UNITED STATES DISTRICT
DISTRICT OF MASSACHUSETTS

SUNIL EAPPEN, as administrator of
the estate of MATTHEW EAPPEN,

Plaintiff,

V.

LOUISE WOODWARD,

Defendant.

1. This is a civil action brought by Sunil Eappen, in his capacity as administrator of the estate of his deceased son, Matthew Eappen, to recover for the conscious suffering and wrongful death of Matthew Eappen caused by his caregiver, Louise Woodward. The claims are brought under Massachusetts General Laws Chapter 229, Sections 2 and 6, and seek compensatory and punitive damages.

2.Jurisdiction is conveyed upon this Court by 28 U.S.C. Section 1332 (a)(2).

3. Plaintiff Sunil Eappen ("Plaintiff") is the administrator of the estate of Matthew Eappen. Plaintiff resides in Newton, Massachusetts. Plaintiff brings this action on behalf of the next of kin and the estate of Matthew Eappen.

4. Prior to his death on February 9, 1997, at the age of eight months, Matthew Eappen ("Matthew") was a resident of Newton. Matthew's next of kin are his father, Sunil Eappen; his mother, Deborah Eappen; and his brother, Brendan Eappen.

5. Defendant Louise Woodward ("Defendant") is a resident of Elton, in Cheshire, England. Defendant entered the United States in or about June 1996, pursuant to a "J-1" cultural exchange visa. She currently maintains a temporary residence in Marblehead, Massachusetts.

6. Defendant was a participant in an au pair placement program sponsored by E.F. Au Pair, a division of EF Educational Foundation for Foreign Study, Inc. ("EF Au Pair").

7. In or about November 1996, EF Au Pair placed Defendant with Plaintiffs family.

8. As an au pair, Defendant's responsibilities included the care of Matthew and his brother, Brendan.

9. On or about February 4, 1997, Defendant handled Matthew roughly, inflicting serious bodily injuries which resulted in Matthew's death.

10. On or about November 10, 1997, Defendant was convicted of manslaughter in the death of Matthew Eappen.

11. On or about June 15, 1998, Defendant's conviction was affirmed by the Supreme Judicial Court of Massachusetts.

12. Plaintiff incorporates the allegations made in paragraphs 1 through 10 above, as if stated herein.

13. Defendant's conduct in caring for Matthew constituted willful, wanton or reckless conduct.

14. Defendant's willful, wanton or reckless conduct directly and proximately caused the death of Matthew under such circumstances that Matthew could have recovered damages for personal injuries if his death had not resulted.

15. Pursuant to Massachusetts law, Matthew's next of kin are entitled as damages to the fair monetary value of Matthew, including, but not limited to, compensation for the loss of the reasonably expected net income, services, protection, care, assistance, society, companionship, comfort, guidance, counsel, and advice.

16. Pursuant to Massachusetts law, Matthew's estate is entitled to punitive damages in an amount no less than five thousand dollars.

17. Pursuant to Massachusetts law, Matthew's estate is entitled to punitive damages in an amount no less than five thousand dollars.

WHEREFORE, Plaintiff in his representative capacity, requests judgment in his favor as follows:

a. For compensatory damages in an amount in excess of seventy-five thousand dollars, exclusive of interest and costs;

b. For punitive damages as allowed by law; and

c. For such other damages and relief as the Court may deem appropriate.

17. Plaintiff incorporates the allegations made in paragraph 1 through 16 above, as if stated herein.

18. As the direct and proximate result of the serious bodily injuries to Matthew caused by Defendant, Matthew was caused to suffer consciously from the time he was injured until his death.

19. Pursuant to Massachusetts law, Matthew's estate is entitled to damages for conscious suffering resulting from such serious bodily injuries.

WHEREFORE Plaintiff, in his representative capacity, requests judgment in his favor as follows:

a. For general and compensatory damages in an amount in excess of seventy-five thousand dollars, exclusive of interest and costs;

b. For such other relief as the Court may deem appropriate.

Respectfully submitted,
For Plaintiff Sunil Eappen

Frederic L. Ellis, BBO # 542075
Edward D. Rapacki, BB0 # 411910
Edward A. Broderick, BBO # 566826
Ellis & Rapacki
85 Merrimac Street, Suite 300
Boston, MA 02114
(617) 523-4800

Edward C. Bassett, Jr., BBO #033O60
Mirick, O'Connell, DeMallie & Lougee, LLP
1700 BankBoston Tower
100 Front Street
Worcester, MA 01608-1477
(508) 791-8500

Date: June 16, 1998