HANUSEK v. SOUTHERN MAINE MED. CENTER


584 A.2d 634 (1990)

John and Gertrude HANUSEK v. SOUTHERN MAINE MEDICAL CENTER.

Supreme Judicial Court of Maine.

Decided December 26, 1990.


Attorney(s) appearing for the Case

Terrence Garmey (orally), Smith & Elliott, Portland, for plaintiffs.

Joy C. Cantrell (orally), Christopher D. Nyhan, Preti, Flaherty, Beliveau & Pachios, Portland, for defendant.

Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, CLIFFORD, COLLINS and BRODY, JJ.


CLIFFORD, Justice.

John and Gertrude Hanusek appeal the judgment of the Superior Court (York County, Brennan, J.) dismissing their medical malpractice action against Southern Maine Medical Center (SMMC) because it is barred by the statute of limitations. The Hanuseks assert that SMMC is estopped from invoking the statute of limitations as a defense because they refrained from filing their claim within the statutory period in reliance on a threatening statement...

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