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THIBODEAU v. COLE

740 A.2d 40 (1999)

1999 ME 150

Gary THIBODEAU v. Victor COLE d/b/a Port Clyde General Store.

Supreme Judicial Court of Maine.

Decided October 26, 1999.

Attorney(s) appearing for the Case

Philip P. Mancini, (orally), Cloutier & Briggs, P.A., Rockport, for plaintiff.

Sally A. Morris, (orally), Freidman Babcock & Gaythwaite, Portland, for defendant.

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

RUDMAN, J.

[¶ 1] Gary Thibodeau appeals from a summary judgment entered in the Superior Court (Lincoln County, Perkins, A.R.J.) in favor of Victor Cole. Thibodeau asserts that the court erred (1) by implicitly denying his motion to amend; and alternatively, (2) in granting the summary judgment. We disagree and affirm the judgment.

I. BACKGROUND

[¶ 2] On July 31, 1993, Thibodeau slipped and fell on either a dock located next to the...

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