Massachusetts Appeals Court October 13, 1998, No. 96-P-2053 (White v. Helmuth)

Smith, J.

On April 20, 1993, the plaintiff was involved in a motor vehicle accident with Ida E. Helmuth, who was operating the other vehicle. Ida Helmuth died on the day of the accident. On April 17, 1996, the plaintiff brought a complaint in the Superior Court naming Ronald C. Helmuth (Ronald), in his capacity as executor of the estate of Ida Helmuth, as defendant.