
    William PITOCCHELLI vs. Edward P. CHAMPY and CHAMPY'S SERVICE TIRE and SUPPLY. INC. and Frances GRADZEWICZ
    No. 8737
    District Court Department Appellate Division/Northern District Trial Court of the Commonwealth of Massachusetts
    November 15, 1982
    
      Frank I. Pitoccheili, Esq., counsel for plaintiff.
    Paul Fulton, Esq., counsel for defendant. Champy, & Champy’s Service Tire.
    Jeremiah F. Morris, ‘Esq. counsel for defendant Frances Gradzewicz.
   OPINION

Banks, I.

This is a petition to establish the plaintiff’s draft report upon which no action was taken by the trial justice during the ninety-day period prescribed for the settlement of reports by Dist./Mun. Cts. R. Civ. P. 64(c) (5). See Moy v. McCain, Mass. App. Div. Adv. Sh. (1979) 227.

The plaintiff commenced this action in tort to recover damages for personal injuries he sustained when he was struck by a motor vehicle which was being backed off a service lift by defendant Edward P. Champy on the defendant’s business premises, Champy’s Service Tire and Supply, Inc. In entering judgment for the defendants, the trial court ruled that:

“the plaintiff did not meet the requirements of Chap. 231, Sec. 6n, M. G. L., in that he could not prove medical bills resulting from the accident of ' at least Five Hundred Dollars ($500.00).”

The plaintiff claims to be aggrieved, in the draft report at issue, by this ruling and by the court’s denial of certain related rulings of law requested by the plaintiff at the end of trial.

We express no opinion as to the merits of theplaintiff’s claim of error in the trial court’s rulings. We do conclude that the plaintiff’s draft report appears to present an issue of law for appellate consideration. Accordingly, the plaintiff’s petition to establish is allowed.

Elliot T. Cowdrey, P.J.

James B. Tiffany, J.

Richard L. Banks, J.

This certifies that this is the OPINION of the Appellate Division, in this cause.

Suzanne Hurley Clerk, Appellate Division  