WEST v. SHAWMUT DESIGN & CONSTRUCTION

No. 94-P-819.

39 Mass. App. Ct. 247 (1995)

RONALD T. WEST vs. SHAWMUT DESIGN & CONSTRUCTION.

Appeals Court of Massachusetts, Suffolk.

September 19, 1995.


Attorney(s) appearing for the Case

Chester L. Tennyson, Jr., for the plaintiff.

William A. Bolton for the defendant.

Present: DREBEN, GILLERMAN, & PORADA, JJ.


DREBEN, J.

The plaintiff appeals from a judgment in his favor of $116,000 claiming that the trial judge abused his discretion in denying the plaintiff's motion in limine to preclude evidence that he was receiving collateral source income and in refusing to instruct the jury that such income had to be repaid. We conclude that, even if the judge did not abuse his discretion in admitting the evidence of collateral source income, he should have instructed that the money...

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