Rice v. City of Biddeford

[¶ 1] In this action under the Maine Tort Claims Act, 14 M.R.S.A. §§ 8101-8119 (2003), the City of Biddeford appeals from the denial of its motion for a summary judgment by the Superior Court (York County, Brennan, J.). The City asserts that there are no disputes as to material facts and that it is immune from suit under the Maine Tort Claims Act. Because the “repair” exception to immunity under’ the Maine Tort Claims Act, 14 M.R.S.A. § 8104-A(4)(2003), does not apply to the facts of this case, the City is immune from liability under the Maine Tort Claims Act. Accordingly, we vacate the…