Dyer v. Maine Drilling & Blasting, Inc.

ALEXANDER, J.,

with whom SAUFLEY, C.J., joins, concurring in part and dissenting in part.

[¶ 41] I concur in the result of the Court’s carefully written and well-researched opinion vacating the trial court’s judgment. I do not join the Court’s opinion because, in my view, the Dyers may recover if they can prove causation under existing Maine law. Therefore, we should have no occasion to ignore the doctrine of stare decisis and cast aside existing law to (1) create a common law rule of strict liability when blasting damages are alleged, and (2) overrule prevailing precedent that already allows…