RIVERA-CATELLANO v. KINKELA


2001 Mass. App. Div. 144 (2001)

Osvaldo Rivera-Catellano v. James A. Kinkela

Massachusetts Appellate Division, Northern District.

June 28, 2001.


Attorney(s) appearing for the Case

Michael C. Najjar for the plaintiff.

David W. Zizik for the defendant.

Present: Merrick, P.J., Greco & Wright, JJ.


Wright, J.

This is a Dist./Mun. Cts. R. A. D. A., Rule 8C, appeal of the entry of summary judgment for the defendant on the basis of the plaintiffs failure to satisfy the $2,000.00 tort threshold of G.L.c. 231, §6D. The sole issue presented for review is whether the cost of a G.L.c. 90, §34M independent medical examination ("IME") of the plaintiff, ordered by an insurer to evaluate the plaintiffs Personal Injury Protection ("PIP") benefits claim, can be...

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