Martin v. Martin

Two issues are presented. The first is whether the trial court clearly erred in finding by clear and convincing evidence that before his injuries, Michael Martin expressed a medical "preference to decline life-sustaining medical treatment under the circumstances presented.”1

*235The second asks what showing, if any, justifies the withdrawal of life-sustaining medical treatment in the absence of clear and convincing evidence of such preinjury wishes.

1 dissent from the majority’s holdings on both issues. On the second issue, I do not agree with the majority that, on the facts of this case,…