LMR's Major PIP Appellate Victories

THE FIRST OF A SIX PART WEEKLY SERIES

ROBERT S. ALMEIDA, D.C. v. ENCOMPASS INSURANCE COMPANY OF MASSACHUSETTS

2017 Mass. App. Div. 96

https://www.masscasesarchive.com/masscases.com/cases/distapp/2017/2017massappdiv96.html

Representing a Massachusetts medical provider, Attorney Matthew T. LaMothe secured a significant victory for his client by securing a ruling that permitted his client to introduce its medical records without incurring the expense of appearing personally at trial. Matthew LaMothe successfully convinced the Appellate Division to overturn the lower court's dismissal of a Personal Injury Protection (PIP) benefits claim. The Court held that a medical provider need not incur the loss of time, expense and inconvenience of personally appearing at trial.

Effective Appellate Advocacy

The case reached the Appellate Division after a trial judge had directed a verdict in favor of Encompass Insurance. Attorney LaMothe demonstrated exceptional legal acumen by identifying and challenging two critical errors made by the trial court:

· The Evidentiary Rule: LaMothe argued persuasively that the trial judge erred in excluding medical records under G.L. c. 233, § 79G. He correctly maintained that the statute does not require a physician's certification to be sent to the opposition prior to trial, so long as the physician is present to certify them at the time of the offer of evidence.

The Result

Because of Attorney LaMothe’s diligent preparation and keen understanding of the General Laws of Massachusetts, the Appellate Division vacated the judgment for the defendant. His work ensured that his client received a fair opportunity to collect the insurance benefits owed for medical services, without any undue burden to that process, effectively vindicating the rights of medical providers under the PIP statute and subsequently securing a favorable settlement for the client.