Edmond v. Phillips

The plaintiff obtained a jury verdict in her favor in the amount of $5,000.00 in this motor vehicle tort action. The plaintiff had introduced, pursuant to G.L.c. 233, §79G, bills for medical expenses totaling $10,044.86, and after the verdict had moved for an additur or new trial pursuant to Mass. R. Civ. R, Rule 59. The defendant moved, also pursuant to Rule 59, for a “PIP offset,” that is, to have the amount of the verdict reduced by the $8,000.00 in personal injury protection (“PIP”) insurance benefits that had been paid to the plaintiff. Both motions were denied.

The defendant has appealed…