MUELLER v. PENOBSCOT VALLEY HOSP.


538 A.2d 294 (1988)

Mark S. MUELLER v. PENOBSCOT VALLEY HOSPITAL, et al.

Supreme Judicial Court of Maine.

Decided March 8, 1988.


Attorney(s) appearing for the Case

Charles W. March (orally), Stephen P. Sunenblick, Sunenblick, Fontaine & Reben, Portland, for plaintiff.

George Z. Singal (orally), Gross, Minsky, Mogul & Singal, Bangor, for Hospital.

Arlyn H. Weeks (orally) Preti, Flaherty, Beliveau & Pachios, Portland, for Kirley.

William R. Stokes (orally), Asst. Atty. Gen., Augusta, amicus curiae.

Before McKUSICK, C.J., and NICHOLS, ROBERTS, WATHEN, SCOLNIK and CLIFFORD, JJ.


SCOLNIK, Justice.

Plaintiff, Mark Mueller, appeals from a judgment of the Superior Court, Penobscot County, in favor of the defendants, Penobscot Valley Hospital and Francis P. Kirley. On appeal plaintiff argues that the Superior Court erred in granting summary judgment based on plaintiff's failure to comply with the Maine Tort Claims Act's 180-day notice provision (14 M.R.S.A. § 8107 (1980)) because the provision is inapplicable to his tort action against defendant...

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