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495 A.2d 825 (1985) | Cited 250 times
... Defendant John Barry appeals his conviction, entered after a jury trial in Superior Court (Hancock County), of the Class A crime of arson. 17-A M.R.S.A. § 802(1)(A) (1983). In addition to asserting the insufficiency of the evidence to tie him to the crime, defendant contends that during trial the ...
438 A.2d 460 (1981) | Cited 196 times
... After a jury trial in Superior Court, Cumberland County, defendant Robert C. True III was convicted of three counts of rape. 17-A M.R.S.A. § 252(1). 1 On his appeal, defendant raises several hearsay objections and challenges the sufficiency of the evidence. We affirm his convictions on Counts II ...
494 A.2d 1353 (1985) | Cited 154 times
... This action arises out of the serious injuries sustained by the plaintiff in an automobile collision involving the defendant. After a jury trial, the Superior Court, Androscoggin County, entered a final judgment ordering the defendant to pay the plaintiff $50,000 in compensatory damages and $22,000 ...
425 A.2d 978 (1981) | Cited 136 times
... This appeal results from a divorce action commenced in March, 1974, in the District Court in Lewiston. The District Court awarded temporary custody of the parties' two minor children, Erlon Emerson III and Cameron Emerson, to the plaintiff-mother on April 18, 1974. Subsequently, a divorce was ...
297 A.2d 620 (1972) | Cited 115 times
... A Superior Court jury (Washington County) found defendant (whohad pleaded "not guilty" and "not guilty by reason of insanity")guilty of unlawfully killing another human being in mannerconstituting murder. 1 His appeal from the judgment ofconviction raises several points for decision. I Defendant ...
455 A.2d 914 (1983) | Cited 99 times
... Commercial Union Insurance Co., the defendant, appeals from asummary judgment rendered against it in favor of BaybuttConstruction Corp., the plaintiff in a declaratory judgmentaction in which, as the named insured of a comprehensive generalliability insurance policy issued to it by the insurance ...
401 A.2d 148 (1979) | Cited 91 times
... [EDITOR'S NOTE: THIS PAGE CONTAINED AND ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE, THEY ARE NOT DISPLAYED.] Defendants Ford Motor Credit Company (hereafter "Ford Credit") and Ford Life Insurance Company (hereafter "Ford Life") appeal from a Superior Court judgment entered on a jury ...
481 A.2d 139 (1984) | Cited 91 times
... Henry A. Taylor, III, who has been committed to Augusta MentalHealth Institute ("AMHI") since his 1979 acquittal by reason ofinsanity on two serious criminal charges, appeals to this courtfrom the denial by the Superior Court (Kennebec County) of hispetition for modified release treatment under 15 ...
444 A.2d 987 (1982) | Cited 73 times
... In Tantish v. Szendey, 158 Me. 228, 182 A.2d 660 (1962), thisCourt held that a foreign-object surgical malpractice actionaccrues, for the purpose of determining when the statute oflimitations commences, at the time of the negligent act. In soholding, we conformed to the then contemporary weight ...
414 A.2d 220 (1980) | Cited 72 times
... The Travelers Indemnity Company (Travelers), the AmericanPolicyholders' Insurance Company (API), and the Chicago InsuranceCompany (Chicago) brought this declaratory judgment action (civildocket number CV-78-311) in Superior Court, Cumberland County todetermine their obligations to defend and ...
410 A.2d 537 (1980) | Cited 67 times
... By indictment returned on January 9, 1979, the defendant,Melvin B. Lagasse, Jr., was charged with murder in violation of17-A M.R.S.A. § 201(1)(A) and (B). Following a jury trial in theSuperior Court, Androscoggin County, the defendant was foundguilty of the lesser included offense of ...
443 A.2d 932 (1982) | Cited 65 times
... Sheldon and Lisa Adams appeal from a summary judgment in favor of the defendant Buffalo Forge Company entered in Superior Court, Sagadahoc County. The plaintiffs contend that the Superior Court erred when it applied Maine law rather than the law of New York or Massachusetts. In the alternative, ...
486 A.2d 97 (1984) | Cited 65 times
... This appeal presents issues, novel in this jurisdiction, of whether an employee's action for wrongful discharge may be grounded in improper motivation on the employer's part and whether a private right of action may be implied from a statute that does not expressly authorize such a remedy. The ...
