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LeBLANC v. COMMONWEALTH

No. 08-P-1449.

75 Mass. App. Ct. 419 (2009)

MARILYN LeBLANC & another v. COMMONWEALTH & others.

Appeals Court of Massachusetts, Suffolk.

October 15, 2009.

Attorney(s) appearing for the Case

David S. Smith for the plaintiffs.

Howard R. Meshnick, Assistant Attorney General, for the Commonwealth.

Present: CYPHER, MEADE, & RUBIN, JJ.

CYPHER, J.

The plaintiffs' complaint, brought pursuant to the Massachusetts Tort Claims Act (G. L. c. 258, § 2), alleged negligence and recklessness of the defendants, the office of the chief medical examiner (OCME) and two of its medical examiners, stemming from the provision of an autopsy report. The report caused the plaintiffs to believe that bodily remains previously delivered to them by the OCME were not those of their

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