Tessier v. Ann & Hope Factory Outlet, Inc.

The plaintiffs are husband and wife who seek damages for injuries sustained when the wife stepped into a hole while alighting from her automobile in a parking lot maintained by the defendant Ann & Hope Factory Outlet, Inc. Being uncertain whether that hole was actually located in Ann & Hope’s parking lot or on an adjacent .sidewalk owned by the town of Cumberland, the plaintiffs commenced this action in the Superior Court against both Ann & Hope and the town treasurer, the latter being the town official against whom such suits are brought. The treasurer moved to dismiss on the ground that the…