Stanley v. Tilcon Maine, Inc.

WATHEN, Justice.

Plaintiff Florence Stanley, individually and as mother and next friend of Laura Stanley, appeals from a summary judgment of the Superior Court (Cumberland County) rendered in favor of defendants, Tilcon Maine, Inc., Tilcon Minerals, Inc., and Tilcon Quarries Maine, Inc. The Superior Court concluded that plaintiffs claim is barred by the Recreational Use Statute (14 M.R.S.A. § 159-A (1980 & Supp.1987)).

On appeal, plaintiff contends that a minor’s claim based on the common law doctrine of attractive nuisance 1 is not barred by the statute. Alternatively plaintiff contends that…