Milliken v. City of Lewiston

WATHEN, Justice.

Plaintiff Erica P. Milliken appeals from summary judgment entered in favor of defendant City of Lewiston in the Superior Court (Androscoggin County, Alexander, J.). Relying on the so-called “mode of operation” rule, plaintiff argues on appeal that premises liability may exist even in the absence of actual or constructive knowledge of the defect. We disagree and affirm the Superior Court’s grant of summary judgment.

Plaintiff alleged in her complaint that defendant was negligent in permitting a foreign object to remain on the floor in a public school cafeteria. The following un-…