SUPERIOR COURT
`
`J.D. OF NEW BRITAIN
`
`AT NEW BRITAIN
`
`November 12, 2024
`
`:
`
`: : :
`
`NO. HHB-CV-24-6086629S
`
`ALLSTATE INSURANCE COMPANY
`(AS SUBROGEE OF MICHAEL
`BAGINSKI)
`
`vs.
`
`I.B. ABEL, INC. AND EVERSOURCE
`ENERGY SERVICE COMPANY AND
`COLEMAN DRILLING & BLASTING,
`INC.
`
`REQUEST FOR LEAVE TO AMEND COMPLAINT
`
`Plaintiff, Allstate Insurance Company (as subrogee of Michael Baginski), by and
`through the undersigned counsel, respectfully request for leave to amend its complaint a copy
`of which is attached hereto as Exhibit A. The reason for said amendment is to add a count
`against Defendant, Coleman Drilling & Blasting, Inc.
`WHEREFORE, Plaintiff requests leave to amend its complaint.
`
`1
`
`
`
`J.D. OF NEW BRITAIN
`
`AT NEW BRITAIN
`
`November 12, 2024
`
`:
`
`: : :
`
`NO. HHB-CV-24-6086629S
`
`ALLSTATE INSURANCE COMPANY
`(AS SUBROGEE OF MICHAEL
`BAGINSKI)
`
`vs.
`
`I.B. ABEL, INC. AND EVERSOURCE
`ENERGY SERVICE COMPANY AND
`COLEMAN DRILLING & BLASTING,
`INC.
`
`REQUEST FOR LEAVE TO AMEND COMPLAINT
`
`Plaintiff, Allstate Insurance Company (as subrogee of Michael Baginski), by and
`through the undersigned counsel, respectfully request for leave to amend its complaint a copy
`of which is attached hereto as Exhibit A. The reason for said amendment is to add a count
`against Defendant, Coleman Drilling & Blasting, Inc.
`WHEREFORE, Plaintiff requests leave to amend its complaint.
`
`1
`
`
`
`THE PLAINTIFF,
`ALLSTATE INSURANCE COMPANY
`(AS SUBROGEE OF MICHAEL BAGINSKI)
`
`By:
`
`/s/434056
`
`Dexter Largent
`Law Offices of Dennis J. Rinaldi
`55 Capital Boulevard, Suite 202
`Rocky Hill, CT 06067
`Telephone: (860) 709-5081
`E-Service Only: CTlegal@allstate.com
`Juris No. 434056
`
`2
`
`
`
`CERTIFICATION
`
`I hereby certify that a copy of the above was mailed or electronically delivered on November
`12, 2024, to all counsel and self-represented parties of record and that written consent for
`electronic delivery was received from all counsel and self-represented parties of record who
`were electronically served:
`Timothy Robert Scannel
`Boyle, Shaughnessy Law, P.C.
`280 Trumbull Street, 23rd Floor
`Hartford, CT 06103
`tbouchard@boyleshaughnessy.com
`Owen Mohler, Legal Assistant - omohler@boyleshaughnessy.com
`Attorney for I.B. Abel, Inc./Apportionment Plaintiff
`
`Amy Leete Van Dyke
`Eversource Energy Legal Department
`107 Selden Stret
`Berlin, CT 06037
`amy.vandyke@eversource.com
`Janet.Helmke-elmore@eversource.com - co-counsel
`jessica.colliton@eversource.com - Jessica Colliton - Paralegal
`
`- AND –
`
`John Christopher Mayano, Esq.
`Milano & Wanat
`471 East Main Street
`Branford, CT 06405
`(Tel) 203-315-7000
`(Fax) 203-315-7007
`jmayano@mwllc.us
`
`Attorneys for Eversource Energy Service Company
`
`3
`
`
`
`Christopher Paul Williams, Esq.
`Conway Stoughton, LLC
`641 Farmington Avenue
`Hartford, CT 06105
`cwilliams@conwaystoughton.com
`Attorney for Apportionment Defendant, Coleman Drilling & Blasting, Inc.
