Donovan v. City of Portland

ALEXANDER, J.,

with whom DANA and CALKINS, JJ., join dissenting.

[¶ 17] I respectfully dissent. Upon review of a grant of a motion for summary judgment, we are obligated to consider the evidence and reasonable inferences that may be drawn from the evidence in the light most favorable to the party against whom the summary judgment has been granted in order to determine if the parties’ statements of material facts and referenced evidence in the record reveal a genuine issue of material fact. Court’s opinion, ¶ 2; Lever v. Acadia Hosp. Corp., 2004 ME 85, ¶2, 845 A.2d 1178, 1179; Rogers v. Jackson,…