RETURN DATE: DECEMBER 14, 2010 SUPERIOR COURT RORY MOODY : LD.OF NEWHAVEN Vs. AT NEW HAVEN WILLIAM G. TWYFORD, ALL ASPECTS OF CARPENTRY, SELECTIVE INSURANCE COMPANY OF SOUTH CAROLINA AND MIDDLE OAK INSURANCE COMPANY NOVEMBER 9, 2010 COMPLAINT ‘ount | (Declaratory Judgment as to Independent Contractor Status) 1, Atall times relevant hereto, the plaintiff, Rory Moody, was an individual residing at 16 Bradley Avenue in Branford, Connecticut. 2. Atal times relevant hereto, the defendant, William G. Twyford, was the owner and proprietor of All Aspects of Carpentry. Mr. Twyford was and is a resident of North Branford, Connecticut. 3. At all times relevant hereto, the defendant, All Aspects of Carpentry, was a carpentry, construction and remodeling service with a principal place of business at 85 Clear Lake Manor, North Branford, Connecticut. 4, At all times relevant, the defendant, Selective Insurance Company of South Carolina was the liability insurance carrier for All Aspects of Carpentry, and provided such coverage through a policy of insurance bearing policy number [MEN Upon information and belief, Selective Insurance Company of South Carolina is an interested party to this litigation. 5. At all times relevant, the defendant, Middle Oak Insurance Company was the homeowners insurance carrier for William G. Twyford, bearing policy numbers} LAW OFFICES OF KERRY M. GLEASON, LLC 43 TRUMBULL STREET NEW HAVEN, CONNECTICUT 06811 TELEPHONE: (203) 777.9990 FACSIMILE: (208) 777-848and 0006064065-7. Upon information and belief, Middle Oak Insurance Company is an interested party to this litigation. 6. At all times relevant, All Aspects of Carpentry was hired to perform roofing ‘work at 246-250 Meadow Street in Branford, Connecticut. 7. At some point thereafter, the defendant, Mr. Twyford asked the plaintiff to work with him on the roofing project. Mr. Twyford called the plaintiff as he had contracted with him in the past to work on other projects. At no point was the plaintiff informed that he was an employee, as he had always worked as an independent contractor in the past. 8. On January 7, 2010, at approximately 1:18 p.m., the plaintiéf was operating a device known as a “latavator”. Upon information and belief, the “latavator” came into close proximity to a high voltage overhead wire, Electricity arced out and was then conducted through the “latavator” causing the plaintiff severe personal injuries. 9. At the time of the accident, and at all times relevant hereto, the plaintiff was not an employee of Mr. Twyford, but was instead an independent contracior. 10. At all times prior to the accident, it was Mr. Twyford’s custom and practice to not officially hire employees. It was not until 2010 that due to loss of revenue, Mr. Twyford decided to begin hiring employees. 11. At the time of the accident, and at all times relevant hereto, Mr. Twyford had only ‘one employee, a Mr, Christopher Roberts. 12. Prior to the accident, Mr. Twyford was frequently absent from the job site, typically showing up later in the day at the close of business. 2 LAW OFFICES OF KERRY M. GLEASON, LLC 43 TRUMBULL STREET NEW HAVEN, CONNECTICUT 06511 TELEPHONE: (203) 777-9900 FACSIMILE: (200) 777-884813, At the time of the accident, and at all times relevant hereto, Mr. Twyford had no W2 forms or any other documentation evidencing an employer or employee relationship with the plaintiff. 14, At the time of the accident, and at all times relevant hereto, the plaintiff was under the impression that he would be paid by means other than a payroll draft. 15, On January 20, 2010, after the incident which gives rise to this lawsuit, a draft check from the account of All Aspects of Carpentry was given by Mr. Twyford to the plaintiff. This draft was not cashed. The draft did not have any withholdings taken out of it for state of federal taxes, workers compensation fees or other insurance. This attempt at payment does not conform with a payroll draft. 16. At no time prior to the accident was the plaintiff ever placed on the defendant's workers compensation insurance plan covering employees of All Aspects of Carpentry. 17. At all times relevant hereto, the plaintiff was never bound to exclusively work for Mr. Twyford in any way and in fact, had his own taxpayer/employer identification number and performed many carpentry jobs over the years either by himself under his own permits or as a subcontractor for companies other than All Aspects of Carpentry. 18. At all times relevant thereto, the plaintiff drove to and from work in his own work truck and used his own tools on this, and on all other, job sites. 19. There is an actual bona fide question in dispute or substantial uncertainty of legal relations which require settlement between the parties. 20. All persons having an interest in the subject matter of the complaint are parties to this action, 3 LAW OFFICES OF KERRY M. GLEASON, LLC 43 TRUMBULLSTREST NEW HAVEN, CONNECTICUT 06511 TELEPHONE: (203) 777.9900 FACSIMILE: (203) 777-8848PRAYER FOR RELIEF WHEREFORE, the plaintiff seeks: 1. A declaration stating that, based on the facts and circumstances then existing prior to the Janvary 7, 2010 accident that the plaintiff was an independent contractor and not an employee of All Aspects of Carpentry. FOR THE PLAINTIFF, RORY MOODY By __ Ka Law/Offices of Kerry M. Gleason, LLC 43 Trumbull Street New Haven, Connecticut 06511 203-777-9900 Juris No. 402884 4 LAW OFFICES OF KERRY M. GLEASON, LLC 48 TRUMBULL STREET NEWHAVEN, CONNECTICUT 06511 TELEPHONE: (203) 777-9900 FACSIMILE: (208) 717-8848,