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Simon v. Kennebunkport

Supreme Judicial Court of Maine
417 A.2d 982 (Me. 1980)


Facts

Simon (plaintiff) was walking on a sidewalk in the town of Kennebunkport (defendant) when she tripped and fell and broke her hip. Simon brought a negligence suit against the town and sought to establish the defective nature of the sidewalk through introduction of testimony of two individuals who worked in the building in front of where she fell. They planned to testify that over the previous two years about 100 people stumbled or fell in the exact same spot on the sidewalk in the same weather conditions. The Superior Court of York County excluded this testimony and ruled in favor of the town. Simon appealed.

Rule of Law

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Issue

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Holding and Reasoning (Glassman, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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