466 A.2d 1261 (Me. 1983), Poirier v. Hayes

Citation466 A.2d 1261
Opinion JudgeWATHEN,
Party NameBrian K. POIRIER v. Pearl E. HAYES.
AttorneyTanous & Beaupain, Norman S. Heitmann, III (orally), East Millinocket, for plaintiff. Twitchell, Linscott & Badger, Frederick J. Badger, Jr. (orally), Bangor, for defendant.
Judge PanelBefore McKUSICK, C.J., and NICHOLS, ROBERTS, VIOLETTE, WATHEN and GLASSMAN, JJ.
Case DateOctober 25, 1983
CourtSupreme Judicial Court of Maine

Page 1261

466 A.2d 1261 (Me. 1983)

Brian K. POIRIER

v.

Pearl E. HAYES.

Supreme Judicial Court of Maine.

October 25, 1983

Argued Sept. 8, 1983.

Page 1262

Tanous & Beaupain, Norman S. Heitmann, III (orally), East Millinocket, for plaintiff.

Twitchell, Linscott & Badger, Frederick J. Badger, Jr. (orally), Bangor, for defendant.

Before McKUSICK, C.J., and NICHOLS, ROBERTS, VIOLETTE, WATHEN and GLASSMAN, JJ.

WATHEN, Justice.

Plaintiff Brian K. Poirier appeals from a directed verdict granted by the Superior Court (Penobscot County) at the conclusion of the plaintiff's case on the issue of liability. Plaintiff argues on appeal that the presiding justice erred in excluding proffered expert testimony concerning the rate of speed of defendant's vehicle and in granting a directed verdict in favor of defendant on the issue of liability. We conclude that there was sufficient evidence of defendant's negligence to warrant submission of the case to the jury and therefore we sustain the appeal.

Plaintiff's complaint sought recovery for personal injuries sustained by him in an accident which occurred on April 19, 1981, on Route 116 in the town of Chester. The evidence presented at trial may be summarized as follows: At approximately 1:00 a.m. plaintiff was walking in a northerly direction along the edge of the pavement on the right-hand side of the roadway. He was wearing dark clothing and was quite intoxicated, having consumed approximately fifteen drinks during the course of an evening with his wife and friends at a "bottle club" known as the Spinning Wheel.

Page 1263

Defendant, who was also a patron of the Spinning Wheel, left shortly after plaintiff and drove his vehicle north on Route 116 in the same lane of traffic in which plaintiff was walking. The portion of the road where the accident occurred had been recently repaved and the surface was dry. The roadway leading up to the point of impact was straight and the view was unobstructed. The posted speed limit was 45 miles per hour. Defendant testified that he was traveling at a speed of 30 to 35 miles per hour and that the headlights of his vehicle were dimmed. He testified that he did not see plaintiff until he suddenly appeared two to three feet in front of, and to the right of his vehicle. Defendant immediately applied his brakes, the wheels locked and the vehicle skidded to a stop. As a result of the impact...

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19 practice notes
  • 499 A.2d 464 (Me. 1985), Baker v. Mid Maine Medical Center
    • United States
    • Maine Supreme Judicial Court of Maine (US)
    • October 16, 1985
    ...every justifiable inference therefrom, in the light most favorable to the party against whom the verdict was directed. Poirier v. Hayes, 466 A.2d 1261, 1263 (Me.1983); Seiders v. Testa, 464 A.2d 933, 935 (Me.1983). If by any reasonable view of this evidence a jury verdict for the plaintiff ......
  • Shaw v. Stewart's Transfer, 072210 MEDC, CV-09-264-B-W
    • United States
    • Federal Cases United States District Courts 1st Circuit United States District Court (Maine)
    • July 22, 2010
    ...from a directed verdict of the plaintiff who, while walking on the right-hand side of the road at 1:00 a.m., was struck by a motorist. 466 A.2d 1261, 1264 (Me. 1983). The Poirier Court emphasized that the evidence “presented a jury issue as to whether defendant could have and should have se......
  • 581 A.2d 418 (Me. 1990), Joy v. Marston
    • United States
    • Maine Supreme Judicial Court of Maine (US)
    • October 18, 1990
    ...justifiable inference therefrom, in the light most favorable to the party against whom the verdict was directed." Poirier v. Hayes, 466 A.2d 1261, 1263 (Me.1983). A verdict should be directed only if a contrary verdict could not be sustained. Inniss v. Methot Buick-Opel, Inc., 506 A.2d......
  • 616 A.2d 1272 (Me. 1992), Morrill v. Morrill
    • United States
    • Maine Supreme Judicial Court of Maine (US)
    • December 3, 1992
    ...to the party against whom the verdict was directed. Bard v. Bath Iron Works Corp., 590 A.2d 152, 154 (Me.1991); Piorier v. Hayes, 466 A.2d 1261, 1263 (Me.1983). A directed verdict is improper "only if by any reasonable view of the evidence a contrary verdict could be sustained." B......
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19 cases
  • 499 A.2d 464 (Me. 1985), Baker v. Mid Maine Medical Center
    • United States
    • Maine Supreme Judicial Court of Maine (US)
    • October 16, 1985
    ...every justifiable inference therefrom, in the light most favorable to the party against whom the verdict was directed. Poirier v. Hayes, 466 A.2d 1261, 1263 (Me.1983); Seiders v. Testa, 464 A.2d 933, 935 (Me.1983). If by any reasonable view of this evidence a jury verdict for the plaintiff ......
  • Shaw v. Stewart's Transfer, 072210 MEDC, CV-09-264-B-W
    • United States
    • Federal Cases United States District Courts 1st Circuit United States District Court (Maine)
    • July 22, 2010
    ...from a directed verdict of the plaintiff who, while walking on the right-hand side of the road at 1:00 a.m., was struck by a motorist. 466 A.2d 1261, 1264 (Me. 1983). The Poirier Court emphasized that the evidence “presented a jury issue as to whether defendant could have and should have se......
  • 581 A.2d 418 (Me. 1990), Joy v. Marston
    • United States
    • Maine Supreme Judicial Court of Maine (US)
    • October 18, 1990
    ...justifiable inference therefrom, in the light most favorable to the party against whom the verdict was directed." Poirier v. Hayes, 466 A.2d 1261, 1263 (Me.1983). A verdict should be directed only if a contrary verdict could not be sustained. Inniss v. Methot Buick-Opel, Inc., 506 A.2d......
  • 616 A.2d 1272 (Me. 1992), Morrill v. Morrill
    • United States
    • Maine Supreme Judicial Court of Maine (US)
    • December 3, 1992
    ...to the party against whom the verdict was directed. Bard v. Bath Iron Works Corp., 590 A.2d 152, 154 (Me.1991); Piorier v. Hayes, 466 A.2d 1261, 1263 (Me.1983). A directed verdict is improper "only if by any reasonable view of the evidence a contrary verdict could be sustained." B......
  • Request a trial to view additional results