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MURPHY v. BOHN

377 Mass. 544 (1979)

387 N.E.2d 119

JOHN J. MURPHY & another vs. FELIX J. BOHN & another.

Supreme Judicial Court of Massachusetts, Plymouth.

March 16, 1979.

Attorney(s) appearing for the Case

Marshall F. Newman for the plaintiffs.

Frederick C. Clifford, for the defendants, submitted a brief.

Present: HENNESSEY, C.J., BRAUCHER, KAPLAN, LIACOS, & ABRAMS, JJ.

LIACOS, J.

We are called on to resolve a single question here: Can an operator of a motorcycle, duly registered in this Commonwealth, as a matter of law, recover damages in tort for conscious pain and suffering, when he has neither incurred $500 in medical expenses nor suffered any of the five types of injury specified in G.L.c. 231, § 6D?1 We hold that he can.

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