423 A.2d 512 (1980) | Cited 64 times
... On appeal from a pro forma judgment affirming a decision of the Workers' Compensation Commission, Eastern Fine Paper Company raises issues of notice and late filing as well as insufficiency of the evidence. The Commission found that the employee, Rodney L. Dunton, was totally disabled as the ...
435 A.2d 58 (1981) | Cited 63 times
... [EDITOR'S NOTE: THIS PAGE CONTAINED AND ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE, THEY ARE NOT DISPLAYED.] [EDITOR'S NOTE: THIS PAGE CONTAINED AND ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE, THEY ARE NOT DISPLAYED.] A Penobscot County jury found defendant Vinal Crocker guilty ...
397 A.2d 156 (1979) | Cited 62 times
... Dorothy Wescott, the plaintiff-appellant, appeals from asummary judgment granted by a Justice of the Superior Court infavor of the defendant-appellee, Allstate Insurance Company(Allstate). The sources in the record, upon which the trial Courtrested its decision that there existed no genuine issue ...
606 A.2d 1051 (1992) | Cited 62 times
... Thelma Bowen appeals from a summary judgment entered in the Superior Court (Hancock County, Kravchuk, J.) in favor of the Department of Human Services (DHS) and Dolores Bartley in Bowen's action for sexual discrimination, retaliatory discharge, and several related tort claims. We affirm. The facts ...
2001 Me. 158 (2001) | Cited 62 times
... Reporter of Decisions Argued: April 11, 2001 Majority: DANA, SAUFLEY, ALEXANDER, and CALKINS, JJ. Dissenting: CLIFFORD and RUDMAN, JJ. ¶1 Barbara Curtis appeals from the judgment of the Superior Court (Kennebec County, Atwood, J.) granting Lisa Gagne's 2 amended motion for summary judgment on ...
534 A.2d 1282 (1987) | Cited 61 times
... Following a jury trial, the Superior Court, Cumberland County, entered a judgment against the plaintiff, Gerald C. Gammon, and in favor of the defendants, Osteopathic Hospital of Maine, Inc. and Neal-York Funeral Home, Inc. On appeal Gammon challenges the directed verdict granted on Count I of his ...
460 A.2d 1383 (1983) | Cited 61 times
... The plaintiff, Portland Valve, Inc. (PVI), appeals a directed verdict entered in Superior Court, Cumberland County, in favor of one of the defendants, Gulf & Western Manufacturing Co. (GW). Rockwood Systems Corp. (RSC), the other defendant, cross-appeals a judgment entered in favor of PVI. We ...
596 A.2d 65 (1991) | Cited 60 times
... Lewis F. Lester appeals from a summary judgment in the Superior Court (Kennebec County, Alexander, J.). The court concluded Lester could have no recovery on his claims for libel, slander, and tortious interference with contract 1 against his former student, Mary Jane E. Powers. We affirm. Powers ...
441 A.2d 1023 (1982) | Cited 60 times
... The appellants, Russi K. and Edith Gheewalla, took the instantappeal from an order of summary judgment in the Superior Court,York County, vacating a decision by the Zoning Board of Appealsof Saco (Board) granting the appellants a zoning variance. Wereverse the summary judgment and order the zoning ...
300 A.2d 491 (1973) | Cited 60 times
... Before us for decision is an appeal, timely made, from ajudgment entered on a verdict rendered by the jury in a personalinjury action. The jury found the total damages to the plaintiff to be $12,000.00. The jury further found there was contributory fault on the part of the plaintiff and that ...
351 A.2d 845 (1976) | Cited 58 times
... The plaintiff-appellee, Northeast Investment Co., Inc.(Northeast), by complaint dated August 31, 1973, is seeking fromthe defendant-appellant, Leisure Living Communities, Inc.(Leisure Living), damages for breach of contract in the amount of$91,666.70 and specific performance of that aspect of ...
605 A.2d 609 (1992) | Cited 58 times
... Diversified Foods, Inc. (DFI), New England Sales, Inc. (NES) and Ronald C. Giguere (collectively "the Borrowers") appeal from a summary judgment of the Superior Court (Cumberland County, Lipez, J.) entered in favor of Casco Northern Bank and First National Bank of Boston ("the Banks"). After the ...
