Feldman v. City of Worcester

The plaintiffs, Florence and Joseph Feldman, brought this action in the Superior Court for Worcester County seeking to recover damages for personal injuries suffered by Mrs. Feldman while she was a patient at Worcester City Hospital. The defendant city filed a motion to dismiss pursuant to Mass. R. Civ. P. 12 (b) (6), 365 Mass. 754 (1974), on the ground that Mrs. Feldman was a patient in a municipal hospital and that the city was therefore immune from liability as matter of law. The trial judge allowed the city’s motion to dismiss and entered judgment dismissing the plaintiffs’ action. The…