FOSTER v. ORAL SURGERY ASSOCIATES, P.A.


940 A.2d 1102 (2008)

2008 ME 21

Elizabeth FOSTER et al. v. ORAL SURGERY ASSOCIATES, P.A. et al.

Supreme Judicial Court of Maine.

Decided: January 31, 2008.


Attorney(s) appearing for the Case

Philip P. Mancini, Esq. (orally), Barry T. Woods, Esq., Dummond & Drummond, LLP, Portland, ME, for Elizabeth Foster and other plaintiffs.

James E. Belleau, Esq., Skelton, Taintor & Abbott, Auburn, ME, for Oral Surgery Associates, P.A. and other defendants. Craig Fonatine, Esq. (orally), Cramer, Alissi & Fontaine, P.C., Hartford, CT, for Oral Surgery Associates, P.A. and other defendants.

Christopher C. Taintor, Esq., Norman, Hanson & DeTroy, LLC, Portland, ME, for amicus curiae Maine Medical Association.

Richard L. O'Meara, Esq., Nicole L. Bradick, Esq., Murray, Plumb & Murray, Portland, ME, for amicus curiae Maine Trial Lawyers Association.

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


GORMAN, J.

[¶ 1] Elizabeth Foster appeals from a judgment entered in the Superior Court (Cumberland County, Fritzsche, J.) in favor of Oral Surgery Associates, P.A. Foster argues that: (1) the court erred by disqualifying Foster's expert witness; (2) the court erred by granting Oral Surgery Associates's motion for judgment as a matter of law; (3) the court's application of 24 M.R.S. § 2905(1)(A) (2007) is unconstitutional; (4) this Court should establish...

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