Posner v. Minsky

This is an action of tort for personal injuries sustained by Lee Posner (hereinafter called the plaintiff) as a result of a motor vehicle accident. The declaration is in four counts. Count 1 is based on gross negligence; count 3 on ordinary negligence. In counts 2 and 4, Joseph Posner, the plaintiff’s husband, seeks consequential damages. These counts are likewise based on gross negligence and ordinary negligence, respectively. The plaintiff was a passenger in a car driven by the defendant’s testatrix.

The case was referred to an auditor, who found for the defendant on each of the counts.…