Irish v. Gimbel

[¶ 1] Russell and Laurie Irish, as next friends of Shane Irish, appeal from a judgment entered by the Superior Court (Cumberland County, Cole, J.) following a jury verdict adverse to their medical malpractice claim. The jury verdict concluded the second trial in this matter, which occurred on remand pursuant to our opinion in Irish v. Gimbel, 1997 ME 50, 691 A.2d 664 (Irish I). In Irish I, we had vacated a judgment entered after a jury trial and verdict that was also adverse to the Irishes’ claim.

[¶ 2] On appeal, the Irishes contend that:

1. The permitted use of the unanimous adverse finding…