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KITCHEN v. CITY OF CALAIS

666 A.2d 77 (1995)

Sharon KITCHEN, et al. v. CITY OF CALAIS.

Supreme Judicial Court of Maine.

Decided October 2, 1995.

Attorney(s) appearing for the Case

Francis J. Hallissey, Machias, for Plaintiff.

Jeffrey T. Edwards, Preti, Flaherty, Beliveau & Pachios, Portland, for Defendant.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, RUDMAN, DANA and LIPEZ, JJ.

LIPEZ, Justice.

Plaintiffs Sharon and Bethany Kitchen appeal from the summary judgment entered in the Superior Court (Washington County, Alexander, J.) for the City of Calais on their complaint for negligence. The Kitchens contend that genuine issues of material fact remain and that the court erred in concluding that the Maine Tort Claims Act, 14 M.R.S.A. §§ 8101-8118 (1980 & Supp.1994) [hereinafter "Act"], protects the City from liability. We...

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