564 A.2d 383 (1989) | Cited 57 times
... Plaintiff Peerless Insurance Company (hereinafter the insurer) appeals from a summary judgment of the Superior Court (York County, Fritzsche, J.) requiring Peerless to defend Robert C. Brennon and Charles Archer d/b/a Freedom Farm Builders (hereinafter Builders) in an action instituted against them ...
622 A.2d 1151 (1993) | Cited 57 times
... Alden Hewey appeals from the judgment of conviction entered inthe Superior Court (Kennebec County, Alexander, J.) on a juryverdict finding him guilty of robbery, 17-A M.R.S.A. § 651(1)(C)(1983) 1 and from the sentence imposed by the court. Hecontends the trial court erred in denying his motion to ...
408 A.2d 1253 (1979) | Cited 56 times
... Plaintiffs Maine Human Rights Commission and two individuals,Connie Hall and Marymay Bernard, appeal from the judgment of theSuperior Court (Androscoggin County) dissolving a temporaryrestraining order and denying injunctive relief and damages.Plaintiffs brought this action in November, 1978, ...
450 A.2d 475 (1982) | Cited 56 times
... [EDITOR'S NOTE: THIS PAGE CONTAINED AND ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE, THEY ARE NOT DISPLAYED.] Plaintiff Seven Islands Land Company ("Seven Islands") brought this suit in the Superior Court (Kennebec County) to review the action of defendant Maine Land Use Regulation ...
390 A.2d 524 (1978) | Cited 54 times
... It was noontime January 27, 1971. Jean Michaud, the plaintiff,was on his way to Portland on Route 202 and was about to make aright turn to enter the driveway leading to his niece's home inNew Gloucester when his automobile was struck from the rear by amotor vehicle operated by the defendant, John ...
590 A.2d 152 (1991) | Cited 53 times
... Leon E. Bard, Jr., appeals from a final judgment entered in the Superior Court (Kennebec County) on his complaint alleging retaliatory discharge in violation of the Whistleblowers' Protection Act, breach of employment contract, wrongful discharge, and breach of implied covenant of good faith and ...
402 A.2d 846 (1979) | Cited 53 times
... [EDITOR'S NOTE: THIS PAGE CONTAINED AND ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE, THEY ARE NOT DISPLAYED.] Following a three-day jury trial in the Superior Court, Kennebec County, plaintiff Francis Poulin was awarded damages for injuries he sustained in a fall on the campus of Colby ...
639 A.2d 626 (1994) | Cited 52 times
... In this consolidated appeal, we are asked to determine whether in Title 39-A of the Maine Revised Statutes Annotated, the Legislature's intent to affect petitions pending on the effective date of the Act is clear and unequivocal. 39-A M.R.S.A. § 101-909 (Supp. 1993) (enacted by P.L. 1991, ch. 885 ...
570 A.2d 1205 (1990) | Cited 52 times
... The Superior Court (Somerset County, Smith, J.) heard a trespass and declaratory judgment action that arose from a dispute between Plaintiffs Ronald and Laurelee Currier and Defendants Gerald A. and Patricia Cyr. The dispute concerns the width and ownership of a long, narrow tract of land in ...
373 A.2d 247 (1977) | Cited 52 times
... This is an action for declaratory relief brought by American Policyholders' Insurance Company (American). The case is before us on American's appeal from the granting of summary judgment for defendant George I. Lewis (Lewis). We deny the appeal and affirm the judgment of the Superior Court as ...
659 A.2d 267 (1995) | Cited 52 times
... Plaintiffs Oceanside at Pine Point Condominium Owners Association, Bruce Bornstein, and Nancy Spencer, appeal from summary judgments entered in the Superior Court (York County) in favor of the defendant, Peachtree Doors, Inc. The plaintiffs contend that the court erred in determining that (1) their ...
527 A.2d 1304 (1987) | Cited 51 times
... James M. Dineen (Dineen) appeals from a judgment entered by the Superior Court, York County, upon a jury verdict finding that Dineen committed legal malpractice and was guilty of fraud during the course of his representation of the Jourdains in an underlying negligence action. 1 Dineen argues that ...
