Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Murdock v. Thorne

Supreme Court of Maine

June 27, 2017

ARTHUR MURDOCK
v.
MARTIN THORNE et al.

          Argued: April 12, 2017

         Cumberland County Superior Court docket number CV-2013-534

          Philip P. Mancini, Esq., Michael T. Devine, Esq., Danelle R. Milone, Esq., Andrew W. Sparks, Esq., and David J. Marchese, Esq. (orally), Drummond & Drummond, LLP, Portland, for Arthur Murdock

          Elizabeth A. Germani, Esq. (orally), Germani Martemucci & Hill, Portland, for appellee Martin Thorne

          Janet T. Mills, Attorney General, and Thomas A. Knowlton, Asst. Atty. Gen. (orally), Office of the Attorney General, Augusta, for appellee Department of Public Safety

          Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and HUMPHREY, JJ.

          JABAR, J.

         [¶1] Arthur Murdock appeals from a summary judgment entered by the trial court (Cumberland County, Warren, J.) in favor of Martin Thorne and the Maine Department of Public Safety (DPS) on Murdock's negligence claim against Thorne and his underinsured motorist claim against DPS. We affirm the judgment.

         I. BACKGROUND

         [¶2] The following facts are derived from the parties' statements of material fact and are undisputed unless otherwise noted. See Estate of Kay v. Estate of Wiggins, 2016 ME 108, ¶ 2, 143 A.3d 1290.

         [¶3] As of January 26, 2010, the date of the automobile accident in question, Arthur Murdock was serving as a lieutenant with the Maine State Police. That afternoon, Murdock traveled in a police cruiser toward his assigned State Police barracks that were located near Skyway Drive in Portland. Traveling westbound on Skyway Drive, Murdock slowed as he neared the barracks' parking lot entrance and prepared to make a left turn into the compound across two lanes of eastbound traffic. The defendant Thorne was traveling on Skyway Drive in the opposite direction.

         [¶4] When Murdock's vehicle approached Thome's, Thome's car was one of many stopped at a red light located a short distance ahead of the barracks' parking lot. Murdock made eye contact with Thorne and began to angle his cruiser in front of Thome's vehicle, which was positioned in the inside lane of eastbound Skyway Drive traffic. Thorne understood that Murdock wanted to cut across the two eastbound lanes of traffic and into the parking lot. Thorne then held up his index finger towards Murdock and proceeded to check his side view mirrors. After checking the mirrors, Thorne "waved" Murdock across his lane of traffic. Murdock proceeded to cross in front of Thome's vehicle and then "inched forward" past Thome's car to look for oncoming traffic in the outside eastbound lane. Seeing none, Murdock attempted to cross the outside eastbound lane and enter the parking lot. Shortly after crossing into the outside eastbound lane, Murdock's cruiser was struck by another vehicle traveling in the outside eastbound lane from behind where Thome's car was stopped in traffic.

         [¶5] Murdock suffered various injuries as a result of the accident. At the time of the collision, as a DPS employee, Murdock was covered under a self-insurance fund administered by the director of the Risk Management Division, which is part of the Department of Administrative and Financial Services. The Risk Management Division issues statements of self-insurance that establish the limits and scope of liability assumed by the State and its agencies. No statement of self-insurance issued at the time of the collision provided underinsured motorist coverage to DPS employees.

         [¶6] Murdock retired from the Maine State Police in June 2010. As of September 1, 2014, Murdock had received and was continuing to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.