Lyons v. Duncan

This appeal stems from two medical malpractice actions brought in Superior Court by Robin Lyons and Paul Lyons, individually and on behalf of their minor son, Michael Lyons, against Dr. John A. Duncan, III (defendant or Dr. Duncan). In the first case, summary judgment was granted for the defendant for lack of personal jurisdiction under the Massachusetts long-arm statute. The second case was dismissed pursuant to Mass.R.Civ.P. 12(b)(9), as amended, 450 Mass. 1403 (2008). The plaintiffs now appeal from both decisions. We affirm.

Background. On December 4, 2003, Michael Lyons suffered a stroke.…