DUBAIL v. DEPARTMENT OF TRANSP.


711 A.2d 1301 (1998)

1998 ME 126

Richard DUBAIL, et al. v. DEPARTMENT OF TRANSPORTATION.

Supreme Judicial Court of Maine.

Decided May 28, 1998.


Attorney(s) appearing for the Case

Philip P. Mancini, Cloutier & Briggs, P.A., Rockport, for plaintiffs.

James E. Smith, Legal Division, Department of Transportation, Augusta, for defendant.

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


LIPEZ, Justice.

[¶ 1] Richard and Georgia Dubail appeal from a summary judgment entered in the Superior Court (Cumberland County, Brennan, J.) on the Department of Transportation's motion in the Dubails' personal injury action. The Dubails contend that the court erred by determining as a matter of law that the DOT's alleged negligence did not occur "during the performance" of construction, street cleaning, or repair operations, within the meaning of 14...

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