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MacDONALD v. MacDONALD

412 A.2d 71 (1980)

Diane MacDONALD et al. v. Theodore MacDONALD. Chester P. PRUSINSKI v. Dorothy S. PRUSINSKI.

Supreme Judicial Court of Maine.

March 12, 1980.

Attorney(s) appearing for the Case

Willard & Kellis, Basil L. Kellis, Sanford, Smith, Elliott, Wood & Nelson, Stephen R. Lamson (orally), Karen B. Lovell, Saco, for Chester P. Prusinski.

Kenneth C. Young, Jr., Somerville, Mass. (orally), for Diane MacDonald et al.

Hunt, Thompson & Bowie, Daniel R. Mawhinney (orally), James M. Bowie, Portland, for Theodore MacDonald.

Hewes, Culley, Feehan and Beals by Richard D. Hewes (orally), Thomas J. Quinn, Portland, for Dorothy P. Prusinski.

Before McKUSICK, C. J., and WERNICK, GODFREY, GLASSMAN and ROBERTS, JJ.

WERNICK, Justice.

Before us are two cases which we consider, and decide, by a single opinion because they present the same basic issue. We are called upon to, and we do, overrule the decision of this Court in Abbott v. Abbott, 67 Me. 304 (1877). We hold that a person injured by the tortious conduct of another person is not precluded from asserting liability against the tortfeasor in a civil action solely because the tortious conduct occurred while they were...

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