Neil v. Whiting Milk Co.

These actions of tort for conscious pain and suffering and for wrongful death involved questions under the statute of limitations resembling those decided *306in Gaudette v. Webb, 362 Mass. 60 (1972). Judgments for the defendants were entered in 1971, and after the Gau-dette decision the plaintiff filed petitions to vacate the judgments under G. L. c. 250, §§ 15-20. We hold that the judge did not abuse his discretion in denying the petitions, and we overrule the plaintiffs exceptions to the denials. Mass. R. A. P., 1A, par. 7, 365 Mass. 845 (1974).

The actions arose out of an automobile accident…