Counterclain in Deebs case
Published: October 20, 2008
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX,. ss. SUPERIOR COURT DEPARTMENT
C.A. NO. MICVO8-
__________________________________________
)
VICTOR DEEB )
Plaintiff in counterclaim )
)
v. )
) DEFENDANT’S
CITY OF MARLBORO, ) COUNTERCLAIMS
COMMONWEALTH OF MASSACHUSETTS )
DEPARTMENT OF ENVIRONMENTAL )
PROTECTION, )
NICHOLAS CHILDS , )
PAMELA A. WILDERMAN, )
DEIDRA A. O’CONNOR, )
DAVID W. ADAMS, PAUL M. ZOMPETTI, )
JAMEY A. GIANCOLA, THOMAS R. MELLOR, )
JOHN J. MCGRATH, JAMES POLECHRONIS, )
RICHARD P. MCGRATH, BRIAN L. ELDER, )
WILLIAM H. PAPPAS, DAVID J. CAFERELLI, )
JOSEPH M. POPEK, EDMOTH MATTHEWS, )
STEVEN CHAOUSIS, RONALD P. AYOTTE, )
SHAWN P. BRECKEN, DAVID A. LOGAN, )
JANEEN A. GRASSO, BRIAN A. LACROIX, )
GARY LAZAROS, MICHAEL A. GRASSO, )
JOSEPH C. GRASSO , MICHAEL F. NEWTON, )
PATRICK F. FORTIN, CHARLES SZAMANDA, )
FREDERICK F. FLYNN, )
ROHM & HAAS CORPORATION )
Defendants )
_________________________________________ )
1. The Plaintiff, Victor Deeb, is a 71 year old individual who is a retired chemist residing at 81 Fremont Street, Marlboro, Middlesex County, Massachusetts.
2. Defendant, City of Marlboro, is a Massachusetts Municipal Corporation having its usual place of business at 140 Main Street, Marlboro, Massachusetts 01752.
3. Defendant, Pamela A. Wilderman, is an individual employed by the City of Marlboro and acted in the capacity of Code Enforcement Officer at all relevant times to the above captioned matter.
4. Defendant, Deirdre A. O’Connor, is an individual employed by the City of Marlboro and acted in the capacity of Assistant Sanitarian for the Board of Health at all relevant times to the above captioned matter.
5. Defendant, David W. Adams, is an individual employed by the City of Marlboro and acted in the capacity of Fire Chief for the City of Marlboro at all relevant times to the above captioned matter.
6. Defendant, Paul M. Zompetti, is an individual employed by the City of Marlboro and acted in the capacity of Lieutenant of the Marlboro Fire Department at all relevant times to the above captioned matter.
7. Defendant, Jamey A. Giancola, is an individual employed by the City of Marlboro and acted in the capacity of Fire Fighter of the Marlboro Fire Department at all relevant times to the above captioned matter.
8. Defendant, Thomas R. Mellor, is an individual employed by the City of Marlboro and acted in the capacity of Fire Fighter of the Marlboro Fire Department at all relevant times to the above captioned matter.
9. Defendant, John J. McGrath, is an individual employed by the City of Marlboro and acted in the capacity of Fire Fighter of the Marlboro Fire Department at all relevant times to the above captioned matter.
10. Defendant, James Polechronis, is an individual employed by the City of Marlboro and acted in the capacity of Fire Fighter of the Marlboro Fire Department at all relevant times to the above captioned matter.
11. Defendant, Richard P. McGrath, is an individual employed by the City of Marlboro and acted in the capacity of Fire Fighter of the Marlboro Fire Department at all relevant times to the above captioned matter.
12. Defendant, Brian L. Elder, is an individual employed by the City of Marlboro and acted in the capacity of Fire Fighter of the Marlboro Fire Department at all relevant times to the above captioned matter.
13. Defendant, William H. Pappas, is an individual employed by the City of Marlboro and acted in the capacity of Fire Fighter of the Marlboro Fire Department at all relevant times to the above captioned matter.
14. Defendant, David J. Caferelli, is an individual employed by the City of Marlboro and acted in the capacity of Fire Fighter of the Marlboro Fire Department at all relevant times to the above captioned matter.
15. Defendant, Steven P. Cavallo, is an individual employed by the City of Marlboro and acted in the capacity of Fire Fighter of the Marlboro Fire Department at all relevant times to the above captioned matter.
