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PLUMMER v. GILLIESON

No. 96-P-1550.

44 Mass. App. Ct. 578 (1998)

LEQUASIA PLUMMER v. MARTIN S. GILLIESON & others.

Court of Appeals of Massachusetts, Hampden.

April 10, 1998.

Attorney(s) appearing for the Case

Jonathan Z. Souweine for the plaintiff.

Carol A. Griffin for Kathleen Ann Beith.

Michael Mosher, for M.A. DiNicola, & John M. Dellea, for Martin Gillieson, were present but did not argue.

Susan von Struensee for The Children's Watch, amicus curiae, submitted a brief.

Thomas R. Kiley, Carl Valvo & Matthew L. Schemmel for The Professional Liability Foundation, amicus curiae, submitted a brief.

Present: ARMSTRONG, KAPLAN, & PORADA, JJ.

PORADA, J.

When the plaintiff was eight years and two months old, a complaint for medical malpractice was filed by her mother on her behalf in the Superior Court against the defendants. The action sought to recover damages for injuries sustained by the plaintiff during her birth. The defendants filed motions to dismiss on the ground that the action was barred by the repose provision of G. L. c. 231, § 60D.3 The plaintiff opposed the...

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