Mastriano v. Blyer

2001 ME 134, 779 A.2d 951, 2001 Me. LEXIS 135
CourtSupreme Judicial Court of Maine
DecidedSeptember 14, 2001
StatusPublished
Cited by72 cases

This text of 2001 ME 134 (Mastriano v. Blyer) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mastriano v. Blyer, 2001 ME 134, 779 A.2d 951, 2001 Me. LEXIS 135 (Me. 2001).

Opinions

ALEXANDER, J.

[¶ 1] Rachel Mastriano1 appeals from the summary judgment entered in the Superior Court (Somerset County, Mead, C.J.) on her negligence claims against Samuel Blyer, d/b/a Blyer Taxi Service, and Clifford Groder, Jr. (collectively “BTS”), brought pursuant to Maine’s Wrongful Death Act, 18-A M.R.S.A. § 2-804 (1998), for the death of Douglas K. Dionne. Mastriano argues that the summary judgment was inappropriate because BTS owed Dionne a duty beyond providing him a safe exit from its cab, and because there remain genuine issues of material fact regarding a breach of duty. We decline Mastriano’s request to expand the special duty common carriers owe to their customers to provide a safe exit in a safe place. Accordingly, we affirm.

I. CASE HISTORY

[¶ 2] The uncontested facts presented in the parties’ statements of material facts may be summarized as follows:

[¶ 3] Douglas Dionne spent the early evening hours of August 4, 1997, drinking beer at the Elks Lodge in Skowhegan. A long-time friend, Flint Batehelder, observed Dionne drinking between 5:30 and 8:00 that evening. At approximately 8:00 P.M., Batehelder observed that Dionne’s speech began to be slurred and that he swayed on his feet. The bartender refused to serve Dionne any more liquor, and another patron called Blyer Taxi Service to give Dionne a ride home.

[¶ 4] When the taxi arrived, Batehelder walked with Dionne to the taxi. Dionne walked without physical assistance, but Batehelder observed him sway as he walked. Batehelder asked the cab driver, [953]*953Clifford Groder, Jr., to take Dionne home because he had had too much to drink. Batchelder explained that Dionne lived on East Madison Road and that Dionne would show him the way to the house. Batchel-der offered to pay the fare, but Dionne insisted on paying his own fare. When Batchelder last saw Dionne, he was speaking in a clear voice and was able to give instructions to Groder.

[¶ 5] Once in the cab, Dionne refused to give Groder directions to his house. Instead, he directed Groder to take him to the Kennebec Valley Inn. When that establishment proved to be closed, he asked Groder to take him to Bloomfield’s Tavern. Once there, Dionne paid the fare and exited the cab. Groder watched him walk safely into the tavern and left the area to attend to other business.

[¶ 6] Groder had considerable experience as a taxi operator. With regard to intoxicated passengers, Groder’s practice was as follows: (1) for passengers who were so intoxicated that they could not function, as where they had to be picked up and placed in the cab, Groder would take them to the nearest hospital; and (2) for passengers who had consumed alcohol, but could walk and give clear directions, Groder would take them to the location they dictated. Once the passengers were safely deposited at the location, Groder would leave.

[¶ 7] Around 8:30 or 9:00 p.m., Groder responded to a call from Bloomfield’s Tavern to pick up Dionne. When Groder arrived at Bloomfield’s, Dionne walked straight to the cab and gave Groder clear directions to drive him to a convenience store to purchase cigarettes. At the convenience store, Dionne walked straight into the store and Groder observed him speak with the clerk, obtain the cigarettes, pay for them, and walk from the store. Once back in the cab, Dionne directed Groder to return him to the Elks Lodge.2

[¶ 8] At the Elks Lodge, Dionne paid the fare plus a large tip, exited the taxi, and walked past his automobile. Groder related that he knew that the automobile was Dionne’s because he observed Dionne approach it, kick it, and call it a “piece of junk.” Dionne walked over to a fence near a horseshoe pit, and Groder stated that he assumed Dionne was going to reheve himself. Groder heard other voices in the area and assumed Dionne would be safe. Groder then left the Elks Lodge to resume his work. Later that evening, Dionne died in a single-car accident while driving his automobile on the East Madison Road. At the time of the accident, Dionne’s blood-alcohol content was .25. The record is silent as to what, if anything, Dionne may have had to drink after he left Groder’s cab.

