ENTERPRISE RENT-A-CAR v. BIGELOW


2004 Mass. App. Div. 165 (2004)

Enterprise Rent-A-Car v. Eric S. Bigelow

Massachusetts Appellate Division, Southern District.

October 18, 2004.


Attorney(s) appearing for the Case

Jeffrey J. Hardiman for the plaintiff.

J. Gary Bennett for the defendant.

Present: Wheatley, P.J., Williams & Dawley, JJ.


Dawley, J.

The issue presented by this appeal, under Dist./Mun. Cts. R. A. D. A., Rule 8C, is whether the District Court erroneously denied the defendant's motion to vacate a default judgment. The parties have submitted a joint statement of the evidence. For the reasons stated below, the denial of the defendant's motion to vacate the default judgment is reversed.

On May 6, 2002, Eric S. Bigelow ("Bigelow") rented a car from Enterprise Rent-A-Car Company (...

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