Sturgeon v. Marois Bros., Inc.
| Decision Date | 09 July 1986 |
| Citation | 511 A.2d 1065 |
| Parties | Bernice M. STURGEON, et al., v. MAROIS BROTHERS, INC. |
| Court | Maine Supreme Court |
Jackson & Pallas, Ray R. Pallas (orally), Westbrook, for plaintiff.
Richardson, Tyler & Troubh, Robert Knight (orally), Portland, for defendant.
Before McKUSICK, C.J., and NICHOLS, ROBERTS, VIOLETTE, GLASSMAN and SCOLNIK, JJ.
Bernice M. Sturgeon appeals from a summary judgment of the Superior Court, Cumberland County, entered upon the defendant's motion alleging failure to commence the action within the operative statute of limitations, 14 M.R.S.A. § 752 (1980). The complaint alleges that Marois Brothers, Inc. negligently installed, repaired or otherwise constructed a sewer system and sewer interceptor so as to cause damages to the Sturgeon home in Westbrook. Because the record before us does not establish exactly when the period of limitations commenced, we vacate the summary judgment.
In 1973 Bernice Sturgeon purchased a house at 33 Dunn Street in Westbrook. Between April 17, 1976 and January 31, 1977 Marois had a contract with the Portland Water District to install sewer interceptors in the City of Westbrook. Sturgeon alleges that sometime between those dates Marois installed a "sewer interception" for the Sturgeon home. Apparently all of the work done by Marois was within the limits of Dunn Street and not on the Sturgeon property. In March or April of 1977, shortly after the completion of the construction work, waste from the sewer drain backed up into the cellar. Sturgeon notified the Portland Water District and was advised that something must be wrong with her sewer line because the Water District system was operating properly. Sturgeon then hired a local septic contractor to clean the sewer line.
Thereafter, Sturgeon continued to notice strong foul odors coming from the sewer drain. In the spring of 1981, the drain again backed up and flooded the basement, this time causing the walls to crack and the basement floor to lift. The Portland Water District excavated the sewer lines in the roadway in front of the Sturgeon home to repair the sewer. The excavation revealed a negligently installed connector for the Sturgeon residence. The Portland Water District referred Sturgeon to the insurance company for Marois. The insurance company declined liability, and Sturgeon served her complaint on July 28, 1983.
Marois contends that the summary judgment was proper because the...
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McLaughlin v. SUPERINTENDING SCHOOL
...separate distinct events that either caused his later injuries or contributed to his then existing symptoms.6See Sturgeon v. Marois Bros., Inc., 511 A.2d 1065, 1066 (Me. 1986) (denying summary judgment when the record did not establish conclusively that the same negligent conduct that occur......
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Novak v. Mentor Worldwide LLC
...January 2010 accrual cutoff.This evidence also differentiates this action from Sturgeon v. Marois Bros. , on which Ms. Novak relies. 511 A.2d 1065 (Me. 1986) ; see Pl.'s Supp. Reply 2. In that case, the only "evidence" that the same negligent conduct had caused two injuries occurring years ......
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McNicholas v. Bickford
...action accrues. An injured party's cause of action accrues when the party suffers a judicially cognizable injury. Sturgeon v. Marois Bros., Inc., 511 A.2d 1065, 1066 (Me.1986). That injury arises "when a wrongful act produces an injury for which the plaintiff is entitled to seek judicial vi......
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Dugan v. Martel
...as a result of the cellulose dust, cracked siding, and protruding nails. Nevertheless, relying on our decision in Sturgeon v. Marois Bros., 511 A.2d 1065 (Me.1986), Dugan contends that the fact that Martel performed his allegedly negligent work in October of 1981 does not protect him from h......