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ESTATE OF SMITH v. CUMBERLAND COUNTY

Yor-12-10.

60 A.3d 759 (2013)

2013 ME 13

ESTATE OF Patrick P. SMITH v. CUMBERLAND COUNTY et al.

Supreme Judicial Court of Maine.

Decided: January 29, 2013.

Attorney(s) appearing for the Case

Harry B. Center, II, Esq. (orally), Woodman Edmands Danylik Austin Smith & Jacques, P.A., Biddeford, for appellant Estate of Patrick Smith.

Peter T. Marchesi, Esq. (orally), and Cassandra S. Shaffer, Esq. , Wheeler & Arey, P.A., Waterville, for appellees Cumberland County and Andrew Feeney.

Panel: SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, GORMAN, and JABAR, JJ.

ALEXANDER, J.

[¶ 1] The Estate of Patrick P. Smith appeals from a summary judgment of the Superior Court (York County, Fritzsche, J.) in favor of Cumberland County and Andrew Feeney on the Estate's complaint for negligence. The Estate challenges the trial court's conclusion that the County and Feeney were entitled to discretionary function immunity pursuant to the Maine Tort Claims Act, 14 M.R.S. §§ 8104-B(3), 8111(1)(C) (2012), precluding liability...

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