Estate of Dresser v. Maine Medical Center

MEAD, J., with whom LEVY and GORMAN, JJ.,

join, dissenting.

[¶ 11] I respectfully dissent. The Court’s decision today misses an opportunity to offer clarity to a complex and important area of the law and creates uncertainty and confusion instead. The parties have presented a straightforward question: Does Maine law require a tortfeasor who settles with the victim of the tort to obtain a liability release from the victim in favor of non-settling joint tortfeasors before commencing an action against them for contribution? The Court declines to answer this deeply consequential question, citing a…