8 A.3d 670
Me.2010Background
- Dalton family alleges negligence, wrongful death, bystander and vicarious liability after Kevin Dalton dies dört days post robotically‑assisted mitral valve repair.
- Plaintiffs filed suit in Superior Court on June 9, 2008, against Quinn, Maine Heart Surgical Associates, Maine Medical Center, and others.
- A September 19, 2008 scheduling order barred extensions absent good cause and timely discovery.
- Daltons designated Dr. Richard Freeman as expert on December 19, 2008, but Freeman later withdrew in June 2009.
- Daltons sought an extension to designate a new expert to September 30, 2009; later hearing suggested extension would be unlikely beyond Sept 14, 2009.
- Daltons sought a second extension on September 15, 2009; the court denied in October 2009, and Quinn moved for summary judgment, granted February 8, 2010.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the second enlargement of time to designate an expert was properly denied | Dalton contends there was good cause to extend the deadline after Freeman withdrew. | Dalton had more than 120 days post-withdrawal and failed to show excusable neglect or good cause. | No abuse; denial affirmed. |
Key Cases Cited
- Johnson v. Carleton, 2001 ME 12 (Me. 2001) (review of trial court’s motion for enlargement of time; abuse of discretion standard)
- Gregory v. City of Calais, 2001 ME 82 (Me. 2001) (deference to trial court on credibility and good faith findings)
- Key Equip. Fin., Inc. v. Hawkins, 2009 ME 117 (Me. 2009) (good cause required for extended deadlines in discovery)