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BENHAM v. MORTON & FURBISH AGENCY

929 A.2d 471 (2007)

2007 ME 83

Kathleen BENHAM v. MORTON & FURBISH AGENCY et al.

Supreme Judicial Court of Maine.

Decided: July 10, 2007.

Attorney(s) appearing for the Case

Robert A. Laskoff, Scott A. Quigley (orally), Julia T. Greenleaf, Laskoff & Associates, Lewiston, for plaintiff.

Jonathan W. Brogan (orally), Sherry L. Abbott, Norman, Hanson & DeTroy, LLC, for defendant, Morton & Furbish Agency.

Wendell G. Large (orally), Carol I. Eisenberg, Richardson, Whitman, Large & Badger, Portland, for defendants.

Panel: SAUFLEY, C.J., and CLIFFORD, ALEXANDER, CALKINS, LEVY, SILVER, and MEAD, JJ.

MEAD, J.

[¶ 1] Kathleen Benham appeals from a summary judgment entered in the Superior Court (Franklin County, Jabar, J.) in favor of Morton & Furbish Agency and Aline and Rheal Caron on Benham's complaint for negligence and breach of warranty of habitability. Benham contends that the court erred when it determined that a landlord and tenant relationship existed in regard to the rented cottage where Benham was injured, and that because of this relationship...

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