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DASHA v. MAINE MEDICAL CENTER

665 A.2d 993 (1995)

Joseph A. DASHA III, by his guardian and next friend, Margaret S. Dasha v. MAINE MEDICAL CENTER.

Supreme Judicial Court of Maine.

Decided October 4, 1995.

Attorney(s) appearing for the Case

Terrence D. Garmey (orally), Robert H. Furbish, Smith Elliott Smith & Garmey, P.A., Portland, for Plaintiff.

Gerald F. Petruccelli (orally), Petruccelli & Martin, Portland, for Defendant.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, RUDMAN, and LIPEZ, JJ.

CLIFFORD, Justice.

Pursuant to 4 M.R.S.A. § 57 (1989) and M.R.Civ.P. 76B,1 the United States District Court for the District of Maine (Carter, C.J.) has certified the following question of state law to this court:

Whether equitable principles estop a defendant from pleading the statute of limitations as a bar to a medical malpractice action when that defendant's alleged negligent...

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