Monday, November 11, 2013

Pinnick v. Cleary case brief

Pinnick v. Cleary case brief summary
271 N.E.2d 592 (Mass. 1971)


CASE SYNOPSIS
Plaintiff claimant filed a bill for declaratory relief attacking the constitutionality of 1970 Mass. Acts 670 (no-fault automobile insurance law), which established a modified system of compensation through their own insurers for victims of automobile accidents regardless of fault.

CASE FACTS


  • The claimant and defendant driver were involved in an automobile accident that was caused exclusively by the driver's negligence. 
  • The claimant brought an action against the driver for reasonable compensation for medical expenses, pain and suffering, and lost wages. 
  • The driver refused payment and, as a defense, raised the no-fault automobile insurance law, which had become effective two days prior to the accident. 
  • The no-fault automobile insurance law exempted the driver from liability up to $ 2,000 to the extent the claimant was entitled to personal injury protection from his own insurer. 
  • As a result, the claimant brought the bill for declaratory relief, claiming the operation of the no-fault automobile insurance law unconstitutionally deprived him of his right to full recovery in tort. 
DISCUSSION
The court held the no-fault automobile insurance law was constitutional because it bore a reasonable relation to a permissible legislative objective and it provided an adequate and reasonable substitute for preexisting rights.


CONCLUSION


The court entered a decree declaring the no-fault automobile insurance law constitutional because it bore a reasonable relation to the permissible legislative objective of relieving court congestion and the high cost of automobile insurance, and it provided an adequate and reasonable substitute for preexisting rights.

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