Distefano v. Jovet

This is a motor vehicle tort action in which, after a jury trial, judgment was entered for the plaintiff. The sole issue on this appeal is the propriety of the trial courts denial of the defendants Mass. R. Civ. E, Rule 59, motion to alter or amend judgment that sought to reduce the damages awarded by the amount of personal injury protection (“PIP”) insurance benefits paid to the plaintiff by his own insurer. There was no abuse of discretion in the denial of the defendants motion. Molloy v. Massachusetts Mtge. Corp., 1998 Mass. App. Div. 3, 5, citing Galvin v. Welsh Mfg. Co., 382 Mass. 340,…