430 A.2d 808 (1981) | Cited 51 times
... [EDITOR'S NOTE: THIS PAGE CONTAINED AND ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE, THEY ARE NOT DISPLAYED.] [EDITOR'S NOTE: THIS PAGE CONTAINED AND ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE, THEY ARE NOT DISPLAYED.] [EDITOR'S NOTE: THIS PAGE CONTAINED AND ARE NOT AN OFFICIAL ...
266 A.2d 222 (1970) | Cited 51 times
... [EDITOR'S NOTE: THIS PAGE CONTAINED AND ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE, THEY ARE NOT DISPLAYED.] Tried by jury on a four-count indictment charging rape, fellatio, sodomy and assault and battery of a high and aggravated nature, the defendant at the conclusion of the evidence ...
451 A.2d 642 (1982) | Cited 51 times
... This case comes to the Law Court on appeal from an order of the Superior Court (Kennebec County) dismissing plaintiff Beatrice M. Beegan's suit for breach of express contract against her former dentist, James L. Schmidt. The Superior Court dismissed Beegan's present lawsuit after Dr. Schmidt argued ...
273 A.2d 504 (1971) | Cited 51 times
... On appeal. The appellant was tried by a jury upon an indictment charging him with murder of one Frank Cooper and was convicted of manslaughter. During the trial the appellant became a witness in his own behalf. He admitted that he shot and killed Cooper with a revolver but asserted unsuccessfully ...
400 A.2d 371 (1979) | Cited 50 times
... Defendant-vendor Frederick J. Small appeals from a jury verdict awarding plaintiffs-vendees Gerard and Priscilla Letellier $9,500 in damages for deceit in his sale of real estate to them. The core of the Letelliers' complaint is that Small fraudulently misrepresented the results of a soil test in ...
672 A.2d 82 (1996) | Cited 50 times
... Lola Rippett appeals from the summary judgment entered in theSuperior Court (York County, Fritzsche, J.) in favor of YorkCounty officials on her claims of defamation, intentionalinfliction of emotional distress, negligent infliction ofemotional distress, and violation of due process. Rippett ...
628 A.2d 644 (1993) | Cited 49 times
... Wayne and Alice Marquis appeal from a judgment entered in theSuperior Court (Aroostook County, Pierson, J.), on their actionfor the breach of two fire insurance contracts by Farm FamilyMutual Insurance Company. The plaintiffs contend that the courterred: (1) in concluding the evidence of lost ...
435 A.2d 1349 (1981) | Cited 49 times
... [EDITOR'S NOTE: THIS PAGE CONTAINED AND ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE, THEY ARE NOT DISPLAYED.] [EDITOR'S NOTE: THIS PAGE CONTAINED AND ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE, THEY ARE NOT DISPLAYED.] Alleging that various constitutional and evidentiary errors ...
535 A.2d 421 (1987) | Cited 49 times
... Plaintiff Eleanor Darling, personal representative of the estate of her son Frank Darling, appeals to this court the dismissal of her claims arising out of the murder by her son of his wife after he was discharged from the Augusta Mental Health Institute (AMHI) and then his suicide while an inmate ...
651 A.2d 358 (1994) | Cited 49 times
... The employer, Sears, Roebuck & Company, appeals from a decision of the Appellate Division affirming the denial by the Workers' Compensation Commission of the employer's petition for coordination of benefits. The Commission held that, pursuant to 39 M.R.S.A. § 62-B (1989), 1 an employer is not ...
404 A.2d 573 (1979) | Cited 48 times
... [EDITOR'S NOTE: THIS PAGE CONTAINED AND ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE, THEY ARE NOT DISPLAYED.] [EDITOR'S NOTE: THIS PAGE CONTAINED AND ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE, THEY ARE NOT DISPLAYED.] For the first time since the Maine Juvenile Code 1 took ...
395 A.2d 107 (1978) | Cited 48 times
... Pursuant to a Private Resolve, 1969 Me. Acts, ch. 32, 1 Louis Nadeau (Nadeau), the plaintiff, instituted suit against the State of Maine before a three-justice panel of the Superior Court. Finding that Nadeau's complaint did not state a cause of action, the panel converted the State's motion to ...
441 A.2d 1012 (1982) | Cited 48 times
... Union Mutual Fire Insurance Co. appeals from an order of the Superior Court denying its motions for summary judgment and granting the Town of Topsham's motion for summary judgment on the issue of the insurance company's duty to defend the town in a tort action. The insurance company also appeals ...
