Rendek v. Sheriff of Bristol County

The employee’s claim, pursued by his estate, is that he was terminated without just cause in violation of G. L. c. 35, § 51,3 and is entitled to back pay. The Massachusetts survival statute, G. L. c. 228, § 1, lists a number of specific claims that survive a litigant’s death “[i]n addition to the actions which survive by the common law . . . .” The type of claim asserted in this action is not among those specifically enumerated in the statute. Therefore, to remain viable, it must be deemed a cause of action that survives by common law.

This court has stated that “actions seeking the…