Kraytsberg v. Kaplan

Plaintiffs Yuri Kraytsberg (“Kraytsberg”) and Renata Kuchinsky (“Kuchinsky”) filed this suit, pro se, against defendant Richard Kaplan (“Kaplan”) for personal injuries and property damage arising out of a motor vehicle accident on December 10, 2005. The suit was commenced on December 9, 2008, one day shy of the three-year statute of limitations. On March 23,2009, Kaplan filed a Mass. R. Civ. E, Rule 12(b) (6), motion to dismiss the personal injury portion of the plaintiffs’ complaint for failure to satisfy the so-called tort threshold for damages. G.L.c. 231, §6D. The motion was allowed, and…