16. Defendant, Joseph M. Popek, is an individual employed by the City of Marlboro and acted in the capacity of Fire Fighter of the Marlboro Fire Department at all relevant times to the above captioned matter.
17. Defendant Edmoth Matthews, is an individual employed by the City of Marlboro and acted in the capacity of Fire Fighter of the Marlboro Fire Department at all relevant times to the above captioned matter.
18. Defendant, Steven C. Chaousis, is an individual employed by the City of Marlboro and acted in the capacity of Fire Fighter of the Marlboro Fire Department at all relevant times to the above captioned matter.
19. Defendant, Ronald P. Ayotte, is an individual employed by the City of Marlboro and acted in the capacity of Deputy Fire Chief of the Marlboro Fire Department at all relevant times to the above captioned matter.
20. Defendant, Shawn P. Brecken, is an individual employed by the City of Marlboro and acted in the capacity of Fire Fighter of the Marlboro Fire Department at all relevant times to the above captioned matter.
21. Defendant, David A. Logan, is an individual employed by the City of Marlboro and acted in the capacity of Fire Fighter of the Marlboro Fire Department at all relevant times to the above captioned matter.
22. Defendant, Janeen A. Grasso, is an individual employed by the City of Marlboro and acted in the capacity of Fire Fighter of the Marlboro Fire Department at all relevant times to the above captioned matter.
23. Defendant, Brian A. Lacroix, is an individual employed by the City of Marlboro and acted in the capacity of Fire Fighter of the Marlboro Fire Department at all relevant times to the above captioned matter.
24. Defendant, Gary Lazaros, is an individual employed by the City of Marlboro and acted in the capacity of Fire Fighter of the Marlboro Fire Department at all relevant times to the above captioned matter.
25. Defendant, Michael F. Newton, is an individual employed by the City of Marlboro and acted in the capacity of Fire Fighter of the Marlboro Fire Department at all relevant times to the above captioned matter.
26. Defendant, Patrick F. Fortin, is an individual employed by the City of Marlboro and acted in the capacity of Fire Fighter of the Marlboro Fire Department at all relevant times to the above captioned matter.
27. Defendant, Michael A. Grasso, is an individual employed by the City of Marlboro and acted in the capacity of Fire Fighter of the Marlboro Fire Department at all relevant times to the above captioned matter.
28. Defendant, Joseph C. Grasso, is an individual employed by the City of Marlboro and acted in the capacity of Fire Fighter of the Marlboro Fire Department at all relevant times to the above captioned matter.
29. Defendant, Frederick F. Flynn, is an individual employed by the City of Marlboro and acted in the capacity of Deputy Fire Chief of the Marlboro Fire Department at all relevant times to the above captioned matter.
30. Defendant, Sean Sullivan, is an individual employed by the Commonwealth of Massachusetts and acted in the capacity of State Police Trooper assigned to the Commonwealth of Massachusetts State Fire Marshalls Office at all relevant times to the above captioned matter.
31. Defendant, Gregory Spahl is an individual employed by the Commonwealth of Massachusetts and acted in the capacity of State Police Trooper assigned to the Commonwealth of Massachusetts State Fire Marshalls Office at all relevant times to the above captioned matter.
32. Defendant Nicholas J. Childs is an individual employed by the Commonwealth of Massachusetts and acted in the capacity of Section Chief Emergency Response Program of the Department of Environmental Protection with an address of 627 Main Street, Worcester, Worcester County, Massachusetts.
33. Defendant William Phillips is an individual employed by the Commonwealth of Massachusetts and acted in the capacity of Emergency Response Program of the Department of Environmental Protection with an address of 627 Main Street, Worcester, Worcester County, Massachusetts.
34. Defendant Donald Cusson is an individual employed by the City of Marlboro and acted in the capacity of Director Marlboro Emergency Management at all relevant times to the above captioned matter.
35. Defendant Robert Landry is an individual employed by the City of Marlboro and acted in the capacity of Marlboro Board of Health at all relevant times to the above captioned matter.
36. Defendant Brian Teixeira is an individual employed by the Federal Bureau of Investigations of Boston, Massachusetts and acted in such capacity at all relevant times to the above captioned matter.
37. Defendant Randal Clark is an individual employed by the Federal Bureau of Investigations of Boston, Massachusetts and acted in such capacity at all relevant times to the above captioned matter.
38. Defendant Nicholas Boshears is an individual employed by the Federal Bureau of Investigations of Boston, Massachusetts and acted in such capacity at all relevant times to the above captioned matter.
