Rivard v. City of Lewiston

WATHEN, Justice.

Plaintiff Doris Rivard appeals from the granting of summary judgment to the defendant City of Lewiston by the Superior Court (Androscoggin County). The court ruled that plaintiffs action was barred by the doctrine of governmental immunity. She argues on appeal that a genuine issue of material fact remains unresolved with regard to the application of the exception to immunity created by 14 M.R.S.A. § 8104(4) (1980). We find as a matter of law that section 8104(4) is not applicable and affirm.

Plaintiff alleges that on April 3, 1981, she was walking on the sidewalk adjacent to…