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CASTILLO v. MASS. GEN. HOSP. CHELSEA MEMORIAL

No. 93-P-1485.

38 Mass. App. Ct. 513 (1995)

FRANKLIN CASTILLO & another vs. MASSACHUSETTS GENERAL HOSPITAL CHELSEA MEMORIAL HEALTH CARE CENTER & another.

Appeals Court of Massachusetts, Suffolk.

May 11, 1995.

Attorney(s) appearing for the Case

Floyd H. Anderson (Mark D. Stern with him) for the plaintiffs.

Mary T. Gibbons (Robert G. Eaton with her) for M. Sheila Desmond & another.

Present: WARNER, C.J., JACOBS, & IRELAND, JJ.

JACOBS, J.

The issue, framed in the context of the allowance of the defendants' motion for summary judgment, is whether the plaintiffs' medical malpractice complaint is barred by the statute of limitations as matter of law.3 Upon review of the Mass.R.Civ.P. 56(c), 365 Mass. 824 (1974), submissions in the record, we determine that a genuine issue of fact exists as to when the plaintiffs...

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