166 A.3d 119
Me.2017Background
- On Jan. 26, 2010, Maine State Police Lt. Arthur Murdock attempted a left turn from westbound Skyway Drive across two lanes of eastbound traffic into a State Police barracks parking lot.
- Martin Thorne was stopped in the inside eastbound lane; Thorne made eye contact and gestured (a "wave-on") to Murdock, then checked his mirrors and waved Murdock across his lane.
- Murdock pulled in front of Thorne into the inside lane, inched forward, looked for traffic in the outside eastbound lane, and then attempted to cross; his cruiser was struck from behind by a vehicle in the outside lane, injuring Murdock.
- Murdock admitted in deposition that he slowed, inched forward, and made his own determination that the outside lane was clear before completing the turn, and that one cannot rely solely on another driver’s gesture.
- Murdock sued Thorne (negligence) and the Department of Public Safety (underinsured motorist coverage); the trial court granted summary judgment for Thorne and DPS, and Murdock appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Thorne’s "wave-on" was the proximate cause of Murdock’s injuries (negligence causation) | Murdock: a jury could infer he relied on Thorne’s gesture when making the left turn across both lanes | Thorne: Murdock testified he made an independent assessment and did not rely on the gesture before crossing the outside lane | Court: No prima facie causation; summary judgment for Thorne affirmed |
| Whether DPS must provide underinsured motorist (UM) coverage to Murdock | Murdock: entitled to recover UM benefits from DPS because of Thorne’s negligence | DPS: UM coverage not due/other defenses; but principal defense was that there is no recovery if negligence claim fails | Court: Because negligence claim fails, Murdock cannot recover UM benefits; summary judgment for DPS affirmed |
Key Cases Cited
- Mastriano v. Blyer, 779 A.2d 951 (Me. 2001) (prima facie negligence requires duty, breach, causation, damages)
- Merriam v. Wanger, 757 A.2d 778 (Me. 2000) (proximate cause requires evidence that negligent act foreseeably produced injury)
- Zip Lube, Inc. v. Coastal Sav. Bank, 709 A.2d 733 (Me. 1998) (party cannot create conflict at summary judgment with affidavit contradicting clear deposition testimony)
- Kemp v. Armstrong, 392 A.2d 1161 (Md. Ct. Spec. App. 1978) (driver’s independent, albeit negligent, determination that way was clear defeats reliance on another’s gesture)