Maloney v. Badman

The plaintiff, John Maloney, administrator of the estate of Helene Maloney, appeals the order of the Superior Court (O’Neill, J.) granting summary judgment to defendant Dennis S. Badman, M.D. on the plaintiffs negligence action for wrongful death. The defendants, Badman and his business, Wakefield Family Medicine, cross-appeal from the trial court’s finding that Badman rendered substandard care and its ruling that he is judicially estopped by statements in his settlement agreement with the New Hampshire Board of Medicine (board). We affirm.

I. Background

The trial court’s orders recited the…