`
`/s/434056
`
`DEXTER R. LARGENT
`Attorney at Law
`
`4
`
`
`
`SUPERIOR COURT
`
`J.D. OF NEW BRITAIN
`
`AT NEW BRITAIN
`
`November 12, 2024
`
`:
`
`: : :
`
`NO. HHB-CV-24-6086629S
`
`ALLSTATE INSURANCE COMPANY
`(AS SUBROGEE OF MICHAEL
`BAGINSKI)
`
`vs.
`
`I.B. ABEL, INC. AND EVERSOURCE
`ENERGY SERVICE COMPANY AND
`COLEMAN DRILLING & BLASTING,
`INC.
`
`AMENDED COMPLAINT
`
`FIRST COUNT: (NEGLIGENCE AS TO I.B. ABEL, INC.)
`
`1. On June 6, 2022, the plaintiff, Allstate Insurance Company, was a corporation
`engaged in the business of selling homeowner’s insurance policies in Connecticut.
`2. Defendant, I.B. Abel, Inc., is, upon information and belief, a foreign corporation
`with its principal place of business located at 2745 Black Ridge Road, York,
`Pennsylvania 17406.
`3. Defendant, Eversource Energy Service Company, “hereinafter referred to as,
`“Eversource”), is, upon information and belief, a foreign corporation with its
`principal place of business located at 800 Boylston Street, 17th Floor, Boston, MA
`02199.
`4. Defendant, Coleman Drilling & Blasting, Inc., (hereinafter referred to as, “Coleman
`Drilling”), is, upon information and belief, a corporation with its principal please of
`business located at 1458 Hopeville Road, Griswold, Connecticut 06351.
`5. On or about June 6, 2022, the plaintiff, Allstate Insurance Company, insured the
`dwelling owned by Michael Baginski located at 78 Pentlow Avenue in New
`Britain, Connecticut.
`
`EXHIBIT "A"
`
`5
`
`
`
`6. On said date Defendant, Eversource, contracted with Defendant, I.B. Abel, Inc. to
`perform utility work outside the insured’s dwelling.
`7. On or before June 6, 2022, Defendant, Coleman Drilling & Blasting, Inc., and/or its
`agents, servants, or employees, drilled the holes in which electrical poles were to be
`placed on or near the property located at 78 Pentlow Avenue, New Britain,
`Connecticut.
`8. On date the Defendant, I.B. Abel, Inc., negligently installed an electrical pole
`through the sewer line causing water to overflow in the insured’s home causing
`extensive damage.
`9. The Plaintiff’s damages were proximately caused by the negligence and
`carelessness of the Defendant, I.B. Abel, Inc. and its agents, servants, and/or
`employees in one or more of the following ways:
`a.
`failing to maintain said property in a reasonable and safe condition so as
`not to cause damage or injury to others;
`failing to secure said property in a safe and reasonable manner so as to
`prevent the dangerous and defective condition;
`failing to conduct reasonable and timely inspections of said property to
`ascertain the dangerous and defective conditions therein;
`failing to properly repair the piping thereby creating an unreasonable risk
`of harm to the plaintiff, and its insured; and
`failing to warn the plaintiff, and its insured, of the dangerous and defective
`condition therein;
`failing to investigate the existence of all underground piping or structures
`prior to beginning work at the insured’s home;
`failing to properly mark the location of all underground piping or structures
`prior to beginning work at the insured’s home;
`
`g.
`
`b.
`
`c.
`
`d.
`
`e.
`
`f.
`
`6
`
`
`
`j.
`
`k.
`
`i.
`
`h.
`
`failing to properly request assistance from qualified utility personnel in
`order to determine the existence and location of all underground piping and
`structures prior to beginning work at the insured’s home;
`failing to abide by the known location of underground piping and structures
`when determining placement for the Eversource pole at the insured
`property;
`failing to repair or replace damaged piping in a timely and reasonable
`manner once the damaged sewer line had become apparent; and/or
`failing to exercise reasonable caution under the circumstances then and
`there existing.
`10. The insured Michael Baginski was at all times in the exercise of due care.
`11. At all times relevant herein, Plaintiff Allstate insured Michael Baginski for property
`damage to the dwelling located at 78 Pentlow Avenue in New Britain, Connecticut
`pursuant to a policy of insurance.
