Legal Opinion

Excel Physical Therapy, Inc. v. Enterprise Rent-A-Car Co. of Boston, Inc.

Massachusetts District Court, Appellate Division

Decided July 17, 2012PublishedCited by 1 opinion

1Opinion of the Court

Greco, PJ.

The defendant, Enterprise Rent-A-Car Company of Boston, Inc. (“Enterprise”), has appealed the judgment entered in favor of the plaintiff, Excel Physical Therapy (“Excel”), after a jury-waived trial. Enterprise argues on appeal that the trial judge erred in awarding G.L.c. 90, §34M personal injury protection (“PIP”) benefits to Excel on the grounds that Excel’s bills for services were not presented to Enterprise in a timely manner, and that, in any event, the records relied upon by Excel were not sufficient to warrant a finding in its favor. Enterprise also argues that no money was…

2Cases cited9 opinions

  1. Fascione v. CNA Insurance CompaniesMassachusetts Supreme Judicial Court · 2001
  2. Commonwealth v. StewartMassachusetts Supreme Judicial Court · 1986
  3. Fitchburg Savings Bank v. Massachusetts Bonding & InsuranceMassachusetts Supreme Judicial Court · 1931
  4. Brito v. Liberty Mutual InsuranceMassachusetts Appeals Court · 1997
  5. Ortiz v. SteinMassachusetts Appeals Court · 1991

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3Cited by1 opinion

  1. Barron Chiropractic & Rehabilitation, P.C. v. Norfolk & Dedham GroupMassachusetts District Court, Appellate Division · 2013

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