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FORTIER v. LOVEJOY

520 A.2d 1303 (1987)

David FORTIER v. Edward A. LOVEJOY, Sr.

Supreme Judicial Court of Maine.

Decided February 10, 1987.

Attorney(s) appearing for the Case

Daviau, Jabar & Batten, Joseph Jabar (orally), Waterville, for plaintiff.

Richardson, Tyler & Troubh, Wendell G. Large (orally), James A. McCormack, Portland, for defendant.

Before McKUSICK, C.J., and WATHEN, GLASSMAN, SCOLNIK and CLIFFORD, JJ.

McKUSICK, Chief Justice.

In this motor vehicle negligence action plaintiff David Fortier appeals from the judgment entered by the Superior Court (Cumberland County) pursuant to a jury verdict for defendant Edward Lovejoy. We conclude that, in the special circumstances of this case, the presiding justice by admitting evidence that plaintiff had been involved in previous motor vehicle accidents exceeded the scope of the discretion vested in him by M.R.Evid. 403.

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