Welch v. McCarthy

DANA, Justice.

Joanne and Colburn Welch appeal from a summary judgment entered in the Superior Court (Penobscot County, Marden, J.) in favor of Daniel J. McCarthy, D.D.S. The Welches contend that (1) a motion for a summary judgment based on the statute of limitations is not appropriate prior to the submission of the case to the pre-litigation screening panel; and (2) the court erred in granting a summary judgment on the statute of limitations because a genuine issue of material fact exists whether McCarthy had a duty to warn Joanne of recently discovered dangers regarding the implants inserted…