Almanzar v. Rivera

The defendant was defaulted, pursuant to Mass. R. Civ. P., Rule 33, for failing to answer interrogatories. The plaintiffs thereafter requested a hearing to assess damages. On the day of the scheduled hearing, the defendant called the motion judge’s attention to the demand for a jury trial he made in connection with his answer to the plaintiffs’ complaint, and asserted his right to a jury trial on the question of damages. The motion judge denied the defendant’s request. The judge assessed damages, judgment was entered and the defendant timely filed this Dist./Mun. Cts. R. A. D. A., Rule 8A,…