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PINNICK v. CLEARY

360 Mass. 1 (1971)

271 N.E.2d 592

MILTON PINNICK vs. CARL CLEARY.

Supreme Judicial Court of Massachusetts, Suffolk.

June 29, 1971.

Attorney(s) appearing for the Case

Frederick S. Pillsbury (Alexander J. Cella & Robert Cohen with him) for the plaintiff.

Herbert P. Wilkins (Donald H. Carvin, Jeffrey Swope & Acheson H. Callaghan, Jr., with him) for the defendant.

Walter H. Mayo, III, Assistant Attorney General (James P. Kiernan, Assistant Attorney General, with him) for the Attorney General.

John G. Ryan for The Massachusetts Association of Independent Insurance Agents & Brokers, Inc.; Richard K. Donahue & Richard N. Pearson for Massachusetts Bar Association; Richard M. Markus of Ohio, & William Schwartz for American Trial Lawyers Association; Paul A. Tamburello for American Trial Lawyers Association Massachusetts Chapter, Inc.; and Archibald Cox & Philip B. Heymann for American Mutual Insurance Alliance and American Insurance Association, amici curiae, submitted briefs.

Present: TAURO, C.J., SPALDING, CUTTER, SPIEGEL, REARDON, QUIRICO, & BRAUCHER, JJ.

REARDON, J.

This bill for declaratory relief comes to us on a reservation and report from the single justice. It presents a multifaceted attack on the constitutionality of St. 1970, c. 670, which amends in part chapters 90, 175, and 231 of the General Laws, and which establishes a modified system of compensation through their own insurers for victims of automobile accidents regardless of fault.1

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