Briggs v. Carol Cars, Inc.

This is the defendant’s appeal from a judgment for the plaintiff entered in the Superior Court following a jury-waived trial. We transferred the case here on our own initiative. The dispute arises out of a sale by the defendant to the plaintiff of a used automobile which, the plaintiff contends, was defective. By her amended complaint, the plaintiff asserts numerous claims, only two of which we need to discuss in order to decide the case. Those two claims allege violations of G. L. c. 231, § 85J (1988 ed.), and c. 93A, § 9 (1988 ed.). The judge awarded damages on the claim under c. 231, §…