Advanced Spine Centers, Inc. v. Safety Insurance

Luz Quintana (“Luz”)2 was injured in an accident while a passenger in a car owned by Lucia Quintana (“Lucia”). Luz’s treating chiropractor, Advanced Spine Centers, Inc., d/b/a First Spine & Rehab (“Advanced Spine”), as an unpaid party, sued Lucia’s insurer, Safety Insurance Company (“Safety”), for personal injury protection (“PIP”) benefits under G.L.c. 90, §34M. Safety raised Luz’s noncooperation as an affirmative defense. A jury found in favor of Safety, and Advanced Spine appeals from that verdict,3 claiming that the trial court erred in denying its motion for a directed verdict as to…