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WOODBRIDGE v. WORCESTER STATE HOSPITAL

384 Mass. 38 (1981)

423 N.E.2d 782

FRANCIS WOODBRIDGE, SR., conservator, vs. WORCESTER STATE HOSPITAL & another.

Supreme Judicial Court of Massachusetts, Worcester.

July 9, 1981.

Attorney(s) appearing for the Case

Michael N. Abodeely, Jr., for the plaintiff.

Nicholas P. Arenella, Assistant Attorney General (Jonathan Brant, Special Assistant Attorney General, with him) for the defendants.

Present: HENNESSEY, C.J., BRAUCHER, WILKINS, LIACOS, & NOLAN, JJ.

NOLAN, J.

The plaintiff appeals from the dismissal of a tort action brought against the Commonwealth and Worcester State Hospital (hospital).3 The sole question raised is whether, by the enactment of G.L.c. 123, § 23, inserted by St. 1970, c. 888, § 4, which enunciates certain rights of patients in the care of the Department of Mental Health (department), the Commonwealth has consented...

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