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Lobozzo v. Progressive Casualty Ins. Co.
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MAINE SUPREME JUDICIAL COURT Reporter of Decisions
Decision: 2002 ME 42
Docket: And-01-123
Argued: September 10, 2001
Decided: March 19, 2002
Panel:SAUFLEY, C.J., and CLIFFORD, RUDMAN, DANA, ALEXANDER, and CALKINS, JJ.{*}
THERESA LOBOZZO
v.
PROGRESSIVE CASUALTY INSURANCE COMPANY
PER CURIAM
[¶1] Theresa Lobozzo appeals from the summary judgment in favor of
Progressive Casualty Insurance Company entered in the Superior Court
(Androscoggin County, Delahanty, J.) contending the court erred as a matter of
law in its interpretation of 24-A M.R.S.A. § 2902-B (2000) by misconstruing
what an insurance company must do to exclude coverage for injuries to a
motorcycle passenger. Progressive cross-appeals, contending the Superior
Court abused its discretion by excluding an affidavit as a discovery sanction.
We affirm the discovery sanction; and because the Court is evenly divided, we
affirm the summary judgment.
The entry is:
Judgment affirmed.
Attorneys for plaintiff:
Edward Rabasco Jr., Esq.
Verne E. Paradie Jr., Esq. (orally)
Gosselin, Dubord & Rabasco, P.A.
P O Box 1081
Lewiston, ME 04243-1081
Attorneys for defendant:
John J. Wall III, Esq. (orally)
Kenneth D. Pierce, Esq.
Monaghan Leahy, LLP
P O Box 7046
Portland, ME 04112-7046
FOOTNOTES******************************** {*} Wathen, C.J., sat at oral
argument and participated in the initial conference, but resigned before
this opinion was adopted.
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