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ANSELMO v. REBACK

400 Mass. 865 (1987)

513 N.E.2d 1270

RONALD ANSELMO, special administrator, & others vs. HARVEY A. REBACK & another.

Supreme Judicial Court of Massachusetts, Bristol.

October 6, 1987.

Attorney(s) appearing for the Case

George C. Deptula for the plaintiffs.

Susan H. Williams (James H. Anderson with her) for the defendants.

Jeffrey Allen, Kerry Choi & Robert V. Costello, for Massachusetts Academy of Trial Attorneys, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., LIACOS, NOLAN, LYNCH, & O'CONNOR, JJ.

O'CONNOR, J.

In this medical malpractice, wrongful death action, the plaintiffs moved before trial for preliminary findings that a certain "statement" of Susan Anselmo, whose death gave rise to this action, had been made in good faith and on her personal knowledge, and for a ruling that, therefore, under G.L.c. 233, § 65 (1986 ed.), the statement was admissible in evidence at trial as the declaration of a deceased person...

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