BAILEY v. BOURNE

No. 93-P-1801.

38 Mass. App. Ct. 70 (1995)

MELISSA L. BAILEY, administratrix, vs. TOWN OF BOURNE.

Appeals Court of Massachusetts, Barnstable.

January 26, 1995.


Attorney(s) appearing for the Case

Lee M. Berger for the plaintiff.

Joan M. LeGraw (Robert S. Troy, Town Counsel, with her) for the defendant.

Present: DREBEN, FINE, & JACOBS, JJ.


JACOBS, J.

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

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