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O'CONNOR v. COUNSELING SERVICES, INC.

951 A.2d 78 (2008)

2008 ME 114

Timothy O'CONNOR, Personal Representative of the Estate of Tracy O'Connor v. COUNSELING SERVICES, INC., et al.

Supreme Judicial Court of Maine.

Decided: July 10, 2008.

Attorney(s) appearing for the Case

John P. Flynn, III, Esq. (orally) Troubh Heisler, Portland, ME, for Timothy O'Connor.

Mark G. Lavoie, Esq., Christopher C. Taintor, Esq. (orally), Norman, Hanson & DeTroy, LLC, Portland, ME, for Theresa Dube, LCPC and Counseling Services, Inc.

Wendell G. Large, Esq., Carol I. Eisenberg, Esq. (orally), Richardson, Whitman, Large & Badger, Portland, ME, for Brendan Kirby, M.D.

Panel: SAUFLEY, C.J., and CLIFFORD, ALEXANDER, SILVER, MEAD, and GORMAN, JJ.

GORMAN, J.

[¶ 1] Timothy O'Connor, the personal representative of the Estate of his late wife, Tracy O'Connor, appeals a partial summary judgment entered on his claims of professional negligence and wrongful death in the Superior Court (York County, Fritzsche, J.) in favor of Brendan Kirby, M.D., Theresa Dube, LCPC, and Counseling Services, Inc. (CSI). O'Connor argues that: the Superior Court erred in applying the Maine Tort Claims Act; Maine recognizes...

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