Myrick v. Nalchajian

STATE OF MAINE SUPERIOR COURT
SAGADAHOC, SS. Civil Action
Docket No. CV-2017-16

MARYANN MYRICK, )
as Personal Representative of the )
Estate of MICHAEL L. MYRICK, )
Plaintiff, )
)
)
v. ) ORDER ON DEFENDANTS'
) MOTION FOR PARTIAL
) SUMMARY JUDGMENT
NICOLE NALCHAJIAN, M.D., )
et al, )
Defendants. )

Pending before the court is the Defendants' Motion for Partial Summary
Judgment. For the reasons stated below, the motion is GRANTED.

As a matter of law, the facts alleged by the Plaintiff in the summary judgment
record are insufficient as a matter of law to allow a reasonable jury to conclude that Dr.
Nalchajian acted with ill will towards Michael Myrick or acted in a way that was so
outrageous that malice can be implied. The facts alleged fall well short of the
outrageous acts of the defendant in Morin v. Eastern Maine Med. Ctr., 779 F. Supp. 2d 166
(D. Me. 2011). Though this court believes the Law Court would likely hold that
punitive damages may be available in a medical malpractice action, the Law Court
would not do so based on the facts of this case.

Similarly, this court is satisfied that the Law Court would adopt Restatement
(Second) of Torts §925 that requires that a decedent's gross earnings be reduced to reflect
a decedent's own living expenses. In this case, during the discovery period, the Plaintiff
produced no evidence that would allow the jury to make such a calculation. Without
such evidence, the Defendants are entitled to judgment as a matter of law on that
portion of the Plaintiff's claim.

The Plaintiff has withdrawn the fraud claim. It is ORDERED that, by agreement
of the parties, Count III will not be presented to the jury.

The Clerk is directed to incorporate this Order by reference into the docket for
this case, pursuant to Rule 79(a), Maine Rules of Civil Procedure.

Dated: April 24, 2020
BATSC-CV-2017-00016
DOCKET RECORD
PORTLAND ME 04104-5029
Attorney for: MID COAST HOSPITAL
JAMES MARTEMUCCI - RETAINED
GERMANI MARTEMUCCI & HILL
43 DEERING STREET
PORTLAND ME 04101

Attorney for: MID COAST HOSPITAL
ROBERT HAYES - RETAINED
GERMANI MARTEMUCCI & HILL
43 DEERING STREET
PORTLAND ME 04101

BLUE WATER EMERGENCY PARTNERS LLC - RESPONDENT

Attorney for: BLUE WATER EMERGENCY PARTNERS LLC
CHRISTOPHER TAINTOR - RETAINED
NORMAN HANSON & DETROY LLC
PO BOX 4600
TWO CANAL PLAZA
PORTLAND ME 04112-4600

Filing Document: COMPLAINT Minor Case Type: MEDICAL MALPRACTICE
Filing Date: 04/24/2017

Docket Events:
04/24/2017 FILING DOCUMENT - COMPLAINT FILED ON 04/24/2017

04/24/2017 Party(s): MARYANN MYRICK PR
ATTORNEY - RETAINED ENTERED ON 02/24/2017
Plaintiff's Attorney: OWEN B PICKUS

Party(s): MICHAEL L MYRICK EST OF
ATTORNEY - RETAINED ENTERED ON 02/24/2017
Plaintiff's Attorney: OWEN B PICKUS

04/24/2017 NOTE - OTHER CASE NOTE ENTERED ON 04/24/2017
REQUEST FOR PANEL CHAIR ISSUED CHIEF JUSTICE COLE

05/01/2017 Party(s): MARYANN MYRICK PR,MICHAEL L MYRICK EST OF
SUPPLEMENTAL FILING - NOTICE OF CLAIM FILED ON 04/28/2017
Plaintiff's Attorney: OWEN B PICKUS
AMENDED NOTICE OF CLAIM FOR PROFESSIONAL NEGLIGENCE

05/10/2017 Party(s): MID COAST HOSPITAL
OTHER FILING - ENTRY OF APPEARANCE FILED ON 05/08/2017
Defendant's Attorney: JAMES MARTEMUCCI

05/10/2017 Party(s): MID COAST HOSPITAL
ATTORNEY - RETAINED ENTERED ON 05/08/2017
Defendant's Attorney: JAMES MARTEMUCCI

05/10/2017 Party(s): MID COAST HOSPITAL
Page 2 of 10 Printed on: 04/24/2020
MARYANN MYRICK PR - PLAINTIFF SUPERIOR COURT
683 BRUNSWICK ROAD SAGADAHOC, ss.
RICHMOND ME 04357 Docket No BATSC-CV-2017-00016
Attorney for: MARYANN MYRICK PR
OWEN B PICKUS - RETAINED
OWEN PICKUS DO ESQ & ASSOCIATES DOCKET RECORD
LAFAYETTE CENTER
2 STORER ST STE 200A
KENNEBUNK ME 04043

Attorney for: MARYANN MYRICK PR
AMBER L TUCKER - RETAINED
THE LAW OFFICE OF AMBER L TUCKER LLC
P.O. BOX 7542
415 CONGRESS STREET STE 206
PORTLAND ME 04112

MICHAEL L MYRICK EST OF - PLAINTIFF
C/0 MARYANN MYRICK 683 BRUNSWICK ROAD
RICHMOND ME 04357
Attorney for: MICHAEL L MYRICK EST OF
OWEN B PICKUS - RETAINED
OWEN PICKUS DO ESQ & ASSOCIATES
LAFAYETTE CENTER
2 STORER ST STE 200A
KENNEBUNK ME 04043

Attorney for: MICHAEL L MYRICK EST OF
AMBER L TUCKER - RETAINED
THE LAW OFFICE OF AMBER L TUCKER LLC
P.O. BOX 7542
415 CONGRESS STREET STE 206
PORTLAND ME 04112

TODD MYRICK - PLAINTIFF

Attorney for: TODD MYRICK
AMBER L TUCKER - RETAINED
THE LAW OFFICE OF AMBER L TUCKER LLC
P.O. BOX 7542
415 CONGRESS STREET STE 206
PORTLAND ME 04112

vs
NICOLE NALCHAJIAN - DEFENDANT

Attorney for: NICOLE NALCHAJIAN
CHRISTOPHER TAINTOR - RETAINED
NORMAN HANSON & DETROY LLC
PO BOX 4600
TWO CANAL PLAZA
PORTLAND ME 04112-4600

MID COAST HOSPITAL - DEFENDANT
C/0 RONALD SCHNEIDER JR ESQ, PO BOX 9729
Page 1 of 10 Printed on: 04/24/2020