Thе Plaintiffs, Lisa and Susan Goodine, appeal from an order of the Superior Court (Cumberland County) dismissing their complаint against the Defendants, the State of Maine and the City of Portland, under the Maine Tort Claims Act, 14 M.R.S.A. § 8104(4), and against the City under the highway defect statute, 23 M.R.S.A. § 3655, for injuries sustained in a motor vehicle accident on Route 1-295 at Tukey’s Bridge in Portland. We сonclude that the action was properly dismissed as to the State but not as to the City.
The mishap occurred on February 18, 1982, when an automobile in which the Plaintiffs were passengers struck a disabled vehicle in the northbound lane of Interstate 295 at Tukey’s Bridge, careened across the highway and plunged over the snow-covered guardrail on the east side of the bridge into the harbor some fifty feet below. The Plaintiffs allege in their complaint that thе Defendants’ negligence in plowing Interstate 295 caused snow and ice to accumulate along the guardrail at the edge of the bridge, thereby transforming it into an icy ramp which, rather than containing the automobile safеly within the roadway, actually propelled it over the embankment, rendering both the mishap and the Plaintiffs’ injuries far more serious than they otherwise would have been.
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Section 8104(4) is one of the express statutory exceptions to the general rule of governmental immunity from tort claims set forth in 14 M.R.S.A. § 8103(1) (1980).
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As such, it must be narrowly construed.
Clockedile v. State Department of Transportation,
Arising out of and occurring during the performance of construction, street cleaning or repair operations on any highway, ... [or] bridge ... including appurtenances necessary for the control of such ways including but not limited to .. . guardrails.
(Emphasis added). The Plaintiffs contend that the term “street cleaning” in a general sense encompasses сlearing the streets of ice and snow. We do not agree.
Words such as these which are not expressly definеd in the statute must be given their plain and natural meaning and should be construed according to their natural import in сommon and approved usage.
Town of Arundel v. Swain,
Moving on to the second ground upon which the Plaintiffs assert their claim for relief, 23 M.R.S.A. § 3655 (Supp.1982-1983) authorizes recovery from a county or town by any person who receives bodily injury or property damage “through
any defect or want of repair or sufficient railing
in any highway, ... or bridge.” (Emphasis аdded). The Plaintiffs here allege that the build-up of snow and ice rendered the guardrail on Tukey’s Bridge ineffective аnd insufficient to contain a vehicle within the
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roadway. Such an allegation clearly states a claim under sеction 3655 upon which relief can be granted. Indeed, in
Thorbjohnson v. Rockland-Rockport Lime Co., Inc.,
The entry is:
Judgment of dismissal affirmed as to thе Defendant, State of Maine, and vacated as to the Defendant, City of Portland.
Remanded for further proceedings consistent with the opinion herein.
All concurring.
Notes
. 14 M.R.S.A. § 8103(1) states in pertinent part:
Except as otherwise expressly provided by statute, all governmental entities shall be immune from suit on any and all tort claims seeking recovery of damages.
By way of illustration, section 8103(2)(J) further provides that governmental entities shall not be liable for any claim which results from:
Any defect, lack оf repair or lack of sufficient railing in any highway, town way, ... [or] bridge, ... including appurtenances necessary for the control of such ways including but not limited to ... guardrails, except as provided in section 8104, subsection 4, and in Title 23, seсtion 3655.
. State and municipal officials are not required to clean the streets of snow and ice, but merely to plow and sand the roads, removing the snow to the outside edges of the shoulders. See 23 M.R.S.A. §§ 1001, 1003 (Supp. 1982-1983).
.The Legislature has expressly exempted the State and municipalities from liability “for accidents while the road surface is сovered with snow or ice.” 23 M.R.S.A. § 1005-A(1) (Supp. 1982-1983). Although not directly applicable to the facts of this case, the enаctment of such a provision is further evidence of the Legislature’s intent to preserve governmental immunity from сlaims such as the Plaintiffs’ given that it is impossible, even with proper snow removal procedures, to eliminate hаzardous winter driving conditions in Maine.
. We need not decide, and we intimate no opinion whatsoever, as to whether improper plowing alone might render the guardrail insufficient.