Carnes v. Lumnah

The plaintiff, Frederick Carnes (“plaintiff’), brought this action against the defendant, Anne Lumnah (“defendant”), pursuant to Massachusetts General Laws. c. 231, §85A, a statute governing motor vehicle owner liability. In support of her motion for summary judgment, the defendant argues that her trailer is not a “motor vehicle” as defined by G.L.c. 90, §1, and, therefore, she cannot be held liable pursuant to G.L.c. 231, §85A. For the reasons set forth below, the defendant’s motion for summary judgment is DENIED.

BACKGROUND

On May 2, 2000, the plaintiff was allegedly injured when he was…