McILROY v. GIBSON'S APPLE ORCHARD

No. Oxf-11-291.

43 A.3d 948 (2012)

2012 ME 59

James M. McILROY v. GIBSON'S APPLE ORCHARD.

Supreme Judicial Court of Maine.

Decided: May 1, 2012.


Attorney(s) appearing for the Case

Sheldon J. Tepler, Esq. , Hardy, Wolf & Downing, P.A., Lewiston, for appellant James McIlroy.

Susan B. Driscoll, Esq. , Bergen & Parkinson, LLC, Kennebunk, for appellee Gibson's Apple Orchard.

Panel: ALEXANDER, LEVY, SILVER, MEAD, GORMAN, and JABAR, JJ.


SILVER, J.

[¶ 1] James M. McIlroy appeals from the entry of a summary judgment in the Superior Court (Oxford County, Clifford, J.) in favor of defendant Gibson's Apple Orchard. The issue is whether the court erred when it concluded that a jury would have to engage in speculation to find that a roadside sign advertising Gibson's proximately caused McIlroy's motorcycle accident. We conclude that a jury could rationally find that the sign proximately caused...

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