Date Filed 3/15/2023 4:42 PM
`Superior Court - Suffolk
`Docket Number
`
`SUFFOLK,ss.
`
`COMMONWEALTH OF MASSACHUSETTS
`
`SUFFOLK SUPERIOR COURT
`Docket No.:
`
`COMPLAINT AND
`DEMAND FOR JURY TRIAL
`
`
`
`MICKEY S. WILLIAMS
`
`Plaintiff,
`
`VS.
`
`NeeNeeNeeNeeeeeeeeee”ee”ee”
`
`MEMBERSPLUS CREDIT UNION
`
`Defendant.
`
`PARTIES
`
`1. The Plaintiff, Mickey Williams, is an individual with a place of residence located at 40
`Frazer Street, Hyde Park, MA.
`
`2. The Defendant, Members Plus Credit Unionis a corporation with a principal place of
`business located at 29 High Street, Medford, Massachusetts and a bank branch located at 494
`Gallivan Boulevard, Dorchester Massachusetts.
`
`FACTS
`
`3. Plaintiff, Mickey Williams, repeats, reavers, and realleges paragraphs 1 through 2 and
`incorporates them by reference as thoughfully set forth here.
`
`4. On December21, 2020 Plaintiff was lawfully on the Defendant’s premises of 494 Gallivan
`Boulevard, Dorchester, Massachusetts (hereinafter “the bank’’), a property owned and
`controlled by the Defendant.
`
`5. On that date, Defendant was a Credit Union or Bank and Plaintiff was its customer.
`
`6. Prior to Plaintiffs arrival on December 21, 2020, Defendant had established COVID-19
`protocols in response to governor Charlie Baker’s executive order no. 58. Part of those
`protocols required a one-directional flow of pedestrian traffic and a limit to the numberof
`customersin the bank.
`
`7. Defendant’s bank has two meansofentrance/exit, one leading to the rear parking lot and
`another leading to Gallivan Boulevard sidewalk.
`
`8. To comply with COVIDregulations, Defendant required customers to enter through the rear
`parking lot entrance and exit through the Gallivan Boulevard sidewalk exit. Once outside,
`customers were directed to walk back to their vehicles through the parking lot driveway
`(hereinafter “the walkway”).
`
`

`

`Date Filed 3/15/2023 4:42 PM
`Superior Court - Suffolk
`Docket Number
`
`On December21, 2020, Plaintiff arrived at the bank just after it opened at 9:00AM.
`
`10.
`
`Uponarrival, Plaintiff entered the bank through the parking lot entrance as directed. After
`conducting business within the bank, he exited through the Gallivan Boulevard sidewalk exit
`as directed. Once outside, he walked back towardshis vehicle through the walkwayas
`directed.
`
`11.
`
`Prior to opening the bank, Defendant did not ensure that the walkway through which it was
`sending its customers wasclearofice.
`
`12.
`
`AsPlaintiff was walking back to his car, he encountered black ice which causedhis foot to
`slip out from under him.Plaintiff fell and broke his ankle suffering permanent,lifelong
`impairmentsasa result.
`
`COUNT I —- NEGLIGENCE
`Mickey Williams v. Members Plus Credit Union
`
`13.
`
`Plaintiff, Mickey Williams, repeats, reavers, and realleges paragraphs 1 through 12 and
`incorporates them by reference as though fully set forth herein.
`
`14.
`
`The Defendant, Members Plus Credit Union owed a duty to the Plaintiff, Mickey Williams,
`to ensure that its premises were safe and free of hazards and/or dangerous conditions and to
`maintain that property in a safe manner.
`
`15.
`
`The Defendant, Members Plus Credit Union,its agents, and/or employees, breached this duty
`of care in thatit:
`
`a. Failed to keep the premise free of defects such as black ice of which it knew or
`reasonably should have known;
`b. Failed to draft and/or implementproperpolicies and procedures to ensure that the
`walkway through whichit was directing customers wasin a reasonably safe condition
`free of snow andice;
`c. Failed to draft and/or implement proper safety procedures to reduce the risk of customers
`slipping on snow andice;
`d. Failed to inspect the walkway through whichit intended to direct customers for black ice
`or other hazardous conditions prior to opening for business;
`e. Failed to salt or sand the walkway through whichit intended to direct customers even
`though it was aware, or should have been aware,of icy conditions;
`f. Failed to keep proper watch to ensure that the walkway remained in a reasonably safe
`condition free from ice throughout the day;
`g. Directed customers to walk through an area it knew or reasonably should have known
`contained black ice;
`h. Failed to warn Plaintiff of the black ice on the walkway through whichit directed him to
`walk;
`i. Negligently and carelessly left black ice directly in the path of customerfoottraffic; and
`J. Failed to use due care as a reasonably prudent person would underthe same or similar
`circumstances.
`
`

`

`Date Filed 3/15/2023 4:42 PM
`Superior Court - Suffolk
`Docket Number
`
`16. As a direct and proximate result of the negligence of the Defendant, Members Plus Credit
`Union,its agents and/or employees, the Plaintiff, Mickey Williams wasseriously injured.
`The effects of the Plaintiffs injuries are permanentin nature; additionally, he has suffered
`great pain and mental anguish, and will continue to suffer great pain and mental anguish in
`the future.
`
`17. As a direct and proximate result of the negligence of the Defendant, Members Plus Credit
`Union,its agents and/or employees, and the Plaintiffs resulting injuries, the Plaintiff has
`incurred substantial medical expenses. In addition, he will be forced to incur further medical
`expensesin the future.
`
`18. As a direct and proximate result of the negligence of the Defendant, Members Plus Credit
`Union,its agents and/or employees, and Plaintiff’s resulting injuries, the Plaintiff, lost
`substantial earnings and earning capacity.
`
`19. As a direct and proximate result of the negligence of the Defendant, Members Plus Credit
`Union,its agents and/or employees, and Plaintiff’s resulting injuries, the Plaintiffs
`participation in manyactivities has been significantly restricted and or curtailed, and he has
`been restricted from his other social, recreational and everyday activities, which has caused
`him to suffer a loss of the enjoyment of the many usualpleasuresoflife.
`
`WHEREFORE,the Plaintiff, Mickey Williams, demands judgment under CountI against the
`Defendant, Members Plus Credit Union,for the full amount of his damages,plusinterest, costs,
`expenses and attorney’s fees.
`
`PLAINTIFF, MICKEY S. WILLIAMS DEMANDS A JURY TRIAL ON ALL
`ISSUES SO TRIABLE.
`
`Respectfully submitted,
`The Plaintiff,
`By His Attorney,
`
`LIE€. bf
`
`Michael B. Walsh BBO# 680245
`Altman Nussbaum ShunnarahTrial
`Attorneys
`44 SchoolStreet, 6th Floor
`Boston, MA 02108
`(857) 239-8161
`mwalsh@anslawyers.com
`
`Dated: 03/15/2023
`
`