573 A.2d 16 (1990) | Cited 48 times
... In this case we consider whether a special multi-peril policy covers a polluter's expense in responding to state-ordered clean-up demands. The pollution resulted from leaking underground tanks located on the insured's property. We conclude that insurance contract language providing coverage for ...
444 A.2d 433 (1982) | Cited 47 times
... These cases, consolidated below, involve claims for personal injuries suffered by a mother and her infant son when the six month old child choked on a foreign substance contained in a jar of Beech-Nut baby food. Plaintiff Judith Culbert was spoon feeding to her son Francis the food she had ...
425 A.2d 167 (1981) | Cited 47 times
... In Superior Court, Cumberland County, Albert Lee Flick was convicted of murder, 17-A M.R.S.A. § 201. The indictment charged alternatively that Flick either intentionally or knowingly caused the death of his wife Sandra Flick (§ 201(1)(A)), or engaged in conduct which manifested a depraved ...
581 A.2d 410 (1990) | Cited 47 times
... The defendant, Lucille Atwell, appeals from the order of the Superior Court (Penobscot County, Browne, A.R.J.), denying her motion for a summary judgment based on the ground that the Maine Tort Claims Act ("the Act"), 14 M.R.S.A. § 8101-8118 (1981 & Supp. 1989), afforded her discretionary function ...
568 A.2d 829 (1990) | Cited 46 times
... Defendant Arthur Rideout appeals from the judgment of the Superior Court (Penobscot County, Beaulieu, J.) entered in favor of plaintiffs Dale and Kristine Chapman. After a non-jury trial, the court awarded damages for negligent misrepresentation. On appeal, defendant argues that the tort of ...
310 A.2d 736 (1973) | Cited 46 times
... [EDITOR'S NOTE: THIS PAGE CONTAINED AND ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE, THEY ARE NOT DISPLAYED.] [EDITOR'S NOTE: THIS PAGE CONTAINED AND ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE, THEY ARE NOT DISPLAYED.] By order of July 21, 1971, the Environmental Improvement ...
711 A.2d 842 (1998) | Cited 46 times
... Reporter of Decisions Argued: October 7, 1997 ¶1 Karen Champagne appeals from a judgment entered in the Superior Court (Kennebec County, Alexander, J.) granting Defendant Mid- Maine Medical Center's and Defendant Priscilla Hutchins' motions for a summary judgment on Champagne's notices of claim ...
565 A.2d 318 (1989) | Cited 45 times
... The question in this case is whether a police officer has "specific and articulable facts" to justify stopping and warning a driver when he observes improper driving behavior not worthy of a citation for a traffic infraction. Concluding that a civil or criminal infraction is not always essential ...
438 A.2d 247 (1981) | Cited 45 times
... The defendants, Rexford Pierce and Sandra Van Buren, appealfrom their convictions of gross sexual misconduct,17-A M.R.S.A. § 253(2)(B) (Supp. 1980), 1 a Class C crime. Van Buren, themother of the prosecutrix, was convicted as an accomplice under17-A M.R.S.A. § 57(3)(A) (Supp. 1980). 2 In case ...
300 A.2d 755 (1973) | Cited 45 times
... In the late evening of October 4, 1971, a young lady who was walking on Park Street toward York Street in Portland was attacked by a male assailant. In the ensuing struggle the assailant produced a knife and the lady suffered a chest wound and a cut finger. While she was struggling with this ...
673 A.2d 1350 (1996) | Cited 45 times
... Farm Family Mutual Insurance Company appeals from the summary judgment entered in the Superior Court (Oxford County, Calkins, J.) in favor of William and Jane Gibson on their breach of contract claim against the insurance company. Farm Family contends that pursuant to the terms of an insurance ...
419 A.2d 1035 (1980) | Cited 44 times
... The parties, formerly husband and wife, both appeal from a judgment of the Superior Court reducing Dr. Franklin R. Smith's alimony payments from $300 per week to $250 per week. We affirm the judgment and order below. On May 7, 1976, Mrs. Smith obtained a divorce from Dr. Smith in Superior Court. ...
