Legal Opinion
O'Brien v. Sherman
Superior Court of Rhode Island
Decided November 14, 2008No. C.A. No. KC 05-0957Published
1Opinion of the Court
DECISION
The Defendant, Kent County Memorial Hospital ("Kent"), moves for leave to amend its answer to add additional affirmative defenses. The Plaintiffs, Stephanie M. O'Brien and Michael O'Brien, individually and as next friend of Brendan O'Brien, a minor, ("Plaintiffs"), object to Kent's motion. For the reasons stated below, this Court denies Kent's Motion to Amend.
I
Facts and Travel
This case stems from the birth of Plaintiffs' son, Brendan O'Brien. Brendan was born prematurely on November 28, 2002, at Kent County Memorial Hospital and suffers from brain damage, cerebral palsy, and spastic…
2Cases cited14 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Glassman v. Computervision Corp.Court of Appeals for the First Circuit · 1996
- Commercial Union Insurance v. PelchatSupreme Court of Rhode Island · 1999
- In Re BrownSupreme Court of Rhode Island · 2006
- Sorenson v. Colibri Corp.Supreme Court of Rhode Island · 1994
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