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BURNS v. CITY OF AUGUSTA

522 A.2d 361 (1987)

Timothy BURNS v. CITY OF AUGUSTA.

Supreme Judicial Court of Maine.

Decided March 10, 1987.

Attorney(s) appearing for the Case

Berman, Simmons & Goldberg, P.A., William D. Robitzek (orally) Paul F. Macri, Lewiston, for plaintiff.

Sanborn, Moreshead, Schade & Gifford Joseph J. Wathen (orally), Augusta, for defendant.

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

GLASSMAN, Justice.

Timothy Burns (Burns) appeals from an order of the Superior Court, Kennebec County, dismissing with prejudice his complaint against the City of Augusta (City) for damages incurred in an automobile accident. On appeal, Burns contends the Superior Court erred in concluding that the City's insurance policy does not cover his claim and the City is therefore immune from suit. We agree with the Superior Court and affirm the judgment.

I.

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