Ahlgren v. Fabian

[¶ 1] Defendant, Kevin Fabian, appeals from a judgment on a jury verdict entered in the Superior Court (Kennebec County, Mills, J.) in favor of plaintiff, Frederick L. Ahlgren, finding defendant negligent in the construction of plaintiffs house. This litigation began as a small claims action and was appealed to the Superior Court for a jury trial. Contrary to defendant’s contentions, the court did not err in instructing the jury on a claim of negligence. See Russell v. Accurate Abatement, Inc., 1997 ME 98, ¶ 4, 694 A.2d 921, 923. The facts alleged by plaintiff in his small claims statement of…