1. Home
  2. Browse Decisions
  3. Mass.
  4. 11 Mass.
  5. 11 Mass. App. Ct. 359 (1981)
 

ROBERT L. SULLIVAN, D.D.S., P.C. v. BIRMINGHAM

11 Mass. App. Ct. 359 (1981)

416 N.E.2d 528

ROBERT L. SULLIVAN, D.D.S., P.C., & another vs. BRIAN D. BIRMINGHAM A. RONALD GRIMM vs. THOMAS F. LARKIN, individually and as administrator.

Appeals Court of Massachusetts, Hampshire.

December 12, 1980.

February 13, 1981.

Attorney(s) appearing for the Case

Richard M. Howland for the plaintiffs.

Anthony Tarricone for Thomas F. Larkin.

Paul T. Ford for Brian D. Birmingham.

Present: GREANEY, ROSE, & PERRETTA, JJ.

PERRETTA, J.

Because these separate appeals from judgments of dismissal under Mass.R.Civ.P. 12(b)(6), 365 Mass. 755 (1974), present the identical issue, whether the wrongful inclusion of an ad damnum amount in a medical malpractice complaint2 gives rise to a cause of action by the health care provider, we treat them together. We affirm the judgments of dismissal.

The plaintiffs specifically alleged in their complaints that the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases