SHEA v. CARITAS CARNEY HOSPITAL, INC.

No. 10-P-900.

79 Mass. App. Ct. 530 (2011)

EILEEN F. SHEA, executrix, v. CARITAS CARNEY HOSPITAL, INC., & others.

Appeals Court of Massachusetts, Suffolk.

May 13, 2011.


Attorney(s) appearing for the Case

Thomas Drechsler ( Jonathan Tobin with him) for the plaintiff.

Steven P. Perlmutter for Jean Semexant & another.

Daniel J. Buoniconti for Joseph Sara & another.

Jeffrey W. Colman for Richard Spiro.

Present: BERRY, MEADE, & SIKORA, JJ.


MEADE, J.

The plaintiff, Eileen F. Shea, as the executrix of the estate of Richard P. Sheehan (Sheehan), appeals from summary judgment entered in favor of the defendants in this wrongful death action. On appeal, Shea claims the judge erred in determining that the statutory requirements of G. L. c. 123, § 36B(1)(b), which limit the circumstances in which a mental health professional has a duty to warn a potential victim, could not be met by Shea. Specifically...

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