39. Defendant J. Brooks Broadus is an individual employed by the Federal Bureau of Investigations of Boston, Massachusetts and acted in such capacity at all relevant times to the above captioned matter.
40. Defendant Matthew Allen is an individual employed by the Massachusetts Department of Fire Services having an address of Stow Road, Stow, Middlesex County, Massachusetts and acted in capacity of Compliance Officer of Code Compliance and Enforcement Unit of the Massachusetts Department of Fire Services at all relevant times to the above captioned matter.
41. Defendant, New England Disposal Technologies, Inc. is a Massachusetts Corporation registered with the Commonwealth of Massachusetts Secretary of States Office and having an address of 83 Gilmore Drive, Sutton, Worcester, County, Massachusetts.
42. Defendant Michael Sabo is an individual employed by New England Disposal Technologies, Inc having a work address of 83 Gilmore Drive, Sutton, Worcester County, Massachusetts and acted in capacity as supervisor at all relevant times to the above captioned matter.
43. Defendant Brian Bodemer is an individual employed by New England Disposal Technologies, Inc having a work address of 83 Gilmore Drive, Sutton, Worcester County, Massachusetts and acted in capacity as Field Chemist at all relevant times to the above captioned matter.
44. Defendant Chris Anderson is an individual employed by New England Disposal Technologies, Inc having a work address of 83 Gilmore Drive, Sutton, Worcester County, Massachusetts and acted in capacity as Field Chemist at all relevant times to the above captioned matter.
45. Defendant Felix Fontanez is an individual employed by New England Disposal Technologies, Inc having a work address of 83 Gilmore Drive, Sutton, Worcester County, Massachusetts and acted in capacity as Foreman at all relevant times to the above captioned matter.
46. Defendant Craig Bloem is an individual employed by New England Disposal Technologies, Inc having a work address of 83 Gilmore Drive, Sutton, Worcester County, Massachusetts and acted in capacity as Field Technician at all relevant times to the above captioned matter.
47. Defendant Shawn Kelly is an individual employed by New England Disposal Technologies, Inc having a work address of 83 Gilmore Drive, Sutton, Worcester County, Massachusetts and acted in capacity as Equipment Operator at all relevant times to the above captioned matter.
48. Defendant John Drugan is an individual employed by the Commonwealth of Massachusetts State Police Crime Lab having a work address of Massachusetts State Police Headquarters, Worcester Road, Framingham, Middlesex County, Massachusetts, acted in the capacity as Crime Scene Technician at all relevant times to the above captioned matter.
49. Defendant John Biello is an individual employed by the Commonwealth of Massachusetts State Police Crime Lab having a work address of Massachusetts State Police Headquarters, Worcester Road, Framingham, Middlesex County, Massachusetts, acted in the capacity as Crime Scene Technician at all relevant times to the above captioned matter.
50. Defendant Charles Szamanda is an individual who is employed by Rohm and Haas of Rohm and 100 Independence Mall West, Philadelphia, Pa 19106 and was contacted by the Commonwealth of Massachusetts Department of Environmental protection to assist in identification of the chemicals and acted in the capacity as an expert witness at all relevant times to the above captioned matter.
51. Defendant Rohm and Haas is a corporation having its corporate headquarters located at 100 Independence Mall West, Philadelphia, Pa 19106 with offices located at 455 Forest Street, Marlboro, Middlesex County, Massachusetts.
Facts
52. The Plaintiff is a 71 year old retired chemist who dabbles in chemistry as a hobby and not as a vocation.
53. On August 5, 2008 the Marlboro Fire Department responded to 81 Fremont Street for a report of an air conditioning motor fire on the second floor.
54. The resident, Victor Deeb, was already out of the home when the fire department arrived.
55. The Marlboro Fire Department removed the air conditioning unit from the second floor window and the fire was contained to the one room on the second floor.
56. Defendant, Lieutenant Zompetti, entered the basement in search of the circuit breaker box which was located in the two car garage of the residence.
57. The electricity to the home was not turned off until 5 hours later by NStar Electric.
58. Upon entering the basement Defendant Zompetti discovered a laboratory in the basement.
59. Defendant Zompetti subsequently took photos of the basement and downloaded these photos on a computer system located in the fire truck.
60. It was not immediately apparent to the Defendants of the Fire Department that there were hazardous chemicals and it required a further inquiry into the contents of some of the containers.