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MORRIS v. HUNTER12/29/1994
Plaintiffs Dale A. and Dallas K. Morris appeal the Superior Court's (Knox County, Marsano, J.) grant of a summary judgment to Defendants, attorneys E. Allen Hunter, Richard D. Solman, Richard N. Solman, (collectively "Hunter"), and William J. Smith ("Smith"). We agree with plaintiffs' contention that a summary judgment was improperly granted because a genuine issue of material fact exists with respect to the extent of Dale Morris's mental disability. We vacate the judgment.
The facts as developed for purposes of the summary judgment may be summarized as follows: On February 11, 1986, Dale Morris received a right hip replacement at Aroostook Medical Center in Presque Isle. He and his wife claim that as a result of medical malpractice committed before, during and after the surgery, he suffered a stroke and permanent brain damage. At the time of the surgery and until early January 1987, Attorney Hunter represented Dale Morris in a workers' compensation claim arising out of the work-related injury to his right hip. In January 1987, plaintiff terminated his attorney-client relationship with Hunter and retained Attorney Smith, who represented him in the ongoing workers' compensation claim until late 1988 or January 1989.
On June 8, 1992, plaintiffs filed a complaint against attorneys Hunter and Smith, and their respective law firms, claiming that in the course of representing Dale Morris in the workers' compensation claim, the attorneys had the opportunity to review medical records that should have alerted them to the possibility of actions for medical malpractice and loss of consortium. Plaintiffs allege that the attorneys' failure to advise them of such potential claims constituted negligence because the claims had become barred by the statute of limitations.
In October of 1993, defendants filed a motion for a summary judgment, arguing that even if a breach of duty occurred plaintiffs suffered no harm because the statute of limitations for filing the medical malpractice and the loss of consortium claims was tolled under the tolling provision for persons with a mental disability. 14 M.R.S.A. ยง 853 (Supp. 1993). In December of 1993, plaintiffs filed a medical malpractice action against the doctors and the hospital involved in the 1986 surgery. In February of 1994, plaintiffs filed a motion to consolidate the legal and medical malpractice actions. On March 9, the Panel Chair of the Prelitigation Screening Panel for the medical malpractice action issued an order requiring the parties in the medical malpractice action to litigate the statute of limitations defense in Superior Court before submitting the case to the Panel. After a hearing on March 10, the Superior Court granted defendants' motion for a summary judgment and thereby mooted plaintiffs' motion to consolidate. Plaintiffs appeal.
Plaintiffs argue that the Superior Court erred in granting a summary judgment because
In the present case the court could grant a summary judgment only if the pleadings, depositions, and answers to interrogatories establish that there is no genuine issue as to any material fact, and that defendants are entitled to a judgment as a matter of law. M.R.Civ.P. 56(c). On appeal, we view the evidence in the light most favorable to the party against whom the judgment was entered, and review the trial court's decision for errors of law. Estate of Althenn v. Althenn, 609 A.2d 711, 714 (Me. 1992).
In order to toll the statute of limitations the evidence must establish an "overall inability to function in society that prevents plaintiffs from protecting their legal rights." McAfee v. Cole, 637 A.2d 463, 466 (Me. 1994). (emphasis in original) (citations omitted). Evidence in the rec
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