Daniels v. Dunlap

On December 30, 2002, plaintiff Carole Daniels (“Daniels”) amended this medical malpractice complaint to make a claim against defendant Commonwealth of Massachusetts (“Commonwealth”), under a vicarious liability theoiy, for its agent’s alleged negligent intubation of Bruce Daniels (“decedent”). Daniels brought this action as the executrix of the decedent’s estate. The Commonwealth has moved for summary judgment arguing that Daniels’s failure to comply with the G.L.c. 258, §4 presentment requirement for complaints brought against a public employer entitles it to summary judgment as a matter of…