Xarras v. McLaughlin

Herbert Armstrong, one of the parties against whom the complaint in this case was filed in the Superior Court on February 3, 1999, had, unbeknownst to the plaintiff, died on July 4, 1998.4 There was no personal representative of Arm*800strong’s estate at the time the complaint was filed. The plaintiff became aware of the decedent’s death some months later.5

By the time James T. McLaughlin was appointed administrator of Armstrong’s estate on June 10, 1999, and the plaintiff succeeded in amending the complaint to add the administrator as a party, the short one-year statute of limitations under G. L.…