`12. Following the incident on June 6, 2022, Michael Baginski filed a claim for said loss
`with Plaintiff Allstate, pursuant to her policy of insurance, and was paid the sum of
`$33,064.54 by Allstate.
`13. Additionally, the Plaintiff’s insured was forced to expend her deductible in the
`amount of $750.00, which the Plaintiff now seeks to recover on her behalf.
`14. The Plaintiff now stands subrogated to the rights and caused of action of its insured
`to the extent of $33,814.54 plus interest and costs.
`SECOND COUNT: (Negligence as to Eversource Energy Service Company):
`1-6.
`Plaintiff adopt the allegations of Count One, paragraphs one through six of
`Plaintiff’s First Count and incorporates such allegations here by reference as though they were
`set out in full and in detail, and in addition to such allegations plaintiff further alleges as
`follows:
`
`7
`
`
`
`d.
`
`7. The Plaintiff’s damages were proximately caused by the negligence and
`carelessness of the Defendant, Eversource and its agents, servants, and/or
`employees in one or more of the following ways:
`a. Failed to hire a sub-contractor to maintain said property in a reasonable and
`safe condition so as not to cause damage or injury to others;
`b. Neglected to ensure all contractors performing work at the subject premises
`were qualified to do the work as they were contracted to perform;
`c. Neglected to supervise, inform, and instruct all contractors performing
`work at the subject premises to ensure quality and safety of work
`performed;
`failing to maintain said property in a reasonable and safe condition so as
`not to cause damage or injury to others;
`failing to secure said property in a safe and reasonable manner so as to
`prevent the dangerous and defective condition;
`failing to conduct reasonable and timely inspections of said property to
`ascertain the dangerous and defective conditions therein;
`failing to properly repair the piping thereby creating an unreasonable risk
`of harm to the plaintiff, and its insured; and
`failing to warn the plaintiff, and its insured, of the dangerous and defective
`condition therein;
`failing to investigate the existence of all underground piping or structures
`prior to beginning work at the insured’s home;
`failing to properly mark the location of all underground piping or structures
`prior to beginning work at the insured’s home;
`
`e.
`
`f.
`
`g.
`
`h.
`
`i.
`
`j.
`
`8
`
`
`
`k.
`
`l.
`
`failing to properly request assistance from qualified utility personnel in
`order to determine the existence and location of all underground piping and
`structures prior to beginning work at the insured’s home;
`failing to abide by the known location of underground piping and structures
`when determining placement for the Eversource pole at the insured
`property;
`m. failing to repair or replace damaged piping in a timely and reasonable
`manner once the damaged sewer line had become apparent; and/or
`failing to exercise reasonable caution under the circumstances then and
`there existing.
`
`n.
`
`8. The insured Michael Baginski was at all times in the exercise of due care.
`9. At all times relevant herein, Plaintiff Allstate insured Michael Baginski for
`property damage to the dwelling located at 78 Pentlow Avenue in New Britain,
`Connecticut pursuant to a policy of insurance.
`10. Following the incident on June 6, 2022, Michael Baginski filed a claim for said
`loss with Plaintiff Allstate, pursuant to her policy of insurance, and was paid the
`sum of $33,064.54 by Allstate.
`11. Additionally, the Plaintiff’s insured was forced to expend her deductible in the
`amount of $750.00, which the Plaintiff now seeks to recover on her behalf.
`12. The Plaintiff now stands subrogated to the rights and caused of action of its insure
`to the extent of $33,814.54 plus interest and costs.
`
`THIRD COUNT: (Negligence as to Coleman Drilling & Blasting, Inc.):
`1-8.
`Plaintiff adopt the allegations of Count One, paragraphs one through
`six of Plaintiff’s First Count and incorporates such allegations here by reference as
`
`9
`
`
`
`c.
`
`d.
`
`e.
`
`f.
`
`g.
`
`h.
`
`b.
