Estate of Boulier v. Presque Isle Nursing HomeAnnotate this Case
Vera Boulier fell on the premises of Presque Isle Nursing Home (PINH), where Boulier was a resident. Boulier died from the injuries she sustained from the fall. The Estate of Boulier commenced an action against PINH for professional negligence in accordance with the Maine Health Security Act. A jury determined that PINH was not liable for Boulier’s death. The Estate appealed, arguing that the superior court erred in excluding evidence of remedial measures taken by PINH after Boulier’s fall and in rejecting the Estate’s proposed jury instruction on the theory of negligent communication. The Supreme Court affirmed, holding (1) the superior court did not abuse its discretion by excluding, pursuant to Me. R. Evid. 407, the evidence of PINH’s subsequent remedial measures; and (2) the superior court did not err in refusing to instruct the jury on the issue of negligent communication because the evidence did not generate an instruction on the issue.