Massachusetts Appeals Court November 19, 1991, No. 90-P-78 (Curtis v. JJ. Duffy Adjustment Service, Inc.)

On May 29, 1984, the plaintiff, Talitha Ann Curtis, while riding a bicycle, was struck by an automobile operated by Toni A. Heikkila. On May 21, 1987, the plaintiff brought an action against Heikkila for criminally negligent driving (count I), against John Garofalo, the owner of the automobile that Heikkila was operating (count I), and against General Accident Insurance Co.