Bayless v. TTS Trio Corp.

In this case, we are asked to determine whether an affidavit submitted pursuant to G. L. c. 231, § 60J (commonly referred to as the dram shop act), must be a sworn statement based upon personal knowledge. 4 Section 60J prescribes the procedural requirements applicable to “[e]very action for negligence in the distribution, sale or serving of alcoholic beverages to a minor or to an intoxicated person.” 5 Pursuant to § 60J, within ninety days of filing his or her complaint, a plaintiff must file an affidavit “setting forth sufficient facts to raise a legitimate question of liability appropriate…