Butters v. Kane

POMEROY, Justice.

The entry of judgment n.o.v. (Rule 50(b), M.R.Civ.P.), in favor of a third-party defendant and against a defendant-third-party plaintiff has occasioned this appeal.

We deny the appeal.

The factual framework in which this litigation arose is as follows:

In 1970 two snowmobiles collided. One was operated by appellant Peter Kane; the other by appellee Robert Butters.

Beverly Butters, appellee’s wife, was a passenger in the snowmobile operated by appellee Butters. She received personal injuries in the accident.

A complaint alleging that her injuries resulted from the negligent conduct…