Rutherford v. City of Portland

VIOLETTE, Justice.

Merton Rutherford appeals from a decision of the Superior Court, Cumberland County, after a jury-waived trial that granted judgment for the City of Portland. The court concluded that Rutherford’s negligence claims were barred by the Maine Tort Claims Act and that Rutherford failed to demonstrate a breach of his employment contract. We agree and affirm the Superi- or Court’s decision.

I

Merton Rutherford began employment with the Portland Fire Department in 1968. During the time relevant to this action, his employment contract incorporated several documents: an agreement…