Jacoby v. Babcock Artificial Kidney Center, Inc.

The plaintiffs Kay L. Jacoby, Steven Jacoby, and Elias H. Jacobs, trustee for Kay L. Jacoby, brought a bill for declaratory relief in the Superior Court. The judge sustained demurrers of all the defendants and entered a final decree dismissing the bill. The plaintiffs have appealed from the interlocutory decrees and the final decree. The plaintiffs’ bill contains the following allegations. The defendant Babcock Artificial Kidney Center, Inc. (Babcock) operates a hemodialysis facility for the treatment of chronic kidney disease. The defendant Peter Bent Brigham Hospital (Peter Bent Brigham) is…