Franco v. Kersten

This is a Dist./Mun. Cts. R. A. D. A. 8A expedited appeal by the defendant of the denial of her motion to alter or amend judgment to vacate an assessment of $430.50 in costs for the plaintiff. The defendant’s sole contention is that the plaintiff was not entitled to costs under G.L.c. 261, §1 and Mass. R. Civ. R, Rule 54(d),1 because she was not the “prevailing party” in this action. We disagree.

The record indicates that the plaintiff, Theresa Franco, filed this tort action after sustaining injuries as a pedestrian when she was struck by a vehicle negligently operated by the defendant, Mary…