Lalumiere v. Miller

[¶ 1] Defendant, Edward C. Miller, III, appeals from a judgment entered in the Superior Court (Cumberland County, Brennan, J.) in favor of plaintiff, Robert G. Lalumiere. Defendant argues that the court erred in granting summary judgment as to liability on the basis of his conviction for Class A robbery in a related criminal action. We agree that at the summary judgment stage, the very limited record in this case does not conclusively establish liability for battery in the civil action. We vacate the judgment.

[¶2] Plaintiff filed a civil action against defendants, Edward C. Miller, III, and…