Massachusetts High Court Sides With Big Tobacco Companies, Holding Wrongful Death Action Was Time-Barred
“In GGNSC … we were unequivocal that, in Massachusetts, we follow the majority rule that wrongful death liability is derivative,” Justice David A. Lowy wrote on behalf of the court. “Accordingly, we follow the majority approach precluding recovery for wrongful death where the statute of limitations on the decedent’s underlying claims ran before the decedent’s death.”
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