Orszulak v. Bujnevicie
| Decision Date | 06 January 1969 |
| Citation | 355 Mass. 157,243 N.E.2d 897 |
| Parties | John ORSZULAK et al. v. Richard BUJNEVICIE. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Socrates Geanacopoulos, Springfield, for plaintiffs.
Philip A. Brooks, Springfield, for defendant.
Before WILKINS, C.J., and WHITTEMORE, MORE, CUTTER, KIRK, and SPIEGEL, JJ.
This is an action of tort for personal injuries sustained by John Orszulak, the minor plaintiff, and for consequential damages of his mother as a result of a motor vehicle accident. The accident occurred while the operator of the automobile in which John was a passenger was allegedly 'racing' with the automobile of the defendant. The case was submitted to the jury and a verdict was returned for the plaintiff John, in the sum of $7,500 and a verdict was returned for his mother, in the sum of $500. The case is here on the plaintiffs' exceptions to the entry of verdicts for the defendant in accordance with leave reserved.
We summarize the evidence most favorable to the plaintiffs. Prior to the accident John and one Richard Grigas were leaving a restaurant in Ware when they observed the defendant drive by in his automobile with a female passenger, both of whom John and Grigas knew. When they saw the defendant's automobile turn onto North Street, Grigas drove up North Street past a trailer park where the girl in the defendant's automobile lived. They observed the defendant's automobile, with the defendant and the girl in it, parked fifteen or twenty yards off the road. 'Grigas slowed down as they went past the trailer park, turned around and came back, then stopped, and was staring at the defendant's car; the defendant looked back at them and then Grigas drove away,' proceeding up Highland Street. When he stopped prior to entering Church Street, they noticed the defendant's automobile 'coming up the hill about a hundred yards behind them.' Grigas made a right turn and started down Church Street. As Grigas and John were traveling along Church Street, the defendant came up behind them and started to pass. 'When he started to pass, Grigas floored his car, stepped on the gas, and tried to top him, so * * * (the defendant) passed as we come down Church Street.' The two cars were traveling at about seventy miles an hour on Church Street. After both automobiles had turned onto West Main Street the speed of the defendant's automobile increased and Grigas started to pass it. After they had passed the defendant's automobile, 'they came to a sharp corner which they...
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