 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
MUELLER v. PENOBSCOT VALLEY HOSP.3/8/1988
Plaintiff, Mark Mueller, appeals from a judgment of the Superior Court, Penobscot County, in favor of the defendants, Penobscot Valley Hospital and Francis P. Kirley. On appeal plaintiff argues that the Superior Court erred in granting summary judgment based on plaintiff's failure to comply with the Maine Tort Claims Act's 180-day notice provision (14 M.R.S.A. § 8107 (1980)) because the provision is inapplicable to his tort action against defendant Kirley and to his claims against both defendants for breach of contract and deprivation of liberty under 42 U.S.C. § 1983 (1981). We affirm the judgment in part and vacate and remand it in part.
I.
From October of 1973 until August of 1978, Mark Mueller worked as a certified nurse anesthetist at Penobscot Valley Hospital (P.V.H.). In 1978, a dispute developed between Mueller and P.V.H. concerning Mueller's alleged insubordination, billing practices and record-keeping with regard to pharmaceuticals. P.V.H. suspended Mueller effective August 9, 1978, and shortly thereafter he resigned. On October 10, 1978, the plaintiff and P.V.H.'s administrator
In November 1983, plaintiff took a job at St. Anthony's Hospital in Alton, Illinois , as a nurse anesthetist. As part of the employment process he signed an "information release" that authorized the recipient to give St. Anthony's any information concerning the plaintiff's professional and ethical qualifications, competence and personal character. A request for information was sent by St. Anthony's to P.V.H. and in a letter dated December 14, 1983, Kirley, then administrator of P.V.H., responded stating that "I cannot recommend Mr. Mueller due to his questionable character and dishonest behavior during his term at our institution." Shortly after St. Anthony's receipt of the unfavorable letter of recommendation, the plaintiff was relieved of his position. He also alleges that his mother telephoned Kirley on or about December 27, 1983, seeking an employment reference and was told that the plaintiff's file contained something concerning drugs, but that the matter was resolved out of court.
On December 9, 1985, almost two years later, the plaintiff commenced this action. His amended complaint against defendants P.V.H. and Kirley contains allegations of slander (Count I); tortious interference with an advantageous business relationship (Count II); breach of contract (Count III); and deprivation of liberty without due process of law premised upon 42 U.S.C. § 1983 (1981)(Count IV). Motions by both defendants for summary judgment on all counts were granted by the Superior Court in a written order dated January 16, 1987, on the ground that the plaintiff had failed to file a notice of claim within the 180-day period as required under the Maine Tort Claims Act (14 M.R.S.A. § 8107 (1980)). It is from this order that the plaintiff appeals.
II.
The first issue raised by the plaintiff on appeal is whether the notice provisions of the Maine Tort Claims Act (14 M.R.S.A. § 8107 (1980)), apply to Kirley for the causes of action sounding in tort alleged in Counts I and II of the amended complaint. Relevant portions of the notice provisions provide as follows:
1. Notice requirements for filing. Within 180 days after a
cause of action against a governmental entity accrues, or at a
later time within the limits of section 8110, when a claimant
shows good cause why notice could not have reasonably been
filed within the 180-day limit, a claimant or his personal
representative shall file a written notice . . .
4. Substantial notice compliance required. No claim or action
shall be commenced against a governmental entity or employ
Page 1 2 3 4 Maine Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|