Legal Opinion
Harvey Ex Rel. Harvey v. Mid-Coast Hospital
District Court, D. Maine
Decided January 8, 1999No. CIV. 98-85-P-CPublishedCited by 17 opinions
1Opinion of the Court
MEMORANDUM OF DECISION AND ORDER
GENE CARTER, District Judge.
This is a medical malpractice action against Mid-Coast Hospital for the brain and neurological damage sustained by Julian Harvey in April of 1993. Plaintiffs in this action, Dermot and Emily Harvey (“the Harveys”), parents of Julian Harvey, have moved pursuant to Fed.R.Civ.P. 56 for summary judgment to dismiss Defendant Mid-Coast Hospital’s affirmative defenses of assumption of the risk and comparative negligence. The Harveys’ motion raises an issue of Maine law as to which the Court has found no decisive Maine precedent.…
2Cases cited28 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Jose MEDINA-MUNOZ, Etc., Et Al., Plaintiffs, Appellants, v. R.J. REYNOLDS TOBACCO COMPANY, Defendant, AppelleeCourt of Appeals for the First Circuit · 1990
- Gerald Griggs-Ryan v. Beulah Smith, Gerald Griggs-Ryan v. Richard ConnellyCourt of Appeals for the First Circuit · 1990
- Jensen v. Archbishop Bergan Mercy HospitalNebraska Supreme Court · 1990
- Matthews v. WillifordDistrict Court of Appeal of Florida · 1975
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3Cited by17 opinions
- Mercer v. Vanderbilt University, Inc.Tennessee Supreme Court · 2004
- Walter v. Wal-Mart Stores, Inc.Supreme Judicial Court of Maine · 2000
- Rowe v. Sisters of the Pallottine Missionary SocietyWest Virginia Supreme Court · 2001
- Harb v. City of BakersfieldCalifornia Court of Appeal · 2015
- Whitmer v. ZochowskiOhio Court of Appeals · 2016
12 more not listed; retrieve them via the Exa API.