Rose Brodie v. Gardner Pierce Nursing & Rest Home, Inc.

Acting under Mass.R.Civ.P. 64, 365 Mass. 831 (1974), a Superior Court judge reported the following question relating to the jurisdiction of a medical malpractice tribunal acting under G. L. c. 231, § 60B, inserted by St. 1975, c. 362, § 5:

“Whether a count alleging that a patient resident in a nursing home was caused to slip and fall with resulting injuries as a result of the careless and negligent main-tena.nce of a stairway in the nursing home is appropriate for consideration of a tribunal commenced pursuant to G. L. c. 231, § 60B, in circumstances where a second count alleges that the…