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SIMON v. TOWN OF KENNEBUNKPORT

417 A.2d 982 (1980)

Irene SIMON v. TOWN OF KENNEBUNKPORT.

Supreme Judicial Court of Maine.

Decided August 6, 1980.

Attorney(s) appearing for the Case

Smith, Elliott, Wood & Nelson, P. A., Terrence D. Garmey (orally), Saco, for plaintiff.

Wilson, Steinfeld, Murrell, Barton & Lane, Charles A. Lane (orally), Portland, for defendant.

Before McKUSICK, C. J., and WERNICK, GODFREY, NICHOLS, GLASSMAN and ROBERTS, JJ.

GLASSMAN, Justice.

On the morning of July 22, 1977, the appellant, Irene Simon, sustained a broken hip when she stumbled and fell while walking on a sidewalk along Ocean Avenue in Kennebunkport. The elderly woman filed a complaint under 23 M.R.S.A. § 36551 against the appellee, Town of Kennebunkport (Town), alleging that her injury was proximately caused by a defect in the design or construction of the sidewalk. Following a trial...

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