Tungate v. Gardner

• Court: Superior Court of Maine
• Decided: September 4, 2001
• Docket: CUMcv-00-257
• Status: Unpublished

Opinion

aor 240 £ ry 4 i E ° STATE OF MAINE oT Rie OF San Sg SUPERIOR COURT / CUMBERLAND, ss col BEN SOF FICE CIVIL ACTION SLERR DOCKET NO. CV-00-257 ZAGONY! B. TUNGATE, Se 4 \ 08 Plaintiff ORDER ON DEFENDANT'S MOTION FOR SUMMARY Vv. JUDGMENT

WILLIAM D. GARDNER, JR.,

Defendant

The defendant seeks a summary judgment on the plaintiff’s complaint and argues that the plaintiff’s claims are barred by res judicata. There are no material issues of fact in dispute. The same parties or their privies were involved in the small claims action brought by the plaintiff in district court in 1994. A valid final judgment was entered in that action. The matters presented for decision were or might have been litigated in the prior small claims action.

See Dep’t of Human Servs. v. Comeau, 663 A.2d 46, 48-49 (Me. 1995); Northeast

Harbor Golf Club, Inc. v. Town of Mount Desert, 618 A.2d 225, 227 (Me. 1992);

Caporino v. Lacasse, 511 A.2d 445, 447-48 (Me. 1986); RESTATEMENT (SECOND) OF

JUDCMENTs § 41(1)(b) (1982); Allstate Policy, § U1. The entry is

The Defendant’s Motion for Summary Judgment is GRANTED. Judgment is entered in favor of the Defendant and against the Plaintiff on the Plaintiff's

~ ‘Uwe few Date: September 2, 2001 /[ Naricy Mills Justice, Superior Cour,

Date Filed__04-24-00 Ss __ CUMBERLAND ——CCU Docket Noo.

County

Action __ PERSONAL INJURY 0

ZAGONYI B. TUNGATE WILLIAM D. GARDNER, JR.

Plaintiff's Attomey Defendant's Attorney

DANIEL G. KAGAN ESQ 784-3576 MARK DUNLAP, ESQ. 774-7000

PO BOX 961, LEWISTON ME 04243 P. O. BOX 4600 PORTLAND, MAINE 04112-4600