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CHARRON v. AMARAL

451 Mass. 767 (2008)

MICHELLE D. CHARRON & others v. EDWARD L. AMARAL & others.

Supreme Judicial Court of Massachusetts, Worcester.

July 10, 2008.

Attorney(s) appearing for the Case

Kathy Jo Cook (Ann Marie Maguire with her) for the plaintiffs.

John J. Barter (Amy Delisa with him) for Laura J. Bessette.

J. Peter Kelley, for Edward L. Amaral, was present but did not argue.

Lee M. Holland, Pauline Quirion, & Martin W. Healy, for Massachusetts Bar Association, amicus curiae, submitted a brief.

Mary L. Bonauto & Janson Wu, for Gay & Lesbian Advocates & Defenders, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, CORDY, & BOTSFORD, JJ.

IRELAND, J.

We transferred this case from the Appeals Court after a Superior Court judge reported the propriety of his ruling allowing the defendants' motion for partial summary judgment in a medical malpractice action involving a same-sex couple. Mass. R. Civ. P. 64 (a), as amended, 423 Mass. 1403 (1996). In the motion, the defendants contended that the plaintiff Cynthia Kalish's claims for the loss of consortium of the plaintiff Michelle Charron could not be proved...

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