WEAVER v. COMMONWEALTH


387 Mass. 43 (1982)

438 N.E.2d 831

BARBARA J. WEAVER, administratrix, vs. COMMONWEALTH & others.

Supreme Judicial Court of Massachusetts, Suffolk.

August 3, 1982.


Attorney(s) appearing for the Case

Brook K. Baker for the plaintiff.

Ernest P. DeSimone, Assistant Attorney General, for the defendants.

Present: WILKINS, LIACOS, NOLAN, & LYNCH, JJ.


LYNCH, J.

This appeal, which we have transferred here on our own initiative, principally involves the requirement of the presentment of a claim under the Massachusetts Tort Claims Act. G.L.c. 258, § 4.2 The plaintiff's intestate, Michael Weaver, a patient at Westborough State Hospital, took his own life on March 9, 1978. In her complaint, the plaintiff alleged that the defendants' negligent treatment and supervision of Michael Weaver...

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