Rivera-Catellano v. Kinkela

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 (TIP”) benefits claim, can be added to the total of the plaintiffs medical expenses for the purpose of arriving at the $2,000.00 statutory minimum.

The record indicates that on…