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Bickford v. Ivers

Superior Court of Maine, Cumberland

October 4, 2017

ROBERT BICKFORD, et al, Plaintiffs,
v.
JAMEY IVERS, et al, Defendants.

          MARNI BICKFORD - PLAINTIFF Attorney for: MARNI BICKFORD DOUGLAS KAPLAN - RETAINED KAPLAN & GRANT

          Attorney for: MARNI BICKFORD GERALD F PETRUCCELLI - RETAINED PETRUCCELLI, MARTIN & HADDOW, LLP

          Attorney for: MARNI BICKFORD KIMBERLY WATSON - RETAINED PETRUCCELLI, MARTIN & HADDOW, LLP

          ROBERT BICKFORD - PLAINTIFF Attorney for: ROBERT BICKFORD DOUGLAS KAPLAN - RETAINED KAPLAN & GRANT

          Attorney for: ROBERT BICKFORD GERALD F PETRUCCELLI - RETAINED PETRUCCELLI, MARTIN & HADDOW, LLP

          Attorney for: ROBERT BICKFORD KIMBERLY WATSON - RETAINED PETRUCCELLI, MARTIN & HADDOW, LLP

          MAINE MUNICIPAL ASSOCIATION - DEFENDANT Attorney for: MAINE MUNICIPAL ASSOCIATION MARK FRANCO - RETAINED 02/10/2017 DRUMMOND WOODSUM

          Attorney for: MAINE MUNICIPAL ASSOCIATION TIMOTHY E STEIGELMAN - RETAINED 02/10/2017 DRUMMOND WOODSUM

          UNITED FINANCIAL CASUALTY COMPANY - DEFENDANT Attorney for: UNITED FINANCIAL CASUALTY COMPANY JAMES D POLIQUIN - RETAINED 02/01/2017 NORMAN HANSON & DETROY LLC

          JAMEY IVERS(DEFAULTED 4/24/17) - DEFENDANT

          ORDER

          Thomas D. Warren Justice.

         Before the court are motions for summary judgment brought by defendants United Financial Casualty Co. and Maine Municipal Association Property and Casualty Risk Pool.

         The facts have been stipulated for purposes of summary judgment. At a time when he was intoxicated, defendant Jamey Ivers drove a pickup truck off a road and down an embankment on Peaks Island.[1] Ivers and a passenger were both injured in the incident, which occurred around 2:30am on July 13, 2013. Plaintiff Robert Bickford is a Portland Police Officer who was dispatched to the scene. When Bickford arrived at the scene, he observed the pickup truck had come to rest down the embankment approximately 50 feet from the road.

         There was approximately a 15 foot drop from the top of the embankment to the truck. When Bickford started down the hill to render any assistance necessary, his foot ...


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