(DOWNLOAD) "Mary E. Phelps v. Jeanine L. Macintyre" by Supreme Judicial Court of Massachusetts ~ eBook PDF Kindle ePub Free
eBook details
- Title: Mary E. Phelps v. Jeanine L. Macintyre
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 29, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Although the plaintiff's answers to interrogatories in a motor vehicle personal injury tort action did not establish that her medical expenses had exceeded the $500 required to recover damages for pain and suffering under G. L. c. 231, § 6D, the Judge did not err in denying the defendant's motion for summary judgment, where the facts before the motion Judge did not clearly preclude the possibility that the plaintiff might incur additional medical expenses before trial raising the total above $500, and where the defendant had failed to move for partial summary judgment specifically on the medical expenses threshold issue. [461] At the trial of a motor vehicle tort action to recover damages for pain and suffering under the no-fault insurance law, it was within the Judge's discretion to admit an itemized bill from a private ambulance company as tending to prove the necessary, fair, and reasonable charge for transporting the plaintiff to a hospital, where the defendant's objection to the evidence was not based on prejudice or unfair surprise, but was limited solely to the failure of a bill from a private ambulance service to fall within the express provisions of G. L. c. 233, § 79G. [462-463]