JASPER v. TOMAIOLO


20 Mass. App. Ct. 201 (1985)

479 N.E.2d 705

JAMES M. JASPER & another vs. PETER P. TOMAIOLO.

Appeals Court of Massachusetts, Worcester.

June 13, 1985.


Attorney(s) appearing for the Case

Robert V. Deiana for the defendant.

John F. Keenan (Hugh B. O'Malley with him) for the plaintiffs.

Present: DREBEN, KAPLAN, & WARNER, JJ.


DREBEN, J.

At the medical malpractice tribunal convened pursuant to G.L.c. 231, § 60B, the plaintiffs' offer of proof included partial transcripts of the testimony of two physicians in an unrelated civil action. After the tribunal determined, in accordance with the statute, see note 4, infra, that "the evidence presented if properly substantiated is sufficient to raise a legitimate question of liability appropriate for judicial inquiry," the defendant...

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