Opinion
CV-2017-16
04-24-2020
MARYANN MYRICK, as Personal Representative of the Estate of MICHAEL L. MYRICK, Plaintiff, v. NICOLE NALCHAJIAN, M.D., et al, Defendants.
MARYANN MYRICK PR - PLAINTIFF ATTORNEY FOR: MARYANN MYRICK PR OWEN B PICKUS - RETAINED OWEN PICKUS DO ESQ & ASSOCIATES LAFAYETTE CENTER ATTORNEY FOR: MARYANN MYRICK PR AMBER L TUCKER - RETAINED THE LAW OFFICE OF AMBER L TUCKER LLC MICHAEL L MYRICK EST OF - PLAINTIFF C/O MARYANN MYRICK 683 BRUNSWICK ROAD RICHMOND ME 04357 ATTORNEY FOR: MICHAEL L MYRICK EST OF OWEN B PICKUS - RETAINED OWEN PICKUS DO ESQ & ASSOCIATES LAFAYETTE CENTER ATTORNEY FOR: MICHAEL L MYRICK EST OF AMBER L TUCKER - RETAINED THE LAW OFFICE OF AMBER L TUCKER LL TODD MYRICK - PLAINTIFF ATTORNEY FOR: TODD MYRICK AMBER L TUCKER - RETAINED THE LAW OFFICE OF AMBER L TUCKER LLC NICOLE NALCHAJIAN - DEFENDANT ATTORNEY FOR: NICOLE NALCHAJIAN CHRISTOPHER TAINTOR - RETAINED NORMAN HANSON & DETROY LLC MID COAST HOSPITAL - DEFENDANT ATTORNEY FOR: MID COAST HOSPITAL JAMES MARTEMUCCI - RETAINED GERMANI MARTEMUCCI & HILL 43 DEERING STREET PORTLAND ME 04101 ATTORNEY FOR: MID COAST HOSPITAL ROBERT HAYES - RETAINED GERMANI MARTEMUCCI & HILL BLUE WATER EMERGENCY PARTNERS LLC - RESPONDENT ATTORNEY FOR: BLUE WATER EMERGENCY PARTNERS LLC CHRISTOPHER TAINTOR - RETAINED NORMAN HANSON & DETROY LLC
MARYANN MYRICK PR - PLAINTIFF ATTORNEY FOR: MARYANN MYRICK PR OWEN B PICKUS - RETAINED OWEN PICKUS DO ESQ & ASSOCIATES LAFAYETTE CENTER
ATTORNEY FOR: MARYANN MYRICK PR AMBER L TUCKER - RETAINED THE LAW OFFICE OF AMBER L TUCKER LLC
MICHAEL L MYRICK EST OF - PLAINTIFF C/O MARYANN MYRICK 683 BRUNSWICK ROAD RICHMOND ME 04357 ATTORNEY FOR: MICHAEL L MYRICK EST OF OWEN B PICKUS - RETAINED OWEN PICKUS DO ESQ & ASSOCIATES LAFAYETTE CENTER
ATTORNEY FOR: MICHAEL L MYRICK EST OF AMBER L TUCKER - RETAINED THE LAW OFFICE OF AMBER L TUCKER LL
TODD MYRICK - PLAINTIFF ATTORNEY FOR: TODD MYRICK AMBER L TUCKER - RETAINED THE LAW OFFICE OF AMBER L TUCKER LLC
NICOLE NALCHAJIAN - DEFENDANT ATTORNEY FOR: NICOLE NALCHAJIAN CHRISTOPHER TAINTOR - RETAINED NORMAN HANSON & DETROY LLC
MID COAST HOSPITAL - DEFENDANT ATTORNEY FOR: MID COAST HOSPITAL JAMES MARTEMUCCI - RETAINED GERMANI MARTEMUCCI & HILL 43 DEERING STREET PORTLAND ME 04101
ATTORNEY FOR: MID COAST HOSPITAL ROBERT HAYES - RETAINED GERMANI MARTEMUCCI & HILL
BLUE WATER EMERGENCY PARTNERS LLC - RESPONDENT ATTORNEY FOR: BLUE WATER EMERGENCY PARTNERS LLC CHRISTOPHER TAINTOR - RETAINED NORMAN HANSON & DETROY LLC
ORDER ON DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT
Pending before the court is the Defendants' Motion for Partial Summary Judgment. For the reasons stated below, the motion is GRANTED.
As a matter of law, the facts alleged by the Plaintiff in the summary judgment record are insufficient as a matter of law to allow a reasonable jury to conclude that Dr. Nalchajian acted with ill will towards Michael Myrick or acted in a way that was so outrageous that malice can be implied, The facts alleged fall well short of the outrageous acts of the defendant in Morin v. Eastern Maine Med. Ctr., 779 F.Supp.2d 166 (D. Me. 2011). Though this court believes the Law Court would likely hold that punitive damages may be available in a medical malpractice action, the Law Court would not do so based on the facts of this case.
Similarly, this court is satisfied that the Law Court would adopt Restatement (Second) of Torts §925 that requires that a decedent's gross earnings be reduced to reflect a decedent's own living expenses. In this case, during the discovery period, the Plaintiff produced no evidence that would allow the jury to make such a calculation. Without such evidence, the Defendants are entitled to judgment as a matter of law on that portion of the Plaintiff's claim.
The Plaintiff has withdrawn the fraud claim. It is ORDERED that, by agreement of the parties, Count III will not be presented to the jury.
The Clerk is directed to incorporate this Order by reference into the docket for this case, pursuant to Rule 79(a), Maine Rules of Civil Procedure.