Joy v. Eastern Maine Medical Center

WATHEN, Justice.

Plaintiffs, Todd C. Joy and Phyllis Bail-largeon, appeal from a summary judgment entered in favor of defendants, Gary Little-page, and Eastern Maine Medical Center, in Superior Court (Penobscot County). On appeal plaintiffs contend that the Superior Court erred in finding as a matter of law that a duty to warn did not extend to plaintiffs under the circumstances alleged in the complaint. We agree that the Superior Court was in error and accordingly we vacate the judgment.

Plaintiffs’ complaint makes the following allegations: On August 23, 1983, plaintiff Todd Joy, while…