GIFFORD v. STATE, DEPT. OF TRANSPORTATION


364 A.2d 1275 (1976)

Martha GIFFORD, Administratrix of the Estate of Shirley G. Parenteau v. STATE of Maine, acting By and Through its DEPARTMENT OF TRANSPORTATION.

Supreme Judicial Court of Maine.

October 12, 1976.


Attorney(s) appearing for the Case

McEachern, Winiarski & Robbins by Duncan A. McEachern, Kittery, for plaintiff.

Thomas E. Day, Jr., Dept. of Transp., Eugene W. Murray, Asst. Attys. Gen., Augusta, for defendant.

Before DUFRESNE, C. J., and WEATHERBEE, POMEROY, WERNICK, ARCHIBALD and DELAHANTY, JJ.


PER CURIAM.

The above death action was premised on the negligence of the agents of the defendant in the maintenance of a highway barricade and warning signs alerting the motoring public of its presence.

Defendant filed an appropriate motion to dismiss asserting a) lack of consent by the State to bring the action, and b) the defense of sovereign immunity. The motion was granted without comment, from which ruling plaintiff...

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