Despres v. Moyer

[¶ 1] Terri Despres appeals from the judgment of the Superior Court (York County, Brennan, J.) granting David Moyer’s motion for a partial summary judgment and granting his motion to report the case to this Court to decide:

Whether the foreign object exception to the statute of limitations set forth in 24 M.R.S.A. § 2902 1 works to circumvent the usual three year statute of limitations when the foreign object in question was not placed in the patient by the physician sued.

Despres asserts there is a genuine issue of material fact as to whether Moyer, an oral surgeon, placed in her body the…