Searle v. Town of Bucksport

JABAR, J.,

with whom ALEXANDER and SILVER, JJ., join, dissenting.

[¶ 28] I respectfully dissent from the Court’s decision. There were two sets of outdoor “permanent bleachers,” one on the home side of the football field and one on the visitors’ side. They provided the same function, they exposed the public to the same physical risks, and they imposed upon the high school the same obligation to make them safe for spectators. Yet the practical effect of the decision is that the Town of Bucksport and the Bucksport School Department are immune from liability for the bleachers on one side of the…