Williams v. Barber

I join in reversing and remanding so that plaintiff Williams can have a fair opportunity to present evidence both on the question of whether he had a good defense to the initial suit and on damages. However, I depart to a degree from Justice Howe as to the basis for that result.

Justice Howe goes to great lengths in an attempt to show that the motion for partial summary judgment granted by the trial judge did not reach all issues of liability and that the judge did not decide whether Williams had a good defense to the initial suit in which defendant Barber committed malpractice. I take…