399 A.2d 1319 (1979) | Cited 44 times
... Regina Doughty (defendant) appeals from a judgment ofconviction entered March 17, 1978 upon a jury verdict finding herguilty of perjury under 17-A M.R.S.A. § 451(1)(A). 2 We denyher appeal. The perjury indictment charged the defendant with making a material false statement under oath in the ...
395 A.2d 435 (1978) | Cited 43 times
... Richard W. Zamore and Patricia Zamore, the husband and wifeappellants, on August 15, 1973 brought suit against George D. Whitten, the appellee, inSuperior Court, Cumberland County, to recover damages for thealleged breach by Whitten of a contract to purchase theirseventy-five shares of stock in ...
310 A.2d 259 (1973) | Cited 43 times
... The plaintiff, Michael F. Towle, sued the defendant, Robert P. Aube, to recover damages for personal injuries, the total loss of his car, some loss of wages, and for other personal property damage sustained in a collision with the Aube automobile at a multiple intersection in Lewiston, Maine, where ...
238 A.2d 217 (1968) | Cited 43 times
... Forrest Anthony Rowe, appellant, at the June 1967 session ofthe Grand Jury for the County of Androscoggin, was indicted forviolation of 17 M.R.S.A. § 2107, the indictment charging him withthe embezzlement of money in the amount of one hundredtwenty-five ($125.00) dollars belonging to his employer, ...
514 A.2d 802 (1986) | Cited 43 times
... The plaintiff, Mary Rowe, appeals from an order of the Superior Court (Cumberland County) granting summary judgment in favor of the defendants, Louise Bennett and the Diocesan Human Relations Services Incorporated (hereinafter DHRS), pursuant to Rule 56 of the Maine Rules of Civil Procedure. In her ...
403 A.2d 762 (1979) | Cited 43 times
... Following a June 13, 1977 jury trial in the Superior Court, York County, a verdict of $25,500 was returned for the plaintiff, Carol Hossler, as next friend for her children, William and Kevin Dows. This appeal, brought by the defendant, John Barry, as administrator of his wife's estate, challenges ...
426 A.2d 888 (1981) | Cited 42 times
... Defendant Bernard R. Dodge has appealed from a judgment entered in the Superior Court (Washington County) in an action in which Patrons-Oxford Mutual Insurance Company is the plaintiff, and one Victor Mahar is joined as another defendant. The plaintiff sought a declaratory adjudication that it is ...
303 A.2d 794 (1973) | Cited 42 times
... This appeal from a judgment entered by a Justice of this Court acting in the Superior Court in a habeas corpus proceeding raises an important question of first impression in this State. The appellants are the natural parents of a minor child. Proceeding agreeably to the provisions of 22 M.R.S.A. ...
390 A.2d 8 (1978) | Cited 42 times
... On October 8, 1974, New England Telephone and Telegraph Company(New England) filed with the Maine Public Utilities Commission(Commission) a revision of New England's then effective scheduleof intrastate rates, tolls, and charges designed to achieve anincrease in gross annual revenues of ...
404 A.2d 564 (1979) | Cited 42 times
... This appeal presents a significant jurisdictional issue, and for us a novel one. The issue is the amenability of a non-consenting foreign corporation to a suit brought by Maine citizens in a Maine court upon a cause of action which arose beyond the borders of our state. In the winter of 1975 ...
388 A.2d 500 (1978) | Cited 41 times
... On May 26, 1976, defendant Thomas Williams was indicted in the Superior Court (Kennebec County) for the offense of terrorizing, in violation of 17-A M.R.S.A. § 210. A jury found defendant guilty as charged, and he has appealed from the judgment of conviction entered on the verdict. We deny the ...
637 A.2d 463 (1994) | Cited 41 times
... Mark A. McAfee appeals from the judgment entered in the Superior Court (Cumberland County, Lipez, J.) dismissing his complaint against defendants Warren S. Cole ("Cole") and Cole Farms Restaurant, Inc. ("Cole Farms"), pursuant to M.R.Civ.P. 12(b)(6). McAfee raises three arguments on appeal: (1) ...
373 A.2d 1221 (1977) | Cited 41 times
... The plaintiffs have appealed from a Superior Court ruling granting the defendant's motion to dismiss their complaint for "failure to state a claim upon which relief can be granted". Rule 12(b)(6), M.R.C.P. We deny the appeals. The plaintiffs, mother and minor son, are both described in the ...
