Pinnick v. Cleary,

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

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.'