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BEALE v. CHISHOLM6/4/1993
0), and a claim for the conscious pain and suffering of a decedent demands a factual determination that the decedent experienced a period of conscious pain and suffering prior to death. 18-A M.R.S.A. § 2-804(c). Since these factual findings were not essential to the validity of the manslaughter conviction, Chisholm is not precluded from challenging these allegations in the present action.
Nor is Chisholm precluded from challenging the issue of his liability for Robert Beale's
Beale futher contends that Chisholm's conviction establishes that Robert Beale's negligence, if any, must have been of a lesser degree than Chisholm's. We disagree. Pursuant to the Maine Comparative Negligence Act, 14 M.R.S.A. § 156 (1980), there are "two separate and distinct procedures [in a civil negligence action], the first which may be viewed as the liability
In the context of the criminal proceedings against Chisholm, it was not essential to his conviction that the relative causative fault of Robert Beale and of Chisholm be determined. Accordingly, Chisholm is not precluded from litigating that issue in the present proceedings in which the award of damages, if any, necessitates its determination. Since there are genuine issues of material fact both as to liability and damages in the present case, the trial court erred in determining that Stephen E. Beale was entitled to summary judgments as a matter of law.
The entry is:
Judgments vacated. Remanded to the Superior Court for further proceedings consistent with the opinion herein.
All concurring.
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