326 A.2d 1 (1974) | Cited 41 times
... [EDITOR'S NOTE: THIS PAGE CONTAINED AND ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE, THEY ARE NOT DISPLAYED.] Wayne Allen Davenport was convicted of committing an assault and battery of a high and aggravated nature upon the person of one Desmond Braley in violation of 17 M.R.S.A. § 201, ...
334 A.2d 194 (1975) | Cited 41 times
... Of the many interesting issues raised by this defendant'sappeal from a judgment entered on a jury verdict in favor of theplaintiff, one issue stands out as requiring extensive analysisand discussion. The complaint alleged fraud. The defendant requested the presiding Justice to instruct the jurors ...
274 A.2d 169 (1971) | Cited 40 times
... These appeals by two of three Defendants from judgments in personal injury actions present a number of issues as to procedure, sufficiency of evidence and the correctness of the award of damages and they direct our attention once more to the question of adoption of the concept of comparative ...
631 A.2d 70 (1993) | Cited 40 times
... We are called on to decide whether a person who is diagnosed asbeing subject to compulsive sexual behavior may be considered asmentally disabled for purposes of the antidiscriminationprovisions with respect to employment within the purview of theFederal Rehabilitation Act of 1973 or the Maine Human ...
340 A.2d 31 (1975) | Cited 40 times
... [EDITOR'S NOTE: THIS PAGE CONTAINED AND ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE, THEY ARE NOT DISPLAYED.] Plaintiffs Otto and Emly Ruebsamen, father and daughter, brought an action under 14 M.R.S.A. § 6051 (4) against defendant Dale Maddocks, former husband to Emly, for abuse and ...
309 A.2d 647 (1973) | Cited 40 times
... The appellant was indicted for the murder of his estrangedwife, Teresa Lafferty. The jury determined by its verdict that hewas, in fact, guilty of murder, and the case is now before us onappeal. We deny the appeal. Our review of the issues raised on appeal must be considered in three generalized ...
676 A.2d 46 (1996) | Cited 40 times
... June Roberts Agency, Inc. appeals and Venture Properties, Inc. and Patrick Rocheleau cross-appeal from the entry of a summary judgment in the Superior Court (York County, Fritzsche, J.) in favor of Venture and Rocheleau on June Roberts's seven count complaint and in favor of June Roberts on ...
315 A.2d 200 (1974) | Cited 40 times
... [EDITOR'S NOTE: THIS PAGE CONTAINED AND ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE, THEY ARE NOT DISPLAYED.] Plaintiff, Thomas T. Walsh, instituted an action in the Superior Court (Penobscot County) and achieved judgment in his favor. The defendants 1 have appealed from the judgment. ...
356 A.2d 711 (1976) | Cited 40 times
... The defendant, Richard A. Innes, appeals from a judgment infavor of the plaintiff, Everett D. Dehahn, in the amount of$8,800.00 arising out of a civil complaint for breach ofcontract. The case was heard by a single Justice of the SuperiorCourt (Kennebec County) jury-waived. We sustain the appeal on ...
231 A.2d 441 (1967) | Cited 40 times
... The defendant owner of The Cloyester, a summer hotel located onCloyester Road in South Portland, Maine, appeals from a decree ofa single Justice permanently enjoining the operation of the hotelother than between June 1st and October 1st of each year andsubstantially restricting its activities ...
565 A.2d 997 (1989) | Cited 40 times
... [EDITOR'S NOTE: THIS PAGE CONTAINED AND ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE, THEY ARE NOT DISPLAYED.] Ten years ago we examined for the first time the principles to be applied in finding the "fair value" of a dissenting shareholder's stock under the recently enacted Maine Business ...
445 A.2d 680 (1982) | Cited 40 times
... Plaintiff appeals from the dismissal of his complaint under M.R.Civ.P. 12(b)(6) by the Superior Court (Cumberland County). Finding that the complaint states a claim for tortious interference with an economic relationship, we sustain the appeal in part. In June 1981 plaintiff brought suit in a ...
