDANT: TOWN OF NANTUCKET
1. Kristie Stolgitis.
2. Jerome Mack, Det,. Nantucket Police Department.
3. Jerry Adams, Det, Nantucket Police Department.
4. James Samson.
5. Jane Bonvini.
6. Christine Ladner, Sgt., Nantucket Police Department.
7. Randolph Norris (Ret) Chief, Nantucket Police Department.
8. Charles Gibson, Deputy Chief, Nantucket Police Department.
9. C. Elizabeth Gibson, Town of Nantucket.
10. John F. McGrady, Jr., Deputy Chief, Nantucket Police Department.
11. Jill Kennedy.
12. Martha Greenfield.
13. Nancy Luchini.
14. Melissa Mullen.
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Case 1:05-cv-11547-RWZ Document 38 Filed 08/14/2007 Page 4 of 5
15. f/n/u Hinson, M.D.
16. Kimberly A. Squier, Trooper, Massachusetts State Police.
17. William J. Burke, Sgt.,Massachusetts State Police.
18. Charles A. Morano, Esquire.
19. Philip A. Tracy, Jr., Esquire.
20. John Muhr, Nantucket Police Department.
21. John Welch, Nantucket Police Department.
22. Suzanne Gale, Nantucket Police Department.
12. DEPOSITION/DISCOVERY EVIDENCE TO BE OFFERED AT TRIAL:
None reasonably contemplated.
13. VOIR DIRE/JURY INSTRUCTIONS:
Counsel for each party will file their respective voir dire and jury instructions under
separate cover.
14. MOTIONS IN LIMINE:
Motion to Preclude Plaintiff’s Expert Witness.
Defendant, TOWN OF NANTUCKET,
By its attorney,
/s/ Regina M. Ryan
Douglas I. Louison (BBO # 545191)
Regina M. Ryan (BBO #565246)
MERRICK, LOUISON & COSTELLO
67 Batterymarch Street
Boston, MA 02110
(617) 439-0305
CERTIFICATE OF SERVICE
I, Regina M. Ryan, hereby certify that on the 14th day of August, 2007, I served the
foregoing by electronic filing, directed to Bradley Henry, Esquire, Meehan, Boyle, Black &
Fitzgerald, PC, Two Center Plaza, Suite 600, Boston, MA 02108 and Philip Slotnick, Esquire,
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Case 1:05-cv-11547-RWZ Document 38 Filed 08/14/2007 Page 5 of 5
Shocket & Dockser, LLP 6 Huron Drive, PO Box 2219, Natick, MA 01760.
/s/ Regina M. Ryan
Regina M. Ryan
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