Legal Opinion · Dissent

Levasseur v. Aaron

Supreme Judicial Court of Maine

Decided February 3, 1986Published

1DissentMcKUSICK, Chief Justice

I would affirm the Superior Court’s dismissal of this malpractice action.

My disagreement with the court’s opinion involves a narrow and specific question: Did the Superior Court commit clear error in its factual conclusion, arrived at after a testimonial hearing, that Dr. Aaron continued through November 8, 1982,1 to maintain his residence or domicil2 in Maine? I recognize that the evidence presented to the hearing justice might have supported a factual finding that Dr. Aaron had become a domiciliary of Florida, but, on the other hand, the evidence at least equally well supported the…

2Cases cited4 opinions

  1. Harmon v. EmersonSupreme Judicial Court of Maine · 1981
  2. Givertz v. Maine Medical CenterSupreme Judicial Court of Maine · 1983
  3. Patten v. MilamSupreme Judicial Court of Maine · 1984
  4. Connolly v. SerunianSupreme Judicial Court of Maine · 1941

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