Bruno v. Seymoure

This is an action of tort for property damage resulting from the collision of the plaintiffs motor vehicle with that of the defendant. The parties reside in this Commonwealth; the accident occurred here; and both vehicles were insured under the provisions of G. L. c. 90, § 340, introduced by St. 1971, c. 978, § 1 (effective January 1, 1972) as amended by St. 1971, c. 1079, §§ 2 and 3. Under the statute each insured owner is exempt from tort liability for damage to the other’s vehicle. The trial court sustained the defendant’s “plea in abatement” based upon this statutory exemption. The case…