Estate of Gavin v. Tewksbury State Hospital

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 Court dismissed the complaint on *140the pleadings, concluding that the plaintiff lacked the legal capacity to make a valid presentment. We affirm.

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