BUTLER v. KILLORAN


714 A.2d 129 (1998)

1998 ME 147

Walter K. BUTLER, III v. Paul J. KILLORAN, M.D.; Pen-Bay X-Ray Associates; and Penobscot Bay Medical Center.

Supreme Judicial Court of Maine.

Decided June 15, 1998.


Attorney(s) appearing for the Case

David D. Gregory (orally), John A. McArdle, III, Campbell & McArdle, P.A., Portland, for plaintiff.

David L. Herzer, Jr. (orally), David C. Norman, Norman, Hanson & DeTroy, Portland, for Killoran and Pen-Bay X-Ray Assoc.

Carrie A. Green (orally), Daniel Rapaport, Preti, Flaherty, Beliveau & Pachios, L.L.C., Portland, for Penobscot Bay Med. Ctr.

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


LIPEZ, Justice.

[¶ 1] Walter K. Butler, III, the personal representative of the estate of Martha Butler, appeals from the judgment entered in the Superior Court (Cumberland County, Calkins, J.) granting the Defendants' motions for a summary judgment on Butler's notice of claim for wrongful death arising from medical malpractice. Butler argues that the court erred by applying the three-year statute of limitations for professional negligence pursuant to...

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