TURNER v. COLLINS


390 A.2d 537 (1978)

Eleanor TURNER, Administratrix of the Estate of Durward G. Turner, Durward G. Turner, Jr., David Turner and Ellen Sue Turner v. Sherman COLLINS, Francis Fitzmaurice and the State of Maine.

Supreme Judicial Court of Maine.

August 31, 1978.


Attorney(s) appearing for the Case

Pierce, Atwood, Scribner, Allen, Smith & Lancaster by John J. O'Leary, Jr. (orally), Ralph I. Lancaster, Jr., Portland, for plaintiffs.

Donald G. Alexander, Deputy Atty. Gen. (orally), Augusta, Richardson, Hildreth, Tyler & Troubh by Ronald D. Russell, Portland, for defendants.

Before POMEROY, WERNICK, ARCHIBALD, DELAHANTY, GODFREY and NICHOLS, JJ.


WERNICK, Justice.

This is a proceeding in connection with a civil action brought in relation to an automobile collision which occurred on July 7, 1971 on a State maintained highway in Farmington. The action was commenced pursuant to a special Resolve of the Maine Legislature authorizing the plaintiffs and the individual defendants herein to bring a civil action against the State of Maine with the limitation that

"[a]ny recovery in said action, including any...

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