Arsenault v. McConarty

Agnes, Peter W., J.

INTRODUCTION

The Plaintiff, Jeremy Arsenault (“Arsenault”), brought a medical malpractice claim against Peter McConarty, M.D. (“Dr. McConarty”) arising out of injuries suffered when Israel Ortiz (“Ortiz”), Dr. McConarty’s patient, lost control of the automobile he was driving and struck Arsenault while Arsenault was riding his motorcycle. Arsenault claims Dr. McConarty was negligent in Ortiz’s care and, as a result, was the direct and proximate cause of the accident. Dr. McConarty maintains that notwithstanding any alleged negligence, no duty was owed to Arsenault. This…