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HARVEY v. MID-COAST HOSP.

No. CIV. 98-85-P-C.

36 F.Supp.2d 32 (1999)

Dermot and Emily HARVEY on behalf of Julian HARVEY, Plaintiffs v. MID-COAST HOSPITAL, Defendant

United States District Court, D. Maine.

January 8, 1999.

Attorney(s) appearing for the Case

Terrance R. Duddy, Richard W. Mulhern, John N. Kelly, Kelly, Remmel & Zimmerman, Portland, ME, for Plaintiffs.

Robert O. Newton, Christopher D. Nyhan, Sigmund D. Schultz, Preti, Flaherty, Beliveau & Pachios, Portland, ME, for Defendants.

MEMORANDUM OF DECISION AND ORDER

GENE CARTER, District Judge.

This is a medical malpractice action against Mid-Coast Hospital for the brain and neurological damage sustained by Julian Harvey in April of 1993. Plaintiffs in this action, Dermot and Emily Harvey ("the Harveys"), parents of Julian Harvey, have moved pursuant to Fed.R.Civ.P. 56 for summary judgment to dismiss Defendant Mid-Coast Hospital's affirmative defenses of assumption of the risk and comparative...

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