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ESTATE OF FORTIER v. CITY OF LEWISTON

Docket: And-09-422.

997 A.2d 84 (2010)

2010 ME 50

ESTATE OF Shannon J. FORTIER et al. v. CITY OF LEWISTON et al.

Supreme Judicial Court of Maine.

Decided: June 3, 2010.

Attorney(s) appearing for the Case

Edward R. Benjamin, Jr., Esq. (orally), Thompson & Bowie, LLP, Portland, ME, for the City of Lewiston.

E. Chris L'Hommedieu, Esq., Lewiston, ME, for the Estates of Nicholas Babcock and Teisha Loesburg.

Jamie R. Lebovitz, Esq., Nurenberg, Paris, Heller & McCarthy Co., L.P.A., Cleveland, OH, Randall E. Smith, Esq., Terrence D. Garmey, Esq. (orally)*, Smith Elliott Smith & Garmey, P.A., Portland, ME, for the Estates of Shannon Fortier and Teisha Loesburg.

Janet T. Mills, Atty. Gen., Christopher C. Taub, Asst. Atty. Gen. (orally), Augusta, ME, for amicus curiae Attorney General.

Robert H. Furbish, Esq., Berman & Simmons, Lewiston, ME, for amicus curiae Maine Trial Lawyers Association.

Dissent: LEVY, SILVER, and JABAR, JJ.

MEAD, J.

[¶ 1] The City of Lewiston appeals from an order of the Superior Court (Androscoggin County, Delahanty, J.) denying its motion for summary judgment in a wrongful death suit brought by the estates of three Lewiston High School students who died in a 2006 plane crash while attending an Air Force Junior Reserve Officer Training Corps (AFJROTC) summer program sponsored by the school. The City's interlocutory appeal is not barred by the final judgment...

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