DUMES v. GENEST

No. 89-P-699.

30 Mass. App. Ct. 379 (1991)

568 N.E.2d 1179

GREGORY DUMES & others vs. DAVID GENEST & others.

Appeals Court of Massachusetts, Bristol.

March 29, 1991.


Attorney(s) appearing for the Case

James A.G. Hamilton for the plaintiffs.

Robert P. Powers (Joseph P. Musacchio with him) for the defendants.

Present: ARMSTRONG, KAPLAN, & GILLERMAN, JJ.


ARMSTRONG, J.

The plaintiffs appeal from a judgment of dismissal entered for all the defendants after a medical malpractice tribunal, convened pursuant to G.L.c. 231, § 60B, found (paraphrasing the conclusory words of the statute) "[t]hat the evidence is not properly substantiated and not sufficient to raise a legitimate question of liability appropriate for judicial inquiry and the [plaintiffs'] action is merely an unfortunate medical result." The minor plaintiff...

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