Florio v. Kennedy

The plaintiff has appealed from a summary judgment entered against her in the Superior Court. The plaintiff filed a complaint alleging that the defendant, a physician, was negligent in his treatment of the plaintiff’s decedent and that such negligence resulted in his death. The complaint alleged that the treatment took place on or about April 26 and 27, 1978, at the Worcester State Hospital (hospital) where the plaintiffs decedent was a patient.1 The defendant moved to dismiss the complaint on the ground that, as a member of the staff of the hospital, he was a “public employee” within the…