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Smith v. Town of Jonesboro
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MAINE SUPREME JUDICIAL COURT Reporter of Decisions
Decision: 1999 ME 55
Docket: Was-98-318
Argued: December 1, 1998
Decided: April 13, 1999
Panel:WATHEN, C.J., and CLIFFORD, DANA, SAUFLEY, ALEXANDER, and CALKINS, JJ.
EVELYN SMITH et al.
v.
TOWN OF JONESBORO
PER CURIAM
Evelyn Smith appeals from a judgment entered in the Superior Court
(Washington County, Marden, J.) granting the Town of Jonesboro's motion
for a judgment as a matter of law because the Smiths failed to present
expert testimony on whether the Town's volunteer fire department
breached its duty of care when attempting to suppress a fire in the Smiths'
house and whether that breach proximately caused the destruction of the
Smiths' house. Because the Court is evenly divided, we affirm the judgment.
The entry is:
Judgment affirmed.
Attorney for plaintiffs:
William B. Devoe, Esq., (orally)
Eaton, Peabody, Bradford & Veague, P.A.
P O Box 1210
Banghor, ME 04402-1210
Attorney for defendant:
Brett D. Baber, Esq., (orally)
Rudman & Winchell, LLC
P O Box 1401
Bangor, ME 04402-1401
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