Free Memorandum in Support of Motion - District Court of Connecticut - Connecticut

I Case 3:03-cv-OO5$g§MRK Document 73 Filed O9/@2004 Page 1 of 4
UNITED STATES DISTRICT COURT U {xr
DISTRICT OF CONNECTICUT I I I
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BILL L. GOUVEIA AS ADMINISTRATOR SFP II ¢— I*· III IIII
OF THE ESTATE OF José GUERRA, U_ ij, Italo I U _I,J.I_; I I
Plaintiff ruin emit r.;;.r;»r_ I
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V' CIVIL ACTION No. 303CV597 MRK
SIG SIMONAZZI NORTH AMERICA, INC.,
Defendant
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Dated: September 8, 2004 I
SASIB FOOD MACHINERY MV, S.P.A., I
SASIB BAKERY ITALIA, S.P.A.,
DRY PRODUCTS, S.P.A., and
COMPAGNIE INDUSTRIALI RIUNITE,
Third—Part Defendants I
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MEMORANDUM OF I.AW IN SUPPORT OF I
Tl-IE PLAINTIFF’S MOTION TO AMEND THE COMPLAINT
NOW COMES the plaintiff and files this memorandum of law in support of the
Plaintiffs Motion to Amend the Complaint allowing the plaintiff to assert a direct cause of
action against the third-party defendants Sasib Food Machinery MV, S.p.A., Sasib
Bakery Italia, S.p.A., Dry Products S.p.A., and Compagnie Industriali Riunite, S.p.A.
I. Facts
On or about April 27, 2001, the plaintiffs decedent, José Guerra, died as a result of
the blunt force trauma to his head and neck while he was lawfully on the premises of
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Chaves Bakery, located in Bridgeport, Connecticut, and performing his regular duties as a
baker, which included working near the a Bakery Line Bread and Roll Making Machine,
model/order number 3444 CHA ("the "Bakery Machine").
On or about April 2, 2003, the plaintiff commenced a cause of action pursuant to
Connecticut Products Liability Act, C.G.S. §§52-572m, et seq. and 52-555 against the I
defendant Sig Simonazzi North America, Inc., alleging the defendant was the designer,
developer, manufacturer, tester, fashioner, packager, marketer, inspector, distributor,
supplier, installer, maintainers, seller, supervisor, deliverer, and modifier ofthe subject

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, bakery machine and/or its component parts. The plaintiffs claims were based upon an
agreement and order confirmation numbered 115964, and dated December 4, 1997,
which agreement was made between the defendant Sig Simonazzi North America, Inc. [
and the plaintiffs decedent employer Chaves Bakery.
Thereafter the defendant, Sig Simonazzi North America, Inc., filed a Motion for
Leave to File a Third—Party Complaint. On or about January 8, 2004, the Court allowed i
the defendant’s Motion to File a Third-Party Complaint against Sasib Food Machinery MV,
S.p.A., Sasib Bakery Italia, S.p.A., Dry Products S.p.A., and Compagnie lndustriaii Riunite,
S.p.A. The defendant, Sig Simonazzi North America, Inc., has alleged that the third-party
defendants designed, developed, manufactured, tested, fashioned, packaged, marketed,
inspected, distributed, supplied, installed, maintained, sold, supervised, delivered, and
modified the subject bakery machine.
ll. Plaintiff May Assert a Cause of Action Against The Third-Party Defendants
Plaintiff seeks to assert a cause of action against the third-party defendants Sasib
Food Machinery MV, S.p.A., Sasib Bakery Italia, S.p.A., Dry Products S.p.A., and
Compagnie lndustriaii Riunite, S.p.A. The third-party defendants Sasib Food Machinery
MV, S.p.A., Sasib Bakery Italia, S.p.A., Dry Products S.p.A., and Compagnie industriali
Riunite, S.p.A are alleged to be the designers, developers, manufacturers, testers,
fashioners, packagers, marketers, inspectors, distributors, suppliers, installers,
maintainers, sellers, supervisors, deliverers, and modifiers of the subject bakery machine.
Federal Rule of Civil Procedure 14(a) states, "the plaintiff may assert any claim f
against the third-party defendant arising out of the transaction or occurrence that is the
subject matter of the plaintiffs claim against the third-party plaintiff." The claims alleged by
the defendant, third-party plaintiff Sig Simonazzi North America, Inc., against the third-
party defendants, Sasib Food Machinery MV, S.p.A., Sasib Bakery Italia, S.p.A., Dry
Products S.p.A., and Compagnie lndustriaii Riunite, S.p.A., arise from the same subject l
matter as the plaintiffs claims against the defendant, third-party plaintiff. I
The third party-defendants are now a part of this litigation and would not be I
prejudiced by allowance of the pIaintiff’s Motion to Amend the Complaint. Federal Rule
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. . Case 3:03-cv-005875MRK Document 73 Filed O9/ of Civil Procedure 15(a) provides that a party may file an amended pleading by leave of
Court and that, "leave shall be freely given when justice so requires." Federal Rule Of Q
Civil Procedure Rule 15(c) provides that whenever a claim asserted in an amended
pleading arises out of the conduct, transaction, or occurrence set forth ln the original
pleading, the amendment relates back to the original pleading. Plaintiff’s claims against l
the third-party defendants are based upon the same facts and occurrences set forth in
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the pending action against Sig Simonazzi North America, Inc. Therefore, the plaintlff’s F
claims against the third—party defendants Sasib Food Machinery MV, S.p.A., Sasib )
Bakery Italia, S.p.A., Dry Products S.p.A., and Compagnie Industriali Riunite, S.p.A. 3
should relate back to the commencement of his action against Sig Simonazzi North
America, Inc.
lll. Conclusion I
The plaintiff seeks to add claims that are directly related to the events
surrounding the plaintiffs decedent accident on April 27, 2001. The proposed
amendments relate to conduct, transactions and occurrences that occurred on or about
April 27, 2001, are directly related to the plaintiffs claims against the defendant Sig
Simonazzi North America, Inc., and should be allowed. For the forgoing reasons the
Court should allow the plaintiff’s Motion to Amend the Complaint. l
Respectfully submitted, i
THE PLAINTIFF, BILL L. GOUVEIA AS ,
ADMINISTRATOR OF THE ESTATE
OF JOSE GUERRA,
By his attorney, t
rg, QL
Rlcha J. Sullivan `
Fed Bar # CT24914 ,
Sullivan & Sullivan, LLP |
31 Washington Street
Wellesley, MA 02481
Telephone (781) 263-9400
Fax (781) 239-1360 |
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I CERTIFICATION I
I This is to certify that on this day I served, by first-class mail postage prepaid, a I
copy of the foregoing to: I
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Patrick M. Birney, Esq. _
Halloran & Sage, LLP I
One Goodwin Square .
225 Asylum Street I
Hartford, CT 06103 I
Deborah S. Russo, Esq. I
Day Berry & Howard, LLP s
CityPIace I
Hartford, CT 06103-3499
John J. Horan, Esq.
Jonathan Mazer, Esq. I
Fox Horan & Camerini, LLP I
825 Third Avenue I
New York, NY 10022 I
R HA J. SULLIVAN I
Dated: September 8, 2004 .
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Richard J. Sullivan, Sullivan 8 Sullivan, LLP
31 Washington Street- Wellesley, MA 02481
Telephone (781) 263-9400 — Fax (781) 239-1360 I
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