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Polito v. St. Joseph's Manor, Inc.

Superior Court of Maine
Jan 16, 2018
SUPERIOR COURT CIVIL ACTION DOCKET NO. CV-13-160 (Me. Super. Jan. 16, 2018)

Opinion

SUPERIOR COURT CIVIL ACTION DOCKET NO. CV-13-160

01-16-2018

NANCY POLITO, individually and as the Personal Representative of THE ESTATE OF ISABEL POLITO, Plaintiff v. ST. JOSEPH'S MANOR, INC., Defendant


STATE OF MAINE
CUMBERLAND, ss ORDER

Before the court is defendant's motion to amend the panel findings dated August 23, 2017. Defendant requests that the court replace Dr. Thomas Hattan's notation of "N/A" with his signature on question B. (Ex. A. attached to Def.'s Mot.) The panel findings were mailed to the court and the attorneys by the panel chair with a cover letter dated September 19, 2017. (Ex. B. attached to Def.'s Mot.)

Defendant argues Dr. Hattan's notation of "N/A" was a clerical mistake that must be corrected. (Def.'s Mot. 2.) The court has been given only the written argument of counsel. Even if additional materials had been presented, the deliberations and discussion of the panel and any expert testimony are "privileged and confidential." 24 M.R.S. § 2857(2) (2017). The court may not review the panel proceeding to determine whether Dr. Hattan made a clerical mistake. See Estate of Nickerson v. Carter, 2014 ME 19, ¶ 15, 86 A.3d 658.

The entry is

Defendant's Motion to Amend Panel Findings is DENIED.
Date: January 16, 2018

/s/_________

Nancy Mills

Justice, Superior Court


Summaries of

Polito v. St. Joseph's Manor, Inc.

Superior Court of Maine
Jan 16, 2018
SUPERIOR COURT CIVIL ACTION DOCKET NO. CV-13-160 (Me. Super. Jan. 16, 2018)
Case details for

Polito v. St. Joseph's Manor, Inc.

Case Details

Full title:NANCY POLITO, individually and as the Personal Representative of THE…

Court:Superior Court of Maine

Date published: Jan 16, 2018

Citations

SUPERIOR COURT CIVIL ACTION DOCKET NO. CV-13-160 (Me. Super. Jan. 16, 2018)