CHEEK v. ECONO-CAR RENTAL SYS. OF BOSTON INC


1984 Mass. App. Div. 63 (1984)

Phyllis Cheek vs. Econo-Car Rental System of Boston, Inc.

Massachusetts Appellate Division, Municipal Court.

February 28, 1984.


Attorney(s) appearing for the Case

Winston Kendall for the plaintiff.

Frank Handy, Jr. for the defendant.

Present: Grabau, Donovan & O'Toole, JJ.


O'Toole, J.

The plaintiff was injured in an automobile accident that occurred when she was a passenger in a car owned by the defendant and driven by a third person. The sole issue presented by this appeal is whether the trial judge correctly declined to rule, as requested by the plaintiff, the defendant was legally responsible for the conduct of the driver of the automobile by reason of the presumption set forth in G.L.c. 231, § 85A. There was no error.

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