Fosillo v. Matthews

In this action, tried before the court without a jury, the parties stipulated that the court determine the issues of liability only and further stipulated as to the amount of damages to be paid in the event plaintiff is found entitled to recover in either or both of the alleged causes of action.

On April 3, 1964 plaintiff’s intestate was a passenger in an automobile owned by the defendant Mary Matthews and being operated by the defendant Raffaella Matthews on the New York State Thruway. All of the parties were residents of the State of Massachusetts and the car was registered in Massachusetts.…