Soto et al v. Bushmaster Firearms International, LLC et al

Filing 1

NOTICE OF REMOVAL by Remington Outdoor Company, Inc., Remington Arms Company, LLC from Connecticut Superior Court, Judicial District of Fairfield, at Bridgeport Filing fee $ 400 receipt number 0205-3478818, filed by Remington Outdoor Company, Inc., Remington Arms Company, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Whitcomb, Jonathan) (Additional attachment(s) added on 1/15/2015: # 5 REPLACEMENT PDF) (Lynch, K.).

Case 3:15-cv-00068-RNC Document 1-4 Filed 01/14/15 Page 1 of 4

EXHIBIT

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Case 3:15-cv-00068-RNC Document 1-4 Filed 01/14/15 Page 2 of 4

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF' CONNECTICUT
DONNA L. SOTO, ADMINISTRATRIX OF
THE ESTATE OF VICTORIA L . SOTO, et al.
Plaintiffs,

VS.
BUSHMASTER FIREARMS
INTERNATION AL, LLC a/k/a FREEDOM
GROUP, INC. a,4</a REMINGTON OUTDOOR
GROUP, INC, et al.
Defendants.

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Civil Action No.

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ì)ECLARATION OF JONATHAN P. WHITCOMB. ESO.

I, Jonathan P. Whitcomb, declare under penalty of perjury that the following is true and
correct:

1.

I

am a licensed practicing attomey in the State of Connecticut.

I

have been

retained by Defendants, Remington Arms Company, LLC and Remington Outdoor Company,
Inc. to defend them in the above-captioned lawsuit.

2.

I have been licensed to practice law in Connecticut since 1990. During that time, I

have represented parties

in

numerous personal injury and wrongful death actions filed in

Connecticut State courts and the United States District Court, District of Connecticut. In my
practice, I routinely provide to clients my evaÌuation of the potential monetary value of personal

injury and wrongful death claims in Connecticut courts.

3.

I have reviewed the allegations and claims made for personal injury and wrongful

death damages by the Plaintiffs in their Complaint in this case.

Case 3:15-cv-00068-RNC Document 1-4 Filed 01/14/15 Page 3 of 4

4.

Four of the Plaintiffs are the Estates of adults killed, with criminal intent, by

Adam Lanza in tïe December 14,2012 shooting at Sandy Hook Elementary School in Newtown,
Connecticut: Victoria Soto, Rachel D'Avino, Mary Sherlach and Lauren Rousseau. Each of the
Estates seeks recovety under the Connecticut Wrongful Death Act for their decedent's terror,
ante-mortem pain and suffering, destruction of the ability to enjoy life's activities, destruction

of

eaming capacity, death and funeral expenses. In my opinion, the moneta¡y value of each ofthese

wrongful death claims exceeds $75,000 in a Con¡ecticut court. In addition, the husband of Mary
Sherlach, William D. Sherlach, seeks to recover damages for the loss of his wife's society and

companionship. In my opinion, the monetary value of his damages likely exceeds $75,000 in a
Connecticut court.

5.

Five of the Plaintiffs are the Estates of children killed, with criminal intent, by

Adam Lanza in the December 14,2012 shooting at Sandy Hook Elementary School in Newtown,

Con¡ecticut: Dylan Hock-ley, Benjamin Wheeler, Jesse Lewis, and Noah Pozner. Each of the
Estates seeks recovery under the Connecticut Wrongful Death Act for their decedent's terror,
ante-mortem pain and suffedng, destruction ofthe ability to enjoy life's activities, destruction

of

earning capacity, death and funeral expenses. In my opinion, the monetary value ofeach ofthese

wrongfirl death claims exceeds $75,000 in

6.

a Connecticut court.

Plaintiff Natalie Hammond survived the criminal shooting by Adam Lanza, but

sustained "severe, permanent and painful [gunshot] injuries to her left calf, left foot, left thigh

and 1eft hand." She seeks recovery for terror, pain and suflèring, destruction of the ability to
enjoy life's activities, destruction of eaming capacity and medical expenses. In my opinion, the
monetary value ofher claim exceeds $75,000 in a Connecticut court.

2

Case 3:15-cv-00068-RNC Document 1-4 Filed 01/14/15 Page 4 of 4

I, Jonathan P. Whitcomb, declare under penalty of perjury under the laws of the United
States of America, and pursuant to 28 U.S.C.

Executed on,

t^u*y

/4,

$

1746,Íhat+he foregoing

and correct.

zots

(cT150i4)
One

Attomeys

Defendants,

Arms Company, LLC,
Outdoor Company, Inc.

Jonathan P. Whitcomb (CTl5014)

Diserio Martin O'Connor & Castiglioni LLP
One

Atla¡tic

Street

Stamford, Con¡ecticut 0690
(203) 3s8-0800
[e-mail]

1

J

and