Legal Opinion

Stickney v. City of Portland

Supreme Judicial Court of Maine

Decided December 23, 1991PublishedCited by 1 opinion

1Opinion of the Court

ROBERTS, Justice.

Plaintiff Mark Stickney appeals from the dismissal of his complaint against defendant City of Portland by the Superior Court (Cumberland County, McKinley, A.R.J.) pursuant to M.R.Civ.P. 12(b)(6). On appeal, Stickney contends that the failure to maintain or replace a stop sign is a highway defect within the meaning of the Highway Liability for Damages Act for which the City is responsible. We disagree and affirm the judgment of the Superior Court.

The material allegations are set forth in Stickney’s complaint, which for the purposes of a Rule 12(b)(6) motion to dismiss must be…

2Cases cited3 opinions

  1. McCarthy v. Inhabitants of LeedsSupreme Judicial Court of Maine · 1917
  2. Dugan v. City of PortlandSupreme Judicial Court of Maine · 1961
  3. Hodgdon v. StateSupreme Judicial Court of Maine · 1985

3Cited by1 opinion

  1. Rich v. DEPARTMENT OF MARINE RESOURCESSupreme Judicial Court of Maine · 2010

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