Estate of Patrick P. Smith v. Cumberland County
2013 ME 13
| Me. | 2013Background
- Estate of Patrick Smith appeals summary judgment favoring Cumberland County and deputy Feeney on negligence claim.
- Feeney pursued a motorcycle for traffic violations in Standish, speeds >90 mph, after seeing 47 mph in 30 mph zone.
- Motorcycle operator Smith lacked valid motorcycle operator certificate and had expired registration; pursuit intensified following Cape Road turn.
- Feeney asserts he did not collide with Smith; no physical evidence of contact between cruiser and motorcycle.
- Smith died days later from blunt force head trauma; Hall reconstruction attributed crash to Smith’s impairment, not speed.
- County policy restricted pursuits for minor violations and allowed ending pursuit when safety outweighed benefit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether discretionary function immunity bars the claim | Estate argues immunity applies to negligent operation of a vehicle in pursuit. | County/Feeney rely on discretionary-function immunity for in-action during pursuit. | No immunity under 8104-B(3) where negligent operation of motor vehicle may be outside immunity; causation remains unresolved. |
| Whether Feeney’s alleged negligence caused Smith’s crash | Evidence shows Feeney’s pursuit caused loss of control. | Record lacks proximity/evidence that Feeney’s actions caused the crash. | No causal link shown; cannot prove negligence. |
| Whether summary judgment was proper given causation gaps | Disputed facts preclude summary judgment. | Record insufficient to show Feeney caused crash; no credible proximate-cause evidence. | Summary judgment affirmed on lack of causation evidence. |
Key Cases Cited
- Norton v. Hall, 2003 ME 118 (Me. 2003) (applies discretionary function immunity in deputy high-speed context)
- Crowe v. Shaw, 2000 ME 136 (Me. 2000) (causation issues may be decided on summary judgment where no evidence of breach or causation)
- Morgan v. Marquis, 2012 ME 106 (Me. 2012) (summary judgment on causation requires record not to be speculative)
- Scott v. Harris, 550 U.S. 372 (U.S. 2007) (summary judgment on high-speed pursuit; objective reasonableness standard)
- Addy v. Jenkins, Inc., 2009 ME 46 (Me. 2009) (evidence must support each tort element; not speculative)
- Quirion v. Geroux, 2008 ME 41 (Me. 2008) (proving breach and causation requires sufficient record evidence)
- Mastriano v. Blyer, 2001 ME 134 (Me. 2001) (summary judgment when no causation shown)
- Fitzgerald v. Hutchins, 2009 ME 115 (Me. 2009) (affirming judgment on alternate independent basis)
- Bracale v. Gibbs, 2007 ME 7 (Me. 2007) (recognizes alternative bases for judgment)