Kersmanc v. Lebeau

The plaintiff Kathleen M. Kersmanc and the defendant Brent A. Lebeau were involved in a motor vehicle accident on November 21,1992, at the intersection of Route 12 and Harrison Avenue in Auburn, Massachusetts. Kersmanc alleged that Lebeau was negligent; which Lebeau denied. He asserted that if negligent, he was not liable because Kersmanc’s negligence exceeded his own. After a bench trial in the Worcester *177District Court, judgment entered against Lebeau in the amount of $118,000.

Immediately prior to trial, Lebeau moved for a jury of six trial. He asserted that G.L.c. 218, §19A entitled him to…