Michael D. Carey v. Mt. Desert Island Hospital, Michael D. Carey v. Mt. Desert Island Hospital

The majority “assume[sj,” for purposes of analysis, that the district court’s original charge was in error, but concludes that its response to the jury’s question about the meaning of the erroneous “motivating factor” instruction was fully curative, and/or that MDI’s counsel waived its objection by acceding to a portion of the court’s supplemental instruction. Because I cannot agree that the defendant hospital either waived its objection to or was not prejudiced by the erroneous instruction, and because I believe it important to explain why the original instruction was erroneous, I…