Bailey v. Town of Bourne

Soon after her mother sustained fatal injuries while a passenger in a vehicle owned and operated by Elmire M. Curtis (Curtis), the plaintiff, as sole heir and administratrix of her mother’s estate, signed a general release discharging Curtis from liability for her mother’s death in exchange for $100,000 paid by Curtis’s automobile insurer.2 Thereafter, the plaintiff brought this action for conscious suffering *71and wrongful death against the town of Bourne pursuant to G. L. c. 258, the Massachusetts Tort Claims Act (the Act).3 In her complaint, she alleges that, at the time of the fatal…