[¶ 9] Mastriano sued BTS for negligence. BTS moved for a summary judgment arguing that Mastriano had not established that BTS breached any duty of care to Dionne. The Superior Court granted BTS’s motion, finding that Mastriano had “failed to raise a genuine issue of material fact to dispute Defendants’ statement that the place of discharge was reasonably safe and that the passenger/carrier relationship had ended.” The court also declined to “extend the carrier’s duty to include preventing Dionne from drinking and/or driving after safe discharge in a reasonably safe place.” Mastriano then timely appealed.

II. LEGAL ANALYSIS

[¶ 10] We review a summary judgment by examining the evidence “in the light [954]*954most favorable to the nonprevailing party to determine whether the record supports the conclusion that there is no genuine issue of material fact and that the prevailing party is entitled to a judgment as a matter of law.” Champagne v. Mid-Maine Med. Ctr., 1998 ME 87, ¶ 5, 711 A.2d 842, 844. If it is clear that BTS would prevail as a matter of law if Mastri-ano presented nothing more than what was before the court at the hearing on the motion for summary judgment, then the court was correct to enter the summary judgment. See id. ¶ 9, 711 A.2d at 845.

[¶ 11] To survive BTS’s motion for summary judgment, Mastriano must establish a prima facie case for each element of the cause of action that BTS challenges. See Corey v. Norman, Hanson & DeTroy, 1999 ME 196, ¶ 9, 742 A.2d 933, 938. A prima facie case of negligence requires a plaintiff to establish four elements: duty, breach, causation, and damages. We recently characterized these elements: “a duty owed, breach of that duty, and an injury to the plaintiff that is proximately caused by a breach of that duty.” Stanton v. Univ. of Maine Sys., 2001 ME 96, ¶ 7, 773 A.2d 1045, 1049. See also McPherson v. McPherson, 1998 ME 141, ¶ 8, 712 A.2d 1043, 1045; Searles v. Trustees of St. Joseph’s Coll., 1997 ME 128, ¶¶ 5, 6, 8, 695 A.2d 1206, 1209. “The existence of a duty is a question of law, which we review de novo.” McPherson, 1998 ME 141, ¶ 8, 712 A.2d at 1045. See also Stanton, 2001 ME 96, ¶ 8, 773 A.2d at 1049.

[¶ 12] A duty is “an obligation, to which the law will give recognition and effect, to conform to a particular manner of conduct toward another.” Budzko v. One City Ctr. Assocs. Ltd. P’ship, 2001 ME 37, ¶ 10, 767 A.2d 310, 313 (quoting Quadrino v. Bar Harbor Banking & Trust Co., 588 A.2d 303, 304 (Me.1991)). Generally, the duty at issue and its means of fulfillment can be readily identified, leaving only the question of breach for the factfinder. See Stanton, 2001 ME 96, ¶ 11, 773 A.2d at 1050. Thus, when we talk of duty, we often discuss one’s obligation to: (1) operate a motor vehicle safely; (2) provide medical or legal services competently; (3) assure that floors are not slippery; (4) warn of foreseeable risks to persons present on one’s property; or (5) otherwise conduct ourselves or our business in ways that do not cause injury to others.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

BAKER v. GOODMAN
D. Maine, 2020
Arthur Murdock v. Martin Thorne
2017 ME 136 (Supreme Judicial Court of Maine, 2017)
Patricia Grant v. Foster Wheeler, LLC
2016 ME 85 (Supreme Judicial Court of Maine, 2016)
Dexter v. Drasby
Maine Superior, 2016
Redmond v. Galli
Maine Superior, 2015
Timothy Bell v. Randall Dawson
2013 ME 108 (Supreme Judicial Court of Maine, 2013)
Estate of Patrick P. Smith v. Cumberland County
2013 ME 13 (Supreme Judicial Court of Maine, 2013)
Lougee Conservancy v. Citimortgage, Inc.
2012 ME 103 (Supreme Judicial Court of Maine, 2012)
Robbins v. Romad Co.
Maine Superior, 2011
Davis v. Dionne
2011 ME 90 (Supreme Judicial Court of Maine, 2011)
Gniadek v. Camp Sunshine at Sebago Lake, Inc.
2011 ME 11 (Supreme Judicial Court of Maine, 2011)
Hawkesorth v. B&M Constr. Co.
Maine Superior, 2010
Dyer v. Maine Drilling & Blasting, Inc.
2009 ME 126 (Supreme Judicial Court of Maine, 2009)
Simpson v. Cumberland County
Maine Superior, 2009

Cite This Page — Counsel Stack

Bluebook (online)
2001 ME 134, 779 A.2d 951, 2001 Me. LEXIS 135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mastriano-v-blyer-me-2001.