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BRODIE v. GARDNER PIERCE NURSING & REST HOME

9 Mass. App. Ct. 639 (1980)

403 N.E.2d 1184

ROSE BRODIE vs. GARDNER PIERCE NURSING AND REST HOME, INC.

Appeals Court of Massachusetts, Suffolk.

May 1, 1980.

Attorney(s) appearing for the Case

John G. Ryan for the defendant.

John E. Lecomte (Warren Brodie with him) for the plaintiff.

Present: BROWN, DREBEN, & KASS, JJ.

KASS, J.

Acting under Mass.R.Civ.P. 64, 365 Mass. 831 (1974), a Superior Court judge reported the following question relating to the jurisdiction of a medical malpractice tribunal acting under G.L.c. 231, § 60B, inserted by St. 1975, c. 362, § 5:

"Whether a count alleging that a patient resident in a nursing home was caused to slip and fall with resulting injuries as a result of the careless and...

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