166 A.3d 119
Me.2017Background
- On Jan. 26, 2010, State Police Lt. Arthur Murdock attempted a left turn from the inside eastbound lane of Skyway Drive into his barracks’ parking lot, crossing two eastbound lanes.
- Martin Thorne was stopped in the inside eastbound lane; he made eye contact with Murdock, gestured (a “wave-on”), and Murdock pulled in front of Thorne to the inside lane.
- Before crossing the outside eastbound lane, Murdock testified he inched forward, looked, determined the outside lane was clear, and then completed the turn; his cruiser was struck by a vehicle in the outside lane.
- Murdock sued Thorne for negligence and the Department of Public Safety (DPS) for underinsured motorist (UM) coverage; DPS had a State self-insurance fund that did not provide UM coverage.
- The trial court granted summary judgment for Thorne (no proximate causation from the wave-on) and DPS (no UM obligation under the State’s self-insurance); Murdock appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Thorne’s “wave-on” was a proximate cause of Murdock’s injuries | Murdock: A jury could infer he relied on Thorne’s gesture when making the left turn across the outside lane | Thorne: Murdock expressly made his own assessment of the outside lane and did not rely on the gesture for that crossing | Court: No — Murdock’s deposition shows he independently checked the outside lane, so no prima facie causation; summary judgment for Thorne affirmed |
| Whether DPS must provide UM benefits for Murdock via State self-insurance | Murdock: Entitled to UM recovery from DPS if he prevails on negligence against Thorne | DPS: State self-insurance statements did not provide UM coverage and are not subject to the UM statute | Court: Because Murdock cannot recover on the negligence claim, the court did not reach statutory UM issue and affirmed summary judgment for DPS |
Key Cases Cited
- Lidstone v. Green, 469 A.2d 843 (Me. 1983) (standard for viewing facts on summary judgment)
- Zip Lube, Inc. v. Coastal Sav. Bank, 709 A.2d 733 (Me. 1998) (witness cannot create factual conflict with affidavit that contradicts prior clear deposition testimony)
- Kemp v. Armstrong, 392 A.2d 1161 (Md. Ct. Spec. App. 1978) (plaintiff’s negligent independent assessment of roadway precludes finding reliance on defendant’s gesture for proximate cause)
- Gamet v. Jenks, 197 N.W.2d 160 (Mich. Ct. App. 1972) (gesture cases require evidence of reliance to establish causation)