MARCO v. GREEN


415 Mass. 732 (1993)

615 N.E.2d 928

JULIE HICKEY MARCO, administratrix, vs. WARREN S. GREEN, administrator, & another.

Supreme Judicial Court of Massachusetts, Middlesex.

July 8, 1993.


Attorney(s) appearing for the Case

Laurence S. Boisvert for the plaintiff.

Richard M. Haley for the defendants.

Present: LIACOS, C.J., NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.


LIACOS, C.J.

The issue before us is whether a voluntary administratrix acting pursuant to G.L.c. 195, § 16 (1990 ed.), has the legal authority to maintain or compromise a wrongful death action under G.L.c. 229, § 2 (1990 ed.). We summarize the relevant facts established by statements, affidavits, and other materials in the record.

On August 26, 1988, Kenneth S. Hickey (decedent) died in the course of a surgical operation performed by Dr. Richard...

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