Mallegol v. Divino

This is an action in negligence to recover damages for personal injuries sustained in a motor vehicle accident in Concord, Massachusetts on March 13, 2003. The case was tried before a jury which returned a verdict in the amount of $21,000.00 for the plaintiff. The defendants filed a motion for a remittitur to reduce the verdict by the sum of $8,000.00. There were $9,352.95 in medical expenses established pursuant to G.L.c. 233, §79G. The trial judge allowed $4,000.00 by way of an off-set for Personal Injury Protection (“PIP”) payments. The defendants challenge the amount of that off-set on…