MILLIKEN v. CITY OF LEWISTON


580 A.2d 151 (1990)

Erica P. MILLIKEN, et al. v. CITY OF LEWISTON.

Supreme Judicial Court of Maine.

Decided September 24, 1990.


Attorney(s) appearing for the Case

Justin W. Leary, Robert A. Laskoff, P.A., Lewiston, for plaintiffs.

Paul C. Catsos, Evan M. Hansen, Preti, Flaherty, Beliveau & Poachios, Portland, for defendant.

Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, CLIFFORD, COLLINS, and BRODY, JJ.


WATHEN, Justice.

Plaintiff Erica P. Milliken appeals from summary judgment entered in favor of defendant City of Lewiston in the Superior Court (Androscoggin County, Alexander, J.). Relying on the so-called "mode of operation" rule, plaintiff argues on appeal that premises liability may exist even in the absence of actual or constructive knowledge of the defect. We disagree and affirm the Superior Court's grant of summary judgment.

Plaintiff alleged...

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