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Session Laws

1989

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CHAPTER 215 AN ACT FURTHER REGULATING THE STATUTE OF LIMITATIONS IN ACTIONS FOR DEATH OR INJURIES RESULTING IN DEATH.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 2 of chapter 229 of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- An action to recover damages under this section shall be commenced within three years from the date of death, or within three years from the date when the deceased's executor or administrator knew, or in the exercise of reasonable diligence, should have known of the factual basis for a cause of action, or within such time thereafter as is provided by section four, four B, nine or ten of chapter two hundred and sixty.

SECTION 2. Section 10 of chapter 260 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

Notwithstanding the provisions of the preceding paragraph, any action pursuant to this section may be commenced by the executor or administrator within three years from the date when the executor or administrator knew, or in the exercise of reasonable diligence, should have known of the factual basis for a cause of action.

Approved July 11, 1989.