397 A.2d 562 (1979) | Cited 40 times
... Yta C. Kradoska, the plaintiff, appeals from an order enteredby the Superior Court, Waldo County, granting defendants' motionfor summary judgment. The question presented on this appeal iswhether the doctrine of res judicata bars the plaintiff's action.The appeal is sustained in part and denied in ...
482 A.2d 461 (1984) | Cited 39 times
... On this appeal, which stems from petitions for bargaining unit clarification filed by the State of Maine with the Maine Labor Relations Board, the State urges us to find or fashion an exception to the final judgment rule to permit this appeal of an interlocutory order. We decline to do so. On ...
297 A.2d 98 (1972) | Cited 39 times
... Lawrence Isaacson was a resident student of the defendantCollege when, on February 27, 1969 at approximately 6:15 in theevening on his return from supper, he slipped on an icy patch andfell to the pavement in the campus walkway between Hart Hallwhere he roomed on campus and the dining commons ...
328 A.2d 791 (1974) | Cited 39 times
... The defendant, Maine State Highway Commission (Commission), onor about April 8, 1969 caused to be recorded at the CumberlandCounty Registry of Deeds a "Notice of Layout and Taking" pursuantto 23 M.R.S.A. § 153 and 154 for the purpose of acquiring for theState of Maine easement rights in and to ...
320 A.2d 247 (1974) | Cited 39 times
... By written notice posted on a bulletin board in its plant onJanuary 23, 1973, the Plaintiff shoe company announced to itsemployees that it "is voluntarily going out of business and shallconclude all of its activities in the manufacture of shoes onFebruary 22, 1973". In fact, however, the company ...
350 A.2d 582 (1976) | Cited 39 times
... A Penobscot County jury found the defendant guilty of felonious homicide in the penalty degree of murder. The defendant has appealed. We deny his appeal. The victim was Miss Charlotte Dunn, an elderly lady, who lived alone in an apartment in Bangor. Sometime about midnight on May 31, 1971, ...
411 A.2d 391 (1980) | Cited 39 times
... Defendant husband appeals from a judgment of divorce entered in the Superior Court, Androscoggin County. He asserts error in those portions of the judgment: (a) dividing the "marital property" acquired prior to 1972; (b) ordering him to pay alimony to the wife; and (c) ordering him to pay part of ...
615 A.2d 1169 (1992) | Cited 39 times
... Plaintiff Daniel P. Guiggey appeals from two orders of the Superior Court (Aroostook County, Pierson, J.) granting summary judgment in favor of defendants Bombardier and Norsworthy's Sales and Service, Inc. (Norsworthy's) in a products liability claim. He contends that genuine issues of material ...
350 A.2d 556 (1976) | Cited 39 times
... On March 4, 1974, at approximately 8:30 P.M., a man masked by anylon stocking entered the P & J variety store in Portland,Maine. His right arm was extended and his hand was covered by anewspaper. The only other person in the store was a clerk, whom the masked man ordered to empty the cash ...
446 A.2d 1120 (1982) | Cited 39 times
... The State appeals pursuant to 15 M.R.S.A. § 2115-A (1980) and M.R.Crim.P. 37B from an order of the Superior Court (Androscoggin County) suppressing statements made by the defendant when first placed in custody. 1 We deny the appeal. I Defendant was indicted on April 14, 1981 for murder (17-A ...
363 A.2d 692 (1976) | Cited 39 times
... Separate indictments returned on May 7, 1975 to the SuperiorCourt (Kennebec County) charged defendants Ronald J. Pomerleauand David Bourgoin, respectively, with having committed theoffense of breaking and entering with intent to commit larceny(17 M.R.S.A. § 754). A consolidated trial by jury was ...
695 A.2d 1206 (1997) | Cited 38 times
... [¶ 1] Paul Searles appeals from the summary judgment enteredfor the defendants in the Superior Court (Franklin County,Marden, J.). Searles alleged that while playing basketball forSt. Joseph's College the negligence of the defendants caused himpermanent injuries and that they breached a contract ...
292 A.2d 186 (1972) | Cited 38 times
... On October 3, 1968 Fred O'Clair, the appellant, was indictedunder 17 M.R.S.A. § 754 for the crime of breaking and entering, with intent to commitlarceny, the building of Standard Auto Parts, Inc. situated atWaterville, Maine. Tried before a Kennebec County jury on June30, 1969, he was found guilty ...