McStowe v. Bornstein

The plaintiff sued the representatives of the estate of an attorney, alleging that the attorney negligently had failed to commence an action on behalf of the plaintiff before the statute of limitations barred that action. The defendants moved for judgment on the pleadings (Mass. R. Civ. P. 12[c], 365 Mass. 754 [1974]) on the ground that the plaintiffs claim did not survive the death of the attorney. Concluding that he was bound by prior decisions of this court, a Superior Court judge allowed the defendants’ motion. However, the judge believed it time for "a fresh look at the issues presented…