DIAZ v. CRUZ

No. 09-P-286.

76 Mass. App. Ct. 773 (2010)

NORA DIAZ v. BRUNA A. CRUZ & others.

Appeals Court of Massachusetts, Suffolk.

May 21, 2010.


Attorney(s) appearing for the Case

John D. Curran for Bruna A. Cruz.

George F. Leahy for the plaintiff.

Present: KANTROWITZ, DREBEN, & RUBIN, JJ.


RUBIN, J.

This case began as a negligence action in the Suffolk Superior Court. A jury trial resulted in a verdict for the defendant, but the judge granted a new trial. On the eve of retrial, the parties entered an agreement for binding arbitration. That agreement was silent with respect to preaward interest should the defendant be found liable in arbitration which it was. At argument before us, counsel for both parties agreed that the plaintiff orally asked the arbitrator...

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