Spadorcia v. South Shore Oral Surgery Associates, Inc.

In this civil action for dental malpractice, the docket discloses that the plaintiff received an adverse report from the tribunal convened pursuant to G. L. c. 231, § 60B, and timely filed a bond in the amount of $2,000 on August 28, 1978. The defendant, on May 10, 1978, had filed interrogatories along with its answer. As no answers to those interrogatories were filed, on November 21, 1978, the defendant filed an application for dismissal under Mass.R.Civ.P. 33(a), as amended, 368 Mass. 906 (1976). The record further discloses that a notice of that application was sent to the plaintiff, which…