Rizzo v. Cotter

Williams, PJ.

The plaintiff, Brenda Rizzo (“Rizzo”), claims error by both the judge and the jury following an adverse verdict on her motor vehicle tort action. Rizzo contends that the judge should have allowed her deposition into evidence given her absence from trial, and that the jury erred in finding that the negligence of the defendant, Mary Jane Cotter (“Cotter”), did not cause Rizzo’s injuries. We find no error and dismiss the appeal.

Alleging injury from a 2001 motor vehicle accident in Brockton, Rizzo filed suit in 2004, by which time she had moved to Florida. Trial was originally set…