Lindsay v. Romano

At issue is whether the plaintiff’s medical malpractice action was time barred. A judge of the Superior Court allowed the defendant’s motion for summary judgment, concluding that the limitations period set forth in G. L. c. 260, § 4, had run. The Appeals Court affirmed, pursuant to its rule 1:28. Lindsay v. Romano, 43 Mass. App. Ct. 1120 (1997). We allowed the plaintiff’s application for further appellate review. We reverse the judgment of the Superior Court and remand for further proceedings.

1. Facts. Because the case is before us on the defendant’s motion for summary judgment, we assume the…