Washington v. GaglianiAnnotate this Case
Washington commenced a medical malpractice action in a federal district court against Maryjo Gagliani. A medical malpractice tribunal reviewed the case and found for Gagliani. Washington then moved the superior court to reduce the amount of the bond required for him to pursue his claim in the face of an adverse tribunal ruling. The superior court denied the motion. Washington filed a notice of appeal, but the notice was never processed. The superior court, meanwhile, allowed Gagliani’s motion to dismiss Washington’s complaint for failure to post the bond. The matter was then transferred back to the federal court. The federal court allowed Gagliani’s motion to dismiss due to Washington’s failure to post a bond. Washington filed a Mass. Gen. Laws ch. 211, 3 petition seeking relief from the superior court’s “failure to docket and recognize his appeal of” the tribunal’s ruling. A single justice denied relief. The Supreme Judicial Court affirmed, holding that the superior court and appeals court had no jurisdiction after the tribunal’s ruling to act further with respect to that ruling. Washington could not pursue his claim and challenge the tribunal’s ruling in the federal courts.