Lawsuit alleges Bertucci’s responsible in man’s 2016 overdose death

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Staff Writer
Published: 12/10/2018 10:14:00 PM

NORTHAMPTON — The mother of a man who died of a drug overdose at the former Bertucci’s restaurant in Amherst in 2016 is suing the company, alleging an employee neglected to check the restrooms at closing where the man remained overnight and lost any chance of medical intervention.

The lawsuit was filed in Hampshire Superior Court on Monday by Mary Lou Madigan, the mother and representative of the estate of 32-year-old Adam Gamble, of Amherst, who died at Bertucci’s on the night of Jan. 11, 2016. The lawsuit seeks to recover unspecified damages from Bertucci’s, which closed its restaurant at 51 East Pleasant St. in Amherst in April as part of a bankruptcy filing.

The lawsuit alleges that an employee of Bertucci’s noticed Gamble go into a restroom at around 9:30 p.m. on the night he died. At around 10:28 p.m. the same employee allegedly tried to use the men’s bathroom stall, and found its door locked. The employee could see Gamble’s jeans and red sneakers and that Gamble was seated on the toilet through the small spaces in the stall, according to the lawsuit. The employee allegedly did not knock on the stall or check to see if Gamble was OK.

No employee of Bertucci’s or any other employee checked the bathroom before locking up, according to the lawsuit, and Gamble was left there overnight, where he died of a drug overdose, the lawsuit states.

The next morning, Jan. 12, the same employee from the night before allegedly went into the bathroom at the start of his shift to clean it, and noticed the red sneakers. He allegedly cleaned the rest of the bathroom and then departed to do cleaning elsewhere, before returning three and a half hours later to use the facilities, noticing the sneakers as the same sneakers from the previous night. The employee reported this to another employee at about 1 p.m., the lawsuit alleges, after which the police were called.

The lawsuit alleges Bertucci’s and its employees failed to check the restrooms and follow proper closing procedures, resulting in authorities not being called to the scene and Gamble losing any chance of life-saving medical intervention.

Madigan and her attorney, Kevin Chrisanthopoulos, of Westfield, declined to comment for this story. Attempts to reach Bertucci’s representatives for comment were unsuccessful Monday.

Bera Dunau can be reached at bdunau@gazettenet.com.


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