Judge orders freeze of assets in Easthampton man’s wrongful death lawsuit

  • Gavel and scales Creatas

Staff Writer
Published: 8/12/2019 10:30:44 PM

SPRINGFIELD – A Hampden Superior Court judge has granted an injunction sought by the father of an Easthampton man who died in a tree-cutting incident last year.

Thirty-eight-year-old Thomas Moszynski, died after being struck in the head by a tree he was cutting down on Flat Hills Road in Amherst on Dec. 12, 2018.

Moszynski’s father, Andrew Moszynski, is suing Joseph Aimua, of Westfield, and his company, Joslad & Associates, P.C., for $5 million, as the personal representative for the estate of his son. The lawsuit alleges that the defendants’ negligence contributed to Thomas Moszynski’s death. Joslad & Associates, P.C. is listed as the owner of the property where the incident occurred, according to court documents.

In a ruling Friday in Hampden Superior Court, Judge Michael Callan, granted an injunction to freeze a number of Aimua’s assets, pending a full adjudication of the merits of the case.

In his ruling, Callan states that  “Moszynski has made out a plausible factually supported prima facie case which might result in a substantial verdict in favor of the plaintiff.”

He goes on to say that the court is concerned with the harm that has occurred in the last 60 days since the defendants were put on notice of the claims against them in June 2019.

“Since that time it is clear that the defendants, and possibly their agents, have engaged in a systematic, deliberate and now complete process of liquidating and hiding assets from Moszynski and this court,” Callan’s ruling states. “At the time of the initial notice of claim and demand letter the defendant corporation was solvent. Today it apparently has no assets having been stripped and divested of such assets in the interim by Mr. Aimua and his agents.”

The ruling orders Aimua, who is also known as Ebosole J. Aimua, and his company, to refrain from, “selling, transferring or alienating any real property of which they hold an actual or equitable interest or claim.”

It also orders the freeze of any funds derived from the sale of assets owned by the defendants since June 1 that remain in the name of the defendants or Dugubrown, LLC, including assets under the control of Florence Savings Bank. Additionally, it asks for the defendants to account for these assets to Moszynski by Aug. 31.

“We’re very pleased,” said Thomas Lesser, one of the lawyers representing Moszynski, on the ruling.

An attorney for Aimua did not return a request for comment.

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

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