Pinnick v. Cleary

360 Mass. 1, 271 N.E.2d 592 (1971)

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Nature of the Case

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Facts

Pinnick (P) was injured in an automobile accident. He claimed that the accident was caused by Cleary (D), who was negligent. P sued D in common law, seeking damages above and beyond what was allowed by the Massachusetts no-fault statute. D used the no-fault statute as an affirmative defense. P then brought a bill in equity to the Massachusetts Supreme Judicial Court, claiming that the statute unconstitutionally deprived him of 'his right to full recovery in tort.'