Victum v. Martin

In this case we are called on to decide the narrow issue whether G. L. c. 231, § 6D, a section of the so called no-fault insurance act, imposes a new and higher degree of proof with respect to establishing that medical expenses for an inj'ury arising out of the operation, maintenance or use of a motor vehicle are “reasonable and necessary expenses incurred in treating such injury.” The relevance of this question bears on the plaintiff’s ability to recover for pain and suffering since § 6D precludes damages for pain and suffering unless, inter alla, necessary medical expenses “are determined…