Mood v. Kilgore

The appellants dispute an order of a judge in the Superior Court making a bond filed pursuant to G. L. c. 231, § 60B, 3 available to cover the costs of the defendants, pre vailing parties in a malpractice action. We hold that the challenge is time barred under Mass. R. A. P. 4 (a), as appearing in 378 Mass. 924 (1979).

Only a brief recital of the facts is necessary. In March, 1976, Mood filed suit against the defendants, charging that a dental procedure performed by Dr. Thomas Kilgore had caused a paralysis of part of her face, with resulting disfigurement. Two theories of liability were…