Mokosiej v. Cupidi

This is an appeal of the trial judge’s allowance of the defendant’s motion to dismiss under Massachusetts Rules of Civil Procedure, Rule 41(b), as well as the judge’s evidentiary ruling excluding certain testimony.

The facts and issues necessary for a resolution of this matter are as follows:

This is an action in tort in which Frank and Mary Makosiej (hereinafter, the appellant) are seeking damages for a fire which they allege was caused by Lawrence Cupidi’s (hereinafter, the appellee’s) improper storage of combustible materials.

After the close of plaintiff/appellant’s case, the Court allowed a…