SMITH v. TOWN OF JONESBORO


727 A.2d 352 (1999)

1999 ME 55

Evelyn SMITH et al. v. TOWN OF JONESBORO.

Supreme Judicial Court of Maine.

Decided April 13, 1999.


Attorney(s) appearing for the Case

William B. Devoe (orally), Eaton, Peabody, Bradford & Veague, P.A., Banghor, for plaintiffs.

Brett D. Baber (orally), Rudman & Winchell, LLC, Bangor, for defendant.

Before WATHEN, C.J., and CLIFFORD, DANA, SAUFLEY, ALEXANDER, and CALKINS, JJ.


PER CURIAM.

Evelyn Smith appeals from a judgment entered in the Superior Court (Washington County, Marden, J.) granting the Town of Jonesboro's motion for a judgment as a matter of law because the Smiths failed to present expert testimony on whether the Town's volunteer fire department breached its duty of care when attempting to suppress a fire in the Smiths' house and whether that breach proximately caused the destruction of the Smiths' house. Because the...

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