Goldberg v. Northeastern University, 60 Mass. App. Ct. 707 (Mass. App. Div. 3/25/2004), 02-P-699.

• Citation: 60 Mass. App. Ct. 707
• Decision Date: 25 March 2004
• Docket Number: No. 02-P-699.,02-P-699.
• Parties: LAURENCE T. GOLDBERG & another<SMALL><SUP>1</SUP></SMALL> <I>v.</I> NORTHEASTERN UNIVERSITY.
• Court: Massachusetts Appellate Division

Page 707

60 Mass. App. Ct. 707

LAURENCE T. GOLDBERG & another¹

v. NORTHEASTERN UNIVERSITY.

No. 02-P-699.

Massachusetts Appellate Division.

Suffolk.

October 14, 2003.

March 25, 2004.

Present: GREENBERG, DREBEN, & COWIN, JJ.

Negligence, College, Expert opinion. Health Care Facility. Evidence, Expert opinion. Damages, Tort. Charity. Practice, Civil, Damages.

In a civil action against a university health center for negligent medical treatment, the evidence did not support a finding that the university's operation of the health center was negligent, in the absence of expert testimony that was probative of the question whether the university set up, staffed, and operated the health center in a negligent manner. [709-711]

The defendant in a civil action alleging negligent medical treatment was entitled to the protection of the statutory cap on damage awards arising out of charitable activities, where the defendant established a prima facie case that it was a charitable organization through the submission of its certificate of incorporation and articles of organization, and the plaintiffs presented no countervailing evidence. [711-713]

CIVIL ACTION commenced in the Superior Court Department on February 27, 1996.

The case was tried before Maria I. Lopez, J., and motions for reconsideration of the amendment of the damages award and for judgment notwithstanding the verdict or for a new trial were heard by her.

Michael T. Eskey, of Rhode Island, for the plaintiffs.

Edward F. Mahoney for the defendant.

COWIN, J.

Following the death of their daughter Michel, a student at Northeastern University (Northeastern), the plaintiffs commenced this action in the Superior Court against Northeastern, two physicians, and two nurses, alleging that negligent

1. Marlene Goldberg, individually and as administrator of the estate of Michel Goldberg.