Botelho v. Aghai

The parties are before the court on defendants Bruce P. Abbott’s and Michael W. Egan’s motion to dismiss. As grounds for their motion Abbott and Egan argue that dismissal is mandated by Antonio Botelho’s failure to timely post a bond, after an adverse finding by a medical malpractice tribunal, as required by G.L.c. 231, §60B (1992 ed.). For the following reasons, the motion to dismiss is denied.

BACKGROUND

On October 29, 1992 Botelho filed the instant action, alleging that all three defendants had committed medical malpractice resulting in amputation of his leg. Abbott requested a medical…