Bynoe v. Massachusetts Port Authority

This is a petition to establish a report, which this Division, after hearing counsel for both sides, referred to one of its members. That justice interviewed counsel and the trial judge, and has concluded the following:

The trial judge determined at a hearing on the first draft report that all the material evidence was not set out in the draft report and ordered changes and additions.

The petitioner did file an amended draft report which included evidence omitted from the first draft report, but failed to set out in full the material evidence as the trial judge had ordered.

The trial judge…