Frizzi v. DeMoulas Supermarkets, Inc.

This is an action in tort to recover for injuries sustained by the plaintiff when she was struck by a cart pushed by an employee in the defendant’s supermarket.

The trial court entered judgment for the plaintiff in the amount of $12,500.00. At issue on this appeal is the $3,188.04 in medical expenses included in the court’s award of damages which have been paid by the plaintiff’s health insurer, Blue Cross & Blue Shield of Massachusetts, Inc. (“Blue Cross”). Blue Cross holds a G.L.c. Ill, §70A lien in said amount on any recovery obtained by the plaintiff. Blue Cross is not a party to this…