Supreme Judicial Court of Maine.Argued November 7, 1988.
Decided November 22, 1988.
Appeal from the Appeal from Superior Court, York County.
Jacob Apuzzo (orally), Reagan, Adams Apuzzo, Kennebunk, for plaintiff.
Christopher C. Taintor (orally), Norman, Hanson Detroy, Portland, for defendant.
Before ROBERTS, WATHEN, GLASSMAN, CLIFFORD, HORNBY and COLLINS, JJ.
MEMORANDUM OF DECISION.
Contrary to the contention of Robert Shackford on his appeal from a summary judgment of the Superior Court (Cumberland County Brodrick, J.) in favor of Lawrence Bouchard, the trial court properly held that the 90-day tolling period of 24 M.R.S.A. § 2903
(repealed and replaced by P.L. 1985, ch. 804 § 14) was not operative because Shackford’s written notice was not served on Bouchard, and the statute of limitations for alleged negligent professional health care, see 14 M.R.S.A. § 753 (1980) (current version at 24 M.R.S.A. § 2902 (Supp. 1988)), therefore barred Shackford’s claim. Paradis v. Webber Hospital, 409 A.2d 672 (Me. 1979).
The entry is:
JUDGMENT AFFIRMED.
All concurring.
Page 359
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