Nugent v. Classic Car Corp.
Cases that cite this one
7 later published cases cite this decision.
- Richardson v. Matthews (District Court, D. Massachusetts 1995)
- Mitchell v. Hastings & Koch Enterprises, Inc. (Mass. App. Ct. 1995)
- Feltch v. General Rental Co. (Mass. 1981)
- Lanni v. O'Donnell (Massachusetts Superior Court 2004)
- Covell v. Olsen (Mass. App. Ct. 2006)
- St. Pierre v. Penske Truck Leasing Corp. (Massachusetts Superior Court 2001)
- Cheek v. Econo-Car Rental System of Boston, Inc. (Mass. 1985)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The plaintiff shall have a new trial against the defendant automobile dealer corporation. The trial judge directed a verdict for the corporation although its “dealer plates” were affixed to a motor vehicle which the jury found was negligently operated and caused the plaintiff’s injuries. The judge correctly ruled that G. L. c. 231, § 85A, created a prima facie case of control by the corporation over the operation of the vehicle only if the corporation owned the vehicle. G. L. c. 90, § 5. However, he erred in directing a verdict for the corporation. Although there was evidence which tended to show that the corporation had sold the vehicle before the accident, none of the evidence was binding on the plaintiff, and thus the issue of ownership (and control) was for the jury to decide.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.