Simon v. Town of Kennebunkport

GLASSMAN, Justice.

On the morning of July 22, 1977, the appellant, Irene Simon, sustained a broken hip when she stumbled and fell while walking on a sidewalk along Ocean Avenue in Kennebunkport. The elderly woman filed a complaint under 23 M.R.S.A. § 3655 1 against the appellee, Town of Kennebunk-port (Town), alleging that her injury was proximately caused by a defect in the design or construction of the sidewalk. Following a trial in the Superior Court, York County, the jury determined by special verdict that no defect in the sidewalk had proximately caused the appellant to fall, and judgment…