Crowe v. Shaw

[¶ 1] Penelope and Leonard Crowe appeal from a judgment of the Superior Court (Penobscot County, Marden, J.) granting Scott Shaw’s motion for a summary judgment and entering judgment in his favor. 1

[¶ 2] On appeal, the Crowes argue that the trial court erred by determining that Shaw was not negligent, as a matter of law, because (i) he had an affirmative duty to pull to the left of the road to avoid Penelope Crowe’s oncoming vehicle; and (ii) his blood-alcohol content measured .06% approximately an hour after the collision between Crowe’s vehicle and Shaw’s vehicle. While there may be…