Posts tagged "0900718"

Bennett v. R.J. Reynolds Tobacco Company (Lawyers Weekly No. 09-007-18)

(adsbygoogle = window.adsbygoogle || []).push({});

COMMONWEALTH OF MASSACHUSETTS

 

SUFFOLK, ss                                                                                             SUPERIOR COURT

CIVIL ACTION

  1. 2017-0603-BLS1

 

 

TINA BENNETT, INDIVIDUALLY and as PERSONAL REPRESENTATIVE of the ESTATE OF DAVID BENNETT

 

vs.

 

R.J. REYNOLDS TOBACCO COMPANY, individually and as successor by merger to LORILLARD TOBACCO CO., PHILIP MORRIS USA, INC., and GLOBAL PARTNERS, L.P.

 

 

MEMORANDUM OF DECISION AND ORDER ON

DEFENDANTS’ MOTION TO DISMISS

In this action the plaintiff, Tina Bennett, alleges claims for wrongful death and civil conspiracy against the defendants[1].  She brings these claims as the Personal Representative of the Estate of David Bennett (David and the Estate).[2]  The defendants have moved to dismiss the complaint on the grounds that Ms. Bennett was appointed as the personal representative of the Estate under G.L. c. 190B, § 3-108 (4) of the Uniform Probate Code (UPC or the Code), and an appointment under that provision of the Code does not carry with it the authority to bring either a wrongful death action under G.L. c. 229, § 2 or a tort claim that belonged to the plaintiff’s decedent at the time of his death and had become an asset of the estate. [3] read more

Read more...

Posted by Massachusetts Legal Resources - February 2, 2018 at 9:29 am

Categories: News   Tags: , , , , , , ,