Giamarco v. Ruggiero

Summary

The Massachusetts Supreme Judicial Court affirmed the denial of a petition under G. L. c. 211, § 3, challenging a medical malpractice tribunal’s determination that the plaintiff could proceed without posting a bond. The court held that relief under § 211, § 3, was unavailable because the petitioner had already sought review under G. L. c. 231, § 118, and had not shown that review could not be obtained through other available means.

Holdings

1. Relief under G. L. c. 211, § 3, does not lie when review under G. L. c. 231, § 118, would suffice, and the extraordinary supervisory statute does not provide a second opportunity as a matter of right for interlocutory relief after relief under § 118 has been denied.
2. The single justice did not commit a clear error of law or abuse her discretion in denying Giamarco's petition.

Questions Presented

1. Whether extraordinary relief under G. L. c. 211, § 3, was available to review the medical malpractice tribunal's decision after Giamarco had unsuccessfully sought relief under G. L. c. 231, § 118.
2. Whether the single justice clearly erred or abused her discretion by denying Giamarco's petition.

Disposition

affirmed