106 A.3d 405
Me.2014Background
- Semian rode a bicycle on Route 1 in Ogunquit and was passed by a Ledgemere bus.
- At an intersection, the bus straddled lanes and then turned; Semian attempted to pass on the right and collided with the bus.
- Semian sustained extensive injuries; a jury found Ledgemere 75% negligent and Semian 25% negligent, reducing damages due to comparative fault.
- Ledgemere argued § 29-A M.R.S. § 2070 barred recovery for passing on the right and sought judgment as a matter of law.
- Ledgemere also sought a jury instruction under § 2063(2) regarding where a cyclist must ride, which the court denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does § 2070 bar recovery when a cyclist passes on the right? | Semian: statute does not immunize motorist; rider may recover after passing on the right. | Ledgemere: § 2070 creates immunity for cyclists passing on the right, absolving motorist liability. | § 2070 is ambiguous and does not by itself bar recovery; court properly denied JML |
| Should the jury have been instructed on § 2063(2) riding requirements? | Semian not required to be instructed under § 2063(2). | Ledgemere contends § 2063(2) applies because cyclist rode straight where right turns are permitted. | § 2063(2) did not apply; evidence invoked an exception and instruction was not required |
| How do § 2060(1-A) and § 2070 interact in assessing liability? | Not needed; § 2060(1-A) duty of care remains and § 2070 addresses risk assumption by cyclist. | Ledgemere argues § 2063 would govern; interruption of passing context. | Court instructed under § 2060(1-A) and § 2070; § 2063 not triggered and not required |
Key Cases Cited
- Castine Energy Const., Inc. v. T.T. Dunphy, Inc., 2004 ME 129 (2004 ME 129) (assessing improper interpretation of negligence and safety statutes)
- Strout v. Cent. Me. Med. Ctr., 2014 ME 77 (2014 ME 77) (interpretation of statutory ambiguity and extrinsic indicia of intent)
- Merrill v. Sugarloaf Mountain Corp., 2000 ME 16 (2000 ME 16) (secondary assumption of the risk doctrine in context of comparative negligence)
- Hickson v. Vescom Corp., 2014 ME 27 (2014 ME 27) (statutory construction; all words given meaning; avoid surplusage)
- Castine Energy Constr., Inc. v. T.T. Dunphy, Inc., 2004 ME 129 (2004 ME 129) (neglects in safety statutes and evidence-based negligence assessment)