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Photo of Massachusetts Unified County

Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2021-12-17
Status Open
Type Auto Surcharge Appeal
Docket 20 entries

Parties

Plaintiff Gushue, John J.
Defendant Commerce Insurance Company|Board Of Appeal On Motor Vehicle Liability Policies And Bonds

Lawyers

Docket Entries

  1. Complaint electronically filed.
  2. Civil action cover sheet filed.
  3. Service Returned for Defendant Board Of Appeal ON Motor Vehicle Liability Policies And Bonds: Service via certified mail; 12/28/21
  4. Docket Note: Transcript of Surcharge Appeal Hearing received
  5. ANSWER: Defendant Board Of Appeal ON Motor Vehicle Liability Policies And Bonds: Answer to original complaint;
  6. Service Returned for Defendant Commerce Insurance Company: Service through person in charge / agent; Mary Bielik, at 11 Gore Road, Webster, MA 01570
  7. APPEARANCE FILED BY Thomas P Brady, Esq., for Commerce Insurance Company
  8. ANSWER TO ORIGINAL COMPLAINT FILED by Thomas P. Brady, Esq., for Commerce Insurance Company
  9. ORDER: SCHEDULING ORDER issued by Pasquale, J. sent this date to JJG, TPB & DSM by SWN Judge: Pasquale, Hon. Gregg J
  10. Administrative record filed: Applies To: Board Of Appeal ON Motor Vehicle Liability Policies And Bonds (Defendant)
  11. Waiver of Oral Argument Applies To: Martland, Esq., Douglas Shreve (Attorney) on behalf of Board Of Appeal ON Motor Vehicle Liability Policies And Bonds (Defendant)
  12. Plaintiff John J. Gushue's Notice of service of plaintiff's amended motion for judgment on the pleadings
  13. Rule 9A list of documents filed.
  14. Plaintiff John J. Gushue's Motion for judgement on the pleadings
  15. Opposition to P#11.1 filed by Commerce Insurance Company
  16. Defendant Board Of Appeal ON Motor Vehicle Liability Policies And Bonds's Response to P#11.1
  17. Affidavit of compliance with Superior Court Rule 9A with an opposition and a response Applies To: Gushue, Esq., John Joseph (Attorney) on behalf of Gushue, John J. (Plaintiff)
  18. Notice to Appear for Hearing on Motion for Judgment on The Pleadings 8/16/2022 at 2:00pm. Copy mailed to JJG, TPB, DSM
  19. Hearing for Judgment on Pleading scheduled on 08/16/2022: Held - Under advisement Comments: 2nd Session: FTR (CMH) Appeared: Plaintiff - John Joseph Gushue, Esq. Defendant - Thomas P Brady, Esq.
  20. Endorsement on Motion for judgment on the pleadings MRCP 12(c) (#11.1): ALLOWED After hearing, the plaintiff's motion for judgment on the pleadings is Allowed. The boards finding of facts is not based anywhere on the record, namely, there is no evidence that the plaintiff was leaving or exiting from a parking lot, alley or driveway; that the defendant had any duty to stop immediately before a driveway or sidewalk; that the plaintiff crossed or entered an intersection; had a sufficient view or collided with another vehicle when it is clear that another vehicle collided with the plaintiff's vehicle. For these reasons, the Board's decision is not based on substantial evidence. Therefore, the Board's decision is set aside and the relief requested by the plaintiff is granted. Clerk's Notice emailed on 09/22/2022 to John Joseph Gushue, Esq., [email protected]; Thomas P Brady, Esq., [email protected]; Douglas Shreve Martland, Esq., [email protected]

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