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ESTATE OF GAVIN v. TEWKSBURY STATE HOSPITAL

No. 12-P-62.

83 Mass. App. Ct. 139 (2013)

ESTATE OF STEVEN GAVIN v. TEWKSBURY STATE HOSPITAL & another.

Appeals Court of Massachusetts, Middlesex.

January 18, 2013.

Attorney(s) appearing for the Case

Robert S. Sinsheimer for the plaintiff.

Mark P. Sutliff, Assistant Attorney General, for the defendants.

Present: GRASSO, FECTEAU, & AGNES, JJ.

GRASSO, J.

Does the "claimant" in a presentment that asserts a claim for wrongful death under the Massachusetts Tort Claims Act, G. L. c. 258, § 4, inserted by St. 1978, c. 512, § 4 (Act), permissibly include someone who is not a duly appointed executor or administrator? We conclude that it does not. This is an appeal from the dismissal of a wrongful death action against Tewksbury State Hospital and the Commonwealth under the Act. A judge of the Superior...

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