Lima v. Marshall

Agnes, Peter W., J.

Introduction

The plaintiff, Esmeralda Lima (hereinafter “Lima”), has filed this action seeking damages from the defendants, Jack C. Marshall (hereinafter “Marshall”) and Katherine M. Bourgeois (hereinafter “Bourgeois”), for injuries she alleges she sustained on February 1,2001 when Lima’s vehicle was rear-ended by Marshall who was driving Bourgeois’s vehicle.

Marshall and Bourgeois assert that Lima will be unable to meet the statutory requirements contained in G.L.c. 231, §6D; and therefore, pursuant to Mass.R.Civ.P. 56, they have filed a motion for summary judgment as to…