Martin v. Town of Windham
This text of Martin v. Town of Windham (Martin v. Town of Windham) is published on Counsel Stack Legal Research, covering Superior Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
STATE OF MAINE SUPERIOR COURT CUMBERLAND, ss CIVIL ACTION Docket No. CV-16-80 /
CATHERINE F. MARTIN,
Plaintiff ORDER ON DEFENDANT'S V. MOTION TO DISMISS
TOWN OF WINDHAM,
Defendant
Before the court is defendant's motion to dismiss plaintiff's complaint, in which
plaintiff alleges that defendant destroyed her boat and damaged her raft by plowing a
nearby dirt road . Plaintiff's claim is subject to the Maine Tort Claims Act. 14 M .R.S .
§ 8104-A(l) (2015). The Act requires plaintiff to file a written notice within 180 days
after her claim accrues. 14 M .R.S. § 8107(1) (2015). Her claim accrued in February or
March of 2014. (See 9 / 14 / 15 Statement of Claim.) There is no evidence in the record
that plaintiff filed a written notice. Failure to comply with the notice provision bars
plaintiff's claim. Deschenes v. City of Sanford, 2016 ME 56, The entry is Defendant's Motion to Dismiss is GRANTED. Dated: June 7, 2016 ancy Mills Justice, Superio STATE OF MAIN£ Cumberland . ss . Clerk's Office JUN 07 2016 RECEIVED . 1
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