SMITH v. STEINBERG


395 Mass. 666 (1985)

481 N.E.2d 1344

GARY B. SMITH, administrator, & another vs. GERALD G. STEINBERG.

Supreme Judicial Court of Massachusetts, Middlesex.

August 15, 1985.


Attorney(s) appearing for the Case

David M. Gould (Richard A. Zucker with him) for the defendant.

Paul R. Sugarman (Susan A. Strauss with him) for the plaintiff.

William E. Searson, III, for University of Massachusetts, amicus curiae, submitted a brief.

Present: WILKINS, LIACOS, ABRAMS, LYNCH, & O'CONNOR, JJ.


WILKINS, J.

The defendant, an orthopedic surgeon, contends that his motion for summary judgment in this medical malpractice action should have been allowed because, as a member of the University of Massachusetts Medical School group practice, he is a "public employee" immune from liability under § 2 of G.L.c. 258 (1984 ed.) (the Massachusetts Tort Claims Act). The judge who denied the defendant's motion for summary...

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