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ESTATE OF GAVIN v. TEWKSBURY STATE HOSPITAL

No. SJC-11422.

468 Mass. 123 (2014)

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

Supreme Judicial Court of Massachusetts, Middlesex.

May 15, 2014.

Attorney(s) appearing for the Case

Robert S. Sinsheimer for the plaintiff.

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

J. Michael Conley, Thomas R. Murphy, & Elizabeth N. Mulvey, for Massachusetts Academy of Trial Attorneys, amicus curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

BOTSFORD, J.

The estate of Steven Gavin (estate) commenced this action for wrongful death in the Superior Court against the Commonwealth and Tewksbury State Hospital (hospital) under the Massachusetts Tort Claims Act (act), G. L. c. 258. The estate seeks to recover damages on account of the death of Steven Gavin (decedent), a death allegedly caused by negligent conduct on the part of hospital staff members. The primary issue before us is whether the statutory requirements...

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