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MEDINA v. HOCHBERG

No. SJC-11178.

465 Mass. 102 (2013)

RICHARD MEDINA v. FRED H. HOCHBERG.

Supreme Judicial Court of Massachusetts, Suffolk.

May 13, 2013.

Attorney(s) appearing for the Case

Dante G. Mummolo ( Brendan C. Murphy with him) for the plaintiff.

Michael J. Kerrigan ( William J. Dailey, Jr. , with him) for the defendant.

The following submitted briefs for amici curiae:

Gregory Broderick & Katie Konz , of California, & Donald R. Pinto, Jr. , for Pacific Legal Foundation.

John J. Barter for Professional Liability Foundation, Ltd.

Chad P. Brouillard for Massachusetts Defense Lawyers Association.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, DUFFLY, & LENK, JJ.

CORDY, J.

On December 10, 2001, Robert D. Riskind suffered a grand mal seizure while driving home from work, causing him to lose control of his vehicle and strike the plaintiff, Richard Medina, as he was exiting his motor vehicle (accident). Riskind's seizure was triggered by an inoperable brain tumor, a condition for which he had been receiving treatment from the defendant Dr. Fred H. Hochberg since its diagnosis in September...

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