Dubail v. Department of Transportation

LIPEZ, Justice.

[¶ 1] Richard and Georgia Dubail appeal from a summary judgment entered in the Superior Court (Cumberland County, Brennan, J.) on the Department of Transportation’s motion in the Dubails’ personal injury action. The Dubails contend that the court erred by determining as a matter of law that the DOT’s alleged negligence did not occur “during the performance” of construction, street cleaning, or repair operations, within the meaning of 14 M.R.S.A. § 8104-A(4)’s exception to governmental immunity pursuant to the Maine Tort Claims Act, 14 M.R.S.A. §§ 8101-8118 (1980 & Supp.1997).…