DeSimone v. Turmel

Mass. Dist. Ct., App. Div.

DeSimone v. Turmel

56 Mass. App. Dec. 117

CourtMassachusetts District Court, Appellate Division

DecidedAugust 22, 1975

DocketNo. 8145; No.: 588

StatusPublished

This text of 56 Mass. App. Dec. 117 (DeSimone v. Turmel) is published on Counsel Stack Legal Research, covering Massachusetts District Court, Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

DeSimone v. Turmel, 56 Mass. App. Dec. 117 (Mass. Ct. App. 1975).

Pincite

Opinion

Cowdrey, P.J.

This case presents only the question of law as to whether the plaintiff being a nonresident and not covered by "no fault” benefits, and who did not meet the criteria set forth in G. L., c. 231, §6D, is precluded from recovering damages for pain and suffering.

The Supreme Judicial Court in the case of Cyr v. Farias, 1975 AS 1508 has answered the question in the affirmative.

The report submitted to this Division is on a "Case Stated” wherein it is established that the defendant’s negligence caused the plaintiff’s injuries, that the [118]*118plaintiff was not contributorily negligent and that as a result of his injuries the plaintiff incurred medical expenses in the amount of $45.00 and a wage loss of $160.00.

While the plaintiff is not entitled to recover for pain and suffering he is entitled to recover his medical expenses and loss of wages. Cyr v. Farias, 1975 AS 1508. Therefore, a finding is to be entered for the plaintiff in the amount of $205.00 and the report dismissed.

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Cowdrey, P.J.

This case presents only the question of law as to whether the plaintiff being a nonresident and not covered by "no fault” benefits, and who did not meet the criteria set forth in G. L., c. 231, §6D, is precluded from recovering damages for pain and suffering.

The Supreme Judicial Court in the case of Cyr v. Farias, 1975 AS 1508 has answered the question in the affirmative.

The report submitted to this Division is on a "Case Stated” wherein it is established that the defendant’s negligence caused the plaintiff’s injuries, that the [118]*118plaintiff was not contributorily negligent and that as a result of his injuries the plaintiff incurred medical expenses in the amount of $45.00 and a wage loss of $160.00.

While the plaintiff is not entitled to recover for pain and suffering he is entitled to recover his medical expenses and loss of wages. Cyr v. Farias, 1975 AS 1508. Therefore, a finding is to be entered for the plaintiff in the amount of $205.00 and the report dismissed.

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Bluebook (online)

56 Mass. App. Dec. 117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/desimone-v-turmel-massdistctapp-1975.