Kelley v. Rossi

This tort action was commenced against the defendant doctor (doctor) and the Joseph P. Kennedy Memorial Hospital (hospital) based on a claim of negligent treatment of Duane Kelley in March, 1982. A judge sitting by designation in the Superior Court allowed the doctor’s motion for summary judgment, and a separate judgment was entered in her favor. See Mass. R. Civ. P. 54 (b), 365 Mass. 820 (1974). We granted the plaintiff’s application for direct appellate review. The basic premise of the doctor’s motion for summary judgment was that in March, 1982, she was employed by the city of Boston as a…