Massachusetts General Laws

Mass. Gen. Laws ch. 231, § 85L (2026)

Recovery of damages against operator of motor vehicle by guest; ordinary negligence

✓ current as of July 2026

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Section 85L. In an action of tort for personal injuries, property damage or consequential damages caused by or arising from the operation of a motor vehicle in which the plaintiff was a passenger in the exercise of due care, the plaintiff may recover in an action against the operator upon proof that said operator was guilty of ordinary negligence resulting in said injuries or damages.

Notes of Decisions

Cited in 6 cases, 1976–2005 · leading case: Malan v. Lewis, 693 P.2d 661 (Utah 1984).

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Malan v. Lewis, 693 P.2d 661 (Utah 1984). · cites it 2× “95 1/2, § 10-201 (Smith-Hurd 1971); Massachusetts' and Virginia's guest statutes allow a guest to recover for the host's ordinary negligence, Mass. Gen. Laws Ann. ch. 231, § 85L (West Supp.”

Saharceski v. Marcure, 366 N.E.2d 1245 (Mass. 1977). “865, § 1, inserting G. L. c. 231, § 85L), gross negligence had to be proved under the law of this Commonwealth for a guest to recover.”

Kolofsky v. Heath, 346 N.E.2d 863 (Mass. 1976). “The statute abolishing the rule, G. L. c. 231, § 85L, inserted by St. *857 1971, c.”

Milazzo v. Sentry Ins., 691 F. Supp. 517 (D. Mass. 1987). “The importance of the legal distinction between "guest occupant” and "non-guest” status was lessened for liability purposes in 1971, when an amendment to Mass.Gen.L. ch. 231, § 85L abolished the common law requirement that in order to recover guest occupants must show gross…”

Massachusetts Asset Fin. Corp. v. Harter, Secrest & Emery, LLP, 430 F.3d 59 (1st Cir. 2005). “…statute, the standard of care owed by drivers of motor vehicles to their passengers is that of ordinary negligence. Mass. Gen. Laws ch. 231, § 85L.”

Paduano v. Tefft, 351 N.E.2d 210 (Mass. 1976). “Heath, ante, 856 (1976), we held that the legislation abolishing the Wheatley rule and introducing a standard of ordinary negligence as to guest passengers (G. L. c. 231, § 85L, inserted by St. 1971, c.”

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