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PHELPS v. MacINTYRE

397 Mass. 459 (1986)

491 N.E.2d 1067

MARY E. PHELPS vs. JEANINE L. MacINTYRE.

Supreme Judicial Court of Massachusetts, Norfolk.

April 29, 1986.

Attorney(s) appearing for the Case

W. Paul Needham (Ethan Warren with him) for the defendant.

Herbert D. Lewis (Elizabeth Lewis with him) for the plaintiff.

Present: HENNESSEY, C.J., WILKINS, NOLAN, LYNCH, & O'CONNOR, JJ.

WILKINS, J.

This case, which arose out of an ordinary intersection accident in Foxborough between two Massachusetts motor vehicles, presents issues concerned solely with the limitation on plaintiffs' rights to recover damages for pain and suffering expressed in G.L.c. 231, § 6D (1984 ed.).1 The plaintiff sought to rely on the "permanent and serious disfigurement" exception to the limitation on recovery for pain and suffering, but...

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