Jun 8, 2020
Massachusetts’s Supreme Court holds that wrongful-death claims are derivative.
Massachusetts’s Supreme Court holds that wrongful-death claims are derivative.
A derivative claim can be stopped by any defense of the main claim the derivative claim is dependent on. In this Scuba fatality, a release stopped claims by the heirs.
Doherty v. Diving Unlimited International, Inc., 484 Mass. 193, 2020 Mass. LEXIS 134, 140 N.E.3d 394, 2020 WL 949922
State: Massachusetts, Supreme Judicial Court of Massachusetts
Plaintiff: Margaret C. Doherty, personal…
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