Case Number: NC-2018-0441

Filed in Newport County Superior Court

Submitted: 12/5/2018 3:12 PM
Envelope: 1826730
Reviewer: Cynthia G.

STATE OF RHODE ISLAND SUPERIOR COURT DEPARTMENT

NEWPORT, SC

TIFFANY BRIERE, Individually and )

TIFFANY BRIERE, as Parent and Guardian )
of MORGAN PONTAGARCA, a minor )
Plaintiffs )
)
v. ) C.A. No.
)
CHRISTY GILPATRICK )
Defendant )
____________________________________)

COMPLAINT

NOW COME the Plaintiffs, Tiffany Briere, Individually and Tiffany Briere, as Parent and
Guardian of Morgan Pontagarca, a minor, and allege and state the following cause of action:

PARTIES

1. That Plaintiff, Tiffany Briere, is resident of the State of Rhode Island, residing at 257 King
Road, Tiverton, Rhode Island 02878.

2. That Plaintiff, Tiffany Briere as Parent and Guardian of Morgan Pontagarca, a minor, is a
resident of the State of Rhode Island, residing at 257 King Road, Tiverton, Rhode Island
02878.

3. That Defendant, Christy Gilpatrick , is a resident of the State of Rhode Island, residing at 384
Metacom Avenue, Apt. #2, Warren, Rhode Island 02885.

COUNT I

4. On December 1, 2018, the Plaintiff, Tiffany Briere, was a passenger on a First Student Bus
traveling on Route 24 South in Berkley, Massachusetts.

5. That the Defendant, Christy Gilpatrick, was also traveling south on Route 24 South in
Berkley, Massachusetts, in the same direction as the First Student Bus, when she sideswiped
another vehicle, spun out and lost control of her vehicle.

6. As a result, the Defendant, Christy Gilpatrick’s vehicle entered the bus’ lane of travel causing
the bus off the road, which flipped over several times before coming to a stop in a ditch.

7. At all times material hereto, the Plaintiff, Tiffany Briere, was in the exercise of due care.
Case Number: NC-2018-0441
Filed in Newport County Superior Court
Submitted: 12/5/2018 3:12 PM
Envelope: 1826730
Reviewer: Cynthia G.

8. The aforesaid collision was directly caused by the negligence and recklessness of the
Defendant, Christy Gilpatrick.

9. That as a direct result and proximate cause of the Defendant, Christy Gilpatrick’s,
carelessness, negligence and recklessness in the operation of her motor vehicle, the Plaintiff,
Tiffany Briere, was caused to suffer serious injuries to both her body and mind.

10. As a further direct and proximate result of the negligence of the Defendant, Christy
Gilpatrick, the Plaintiff, Tiffany Briere, was caused to suffer great physical pain and mental
anguish, medical expenses, care and attendance, lost wages and will in the future incur
further medical expenses.

COUNT II

11. Plaintiffs incorporates by reference the allegations contained in Paragraphs 1 through 10

herein.

12. On December 1, 2018, the Plaintiff, Morgan Pontagarca, a minor, was a passenger on a First
Student Bus traveling on Route 24 South in Berkley, Massachusetts.

13. That the Defendant, Christy Gilpatrick, was also traveling south on Route 24 South in
Berkley, Massachusetts, in the same direction as the First Student Bus, when she sideswiped
another vehicle, spun out and lost control of her vehicle.

14. As a result, the Defendant, Christy Gilpatrick’s vehicle entered the bus’ lane of travel causing
the bus off the road, which flipped over several times before coming to a stop in a ditch.

15. At all times material hereto, the Plaintiff, Morgan Pontagarca, a minor, was in the exercise
of due care.

16. The aforesaid collision was directly caused by the negligence and recklessness of the
Defendant, Christy Gilpatrick.

17. That as a direct result and proximate cause of the Defendant, Christy Gilpatrick’s,
carelessness, negligence and recklessness in the operation of her motor vehicle, the Plaintiff,
Morgan Pontagarca, a minor, was caused to suffer serious injuries to both her body and mind.

18. As a further direct and proximate result of the negligence of the Defendant, Christy
Gilpatrick, the Plaintiff, Morgan Pontagarca, a minor, was caused to suffer great physical
pain and mental anguish, medical expenses, care and attendance and will in the future incur
further medical expenses.
Case Number: NC-2018-0441
Filed in Newport County Superior Court
Submitted: 12/5/2018 3:12 PM
Envelope: 1826730
Reviewer: Cynthia G.

WHEREFORE, the Plaintiffs, Tiffany Briere, Individually and Tiffany Briere, as Parent and
Guardian of Morgan Pontagarca, a minor, demand the following:

1. Judgment against the Defendant, Christy Gilpatrick;

2. Such other relief as this Honorable Court deems meet and proper; and

3. Trial by jury.

Plaintiffs, Tiffany Briere, Individually and

Tiffany Briere, as Parent and Guardian of
Morgan Pontagarca, a minor
By their Attorneys,
BRIAN CUNHA & ASSOCIATES, P.C.

/s/ Brian R. Cunha

_____________________________________
Brian R. Cunha, Esq.
311 Pine Street
Fall River, MA 02720
Tel: (508) 675-9500
Fax: (508) 679-6360
R.I.#4074
Brian@briancunha.com

Dated: December 5, 2018