Moran v. Caulkins

Presently before the court is a motion by defendant Robert M. Caulkins, M.D. (“defendant” or “Caulkins”) for summary judgment in this action and plaintiff Linda Moran’s (“plaintiff’) cross motion for partial summary judgment, filed pursuant to Rule 56(c) of the Massachusetts Rules of Civil Procedure (“Rule 56(c)”). For the reasons stated below, these motions are denied.

BACKGROUND

Defendant contends that the relief requested by plaintiff is barred by the Massachusetts Tort Claims Act, G.L.c. 258 (the “MTCA”) because, at the time he treated plaintiff, he was a public employee and thus immunized…