RAPAPORT v. POWER


1996 Mass. App. Div. 183 (1996)

Ruth Rapaport, and another v. Elizabeth Power

Massachusetts Appellate Division, Southern District.

November 6, 1996.


Attorney(s) appearing for the Case

Patrick J. Carver for the plaintiffs on appeal.

Christopher G. Timson for the defendant.

Present: Aguiar, P.J., Welsh & Crimmins, JJ.


Aguiar, J.

This appeal raises the issue of whether there was an abuse of discretion by the Court's denial of a motion to allow leave to assert a jury claim late when the attorney for the plaintiffs failed to claim a jury trial in a timely manner. We find there was no error.

This case involves a personal injury action in which the plaintiff, Ruth Rapaport, claims to have suffered a lower back and neck injury.

The case was tried before a judge in the...

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