FIGUEREO v. VALVERDE


2002 Mass. App. Div. 6 (2002)

Roxanna Figuereo v. Neila Valverde

Massachusetts Appellate Division, Northern District.

January 7, 2002.


Attorney(s) appearing for the Case

Guy Tulchinsky for the plaintiff.

Harvey Peters for the defendant.

Present: Coven, Curtin & Wright, JJ.


Coven, J.

The sole issue presented in this Dist./Mun. Cts. R. A. D. A., Rule 8B, appeal by the plaintiff is whether the trial judge erred in reducing the plaintiff's motor vehicle tort recovery by $2,000.00 in Personal Injury Protection ("PIP") benefits despite evidence that her insurer refused to pay those benefits.

After a jury verdict was returned in the plaintiff's favor for $5,000.00, the defendant immediately presented the trial judge with a motion to...

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