REZENDES v. FLANDERS


1982 Mass. App. Div. 188 (1982)

James Rezendes vs. Bruce A. Flanders and another

Massachusetts Appellate Division, Southern District.

July 27, 1982.


Attorney(s) appearing for the Case

Brian R. Corey for the plaintiff.

Thomas F. McGuire for the defendant.

Present: Rider, P.J., Welsh & Silva, JJ.


Welsh, J.

This is a civil action sounding in tort for property damage to the plaintiff's vehicle caused by the negligence of the defendant. The answer raises, inter alia, the affirmative defense of payment in the sum of $2,500.00.

The case was tried principally on the question of damages; all other defenses were waived at trial.

The court made a finding for the plaintiff and ordered judgment, as follows: "Judgment shall enter for the plaintiff...

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