Chiapetta v. Clark Associates

CLIFFORD, Justice.

The plaintiff, Salvador Chiapetta, appeals a judgment entered in the Superior Court, Cumberland County, dismissing his complaint on the ground that the action was barred by the six-year statute of limitations imposed by 14 M.R.S.A. § 752 (1980). We agree with the Superior Court’s determination that on the face of the complaint the plaintiff’s cause of action arose at the latest on the date of the fire destroying his Scarborough clam-processing plant, but vacate the judgment of dismissal and remand to the Superior Court for further determination under M.R.Civ.P. 56 regarding…