Phelps v. MacIntyre

This case, which arose out of an ordinary intersection accident in Foxborough between two Massachusetts motor vehicles, presents issues concerned solely with the limitation on plaintiffs’ rights to recover damages for pain and suffering expressed in G. L. c. 231, § 6D (1984 ed.). The plaintiff sought to rely on the “permanent and serious disfigurement” exception to the limitation on recovery for pain and suffering, but the jury found that the plaintiff’s scars above the hairline were not a “permanent and serious disfigurement.” The jury found additionally, however, that the plaintiff incurred…