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TOLLIVER v. DEPARTMENT OF TRANSP.

Docket: Cum-06-687.

948 A.2d 1223 (2008)

2008 ME 83

Robert L. TOLLIVER Jr., as sole guardian and conservator of Lucas E. Tolliver v. DEPARTMENT OF TRANSPORTATION.

Supreme Judicial Court of Maine.

Decided: May 13, 2008.

Attorney(s) appearing for the Case

James M. Bowie, Esq. (orally), Lisa Fitzgibbon Bendetson, Esq., Thompson & Bowie, LLP, Portland, ME, for the Maine Department of Transportation.

Peter J. Rubin, Esq., Daniel J. Mitchell, Esq. (orally), Todd S. Holbrook, Esq., Bernstein Shur, Portland, ME, for Robert S. Tolliver.

Dissent: SILVER, J.

LEVY, J.

[¶ 1] The Maine Department of Transportation (MDOT) appeals from a judgment entered in the Superior Court (Cumberland County, Delahanty, J.) after a jury verdict finding it liable for negligence. MDOT contends that the court erred in (1) finding that it was not immune from suit under the Maine Tort Claims Act, 14 M.R.S. §§ 8101-8118 (2007),1 and (2) allowing certain...

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