`
`though they were set out in full and in detail, and in addition to such allegations
`plaintiff further alleges as follows:
`9. The Plaintiff’s damages were proximately caused by the negligence and
`carelessness of the Defendant, Coleman Drilling & Blasting, Inc., and its agents,
`servants, and/or employees in one or more of the following ways:
`a. In that it failed to maintain said property in a reasonable and safe condition
`so as not to cause damage or injury to others;
`In that it failed to secure said property in a safe and reasonable manner
`so as to prevent the dangerous and defective conditions;
`In that it failed to conduct reasonable and timely inspections of said
`property to ascertain the dangerous and defective conditions therein;
`In that it failed to properly repair the piping thereby creating an
`unreasonable risk of harm to the plaintiff and its insured;
`in that it failed to warn the plaintiff, and its insured, of the dangerous
`and defective condition therein;
`In that it failed to investigate the existence of all underground piping or
`structures prior to beginning work at the insured’s home.
`In that it failed to properly mark the location of all underground piping
`or structures prior to beginning work at the insured’s home;
`In that it failed to properly request assistance from qualified utility
`personnel in order to determine the existence and location of all
`underground piping and structures prior to beginning work at the
`insured’s home;
`In that it failed to abide by the known location of underground piping
`and structures when determining placement for the Eversource pole at
`the insured property.
`
`i.
`
`10
`
`
`
`k
`
`j.
`
`In that it failed to repair or replace damaged piping in a timely and
`reasonable manner once the damaged sewer line had become apparent.
`in that it failed to exercise reasonable causing under the circumstances
`then and there existing.
`8. The insured Michael Baginski was at all times in the exercise of due care.
`9. At all times relevant herein, Plaintiff Allstate insured Michael Baginski for
`property damage to the dwelling located at 78 Pentlow Avenue in New Britain,
`Connecticut pursuant to a policy of insurance.
`10. Following the incident on June 6, 2022, Michael Baginski filed a claim for said
`loss with Plaintiff Allstate, pursuant to her policy of insurance, and was paid the
`sum of $33,064.54 by Allstate.
`11. Additionally, the Plaintiff’s insured was forced to expend her deductible in the
`amount of $750.00, which the Plaintiff now seeks to recover on her behalf.
`12. The Plaintiff now stands subrogated to the rights and caused of action of its insure
`to the extent of $33,814.54 plus interest and costs.
`
`11
`
`
`
`WHEREFORE, the plaintiff claims damages in the amount of $33,814.54.
`Judgment in the amount of $33,814.54 with interest on such amount as allowed
`by law from date of judgment until paid;
`Costs of suit; and
`Such other and further relief as the Court may deem just and proper.
`
`12
`
`
`
`CERTIFICATION
`
`I hereby certify that a copy of the above was mailed or electronically delivered on
`November 12, 2024, to all counsel and self-represented parties of record and that written
`consent for electronic delivery was received from all counsel and self-represented parties of
`record who were electronically served:
`
`Timothy Robert Scannel
`Boyle, Shaughnessy Law, P.C.
`280 Trumbull Street, 23rd Floor
`Hartford, CT 06103
`Tel: (860) 952-9800
`Fax: (860) 278-7757
`tbouchard@boyleshaughnessy.com
`Attorney for I.B. Abel, Inc./Apportionment Plaintiff
`
`Amy Leete Van Dyke
`Eversource Energy Legal Department
`107 Selden Stret
`Berlin, CT 06037
`Tel: (860) 665-5830
`Fax: (860) 665-5504
`amy.vandyke@eversource.com
`Janet.Helmke-elmore@eversource.com
`
`- AND –
`
`John Christopher Mayano, Esq.
`Milano & Wanat
`471 East Main Street
`Branford, CT 06405
`(Tel) 203-315-7000
`(Fax) 203-315-7007
`jmayano@mwllc.us
`
`Attorneys for Eversource Energy Service Company
`
`13
`
`
`
`Christopher Paul Williams, Esq.
`Conway Stoughton, LLC
`641 Farmington Avenue
`Hartford, CT 06105
`Tel: 860-523-8000
`Fax: 860-523-8002
`cwilliams@conwaystoughton.com
`Attorney for Apportionment Defendant, Coleman Drilling & Blasting, Inc.
`
`/s/434056
`__________________________
`
`14
`
`
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