SULLIVAN v. RICH

No. 07-P-109.

71 Mass. App. Ct. 16 (2007)

BRIAN SULLIVAN v. KIMBERLY RICH.

Appeals Court of Massachusetts, Bristol.

December 28, 2007.


Attorney(s) appearing for the Case

David O. de Abreu for the plaintiff.

John T. Murray for the defendant.

Present: GRASSO, DREBEN, & GREEN, JJ.


GRASSO, J.

We consider whether the estate of a decedent may be held liable in negligence for a dangerous condition on the decedent's property known to him prior to his death, when the accident that causes injury does not occur until after the decedent's death. We conclude that where the accident did not occur until after the decedent's death, no cause of action existed that might survive his death so as to render...

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