Opinion

Sanford v. Town of Shapleigh

Court
Superior Court of Maine
Filed
Sep 5, 2003
Status
Unpublished
On the bench
G. Arthur Brennan
Cited by
0 cases
Authority
More cited than 34.1%

The opinion

STATE OF MAINE SUPERIOR COURT

CIVIL ACTION

YORK, ss. DOCKET NO. CV 02-330

DANIEL SANFORD,

Plaintiff

x ORDER

TOWN OF SHAPLEIGH,

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Defendant

Before this court is Defendant Town of Shapleigh’s Motion for Summary

Judgment pursuant to M. R. Civ. P. 56(c).

FACTS

Plaintiff Daniel Sanford resides in York County. Defendant, the Town of

Shapleigh (“Town”), maintains a waste transfer station located in the town of

Shapleigh, York County. This waste transfer station consists of an upper level

containing the trash compressor for household trash and a lower level where free

standing trash bins are located for disposal of demolition and recyclable materials. The

Defendant Town employs an attendant to oversee the operation at the lower level of the

waste transfer station.

On August 3, 2003, Plaintiff Sanford went to the Shapleigh waste transfer station

to dispose of some trash bags and plywood. Plaintiff Sanford initially dumped the

trash bags into the compressor on the upper level and then proceeded to the lower level

to dispose of the plywood. The attendant responsible for the lower level told Plaintiff

Sanford to place his items into the appropriate trash bins. Plaintiff Sanford proceeded

to unload a piece of plywood from his truck and lean it up against one of the free

standing trash bins located on the lower level. After completing this task, the attendant

informed Plaintiff Sanford that it was necessary for him to place the plywood inside the

trash bin. Plaintiff Sanford complied with this request and, without asking for

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assistance, lifted the piece of plywood into the trash bin. While lifting the plywood into

the bin Plaintiff Sanford ripped his bicep muscle. Due to these events, on December 9,

2003, Plaintiff Sanford filed a compliant against the Defendant Town in York County

Superior Court.

DISCUSSION

When reviewing motions for summary judgment this court must take into

account that:

[a] summary judgment is warranted when the statement of material facts

and pleadings, depositions, answers to interrogatories, admissions on file,

and affidavits, if any, cited in the statement of material facts establish that

there is no genuine issue of material fact and that a party is entitled toa

judgment as a matter of law.

Darling’s v. Ford Motor Co., 2003 ME 21, J 4, 817 A.2d 877, 879 (citing M. R. Civ. P.

56(c), (h)). In making this determination, this court will view the facts in a light most

favorable to Plaintiff Sanford, the non-moving party. Mahar v. Stonewood Transp.,

2003 ME 63, J 8, 823 A.2d 540,___. The Law Court has noted that summary judgment

is no longer an extreme remedy. Curtis v. Porter, 2001 ME 158, 7, 784 A.2d 18, 21.

Despite this, “[w]hen facts or reasonable inferences are in dispute on a material point,

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1ay not be entered.” Id. | 9.

The Maine Tort Claims Act (MTCA) provides immunity to governmental entities

from all tort claims seeking damages “[e]xcept as otherwise expressly provided by

statute.” 14 M.R.S.A. § 8103(1) (2003). An exception to this standard is delineated in 14

M.R.S.A. § 8104-A(2) (2003), which provides that “[a] governmental entity is liable for

its negligent acts or omissions in the construction, operation or maintenance of any

public building or the appurtenances to any public building.” Both parties agree that

based on these delineated statutory principles the question presented is whether the

lower level area where Plaintiff Sanford was injured qualified as an appurtenance to the

waste transfer station.

In Adriance v. Town of Standish, 687 A.2d 238 (Me. 1996), the Law Court held

that a transfer station operated by the Town of Standish was a public building for

purposes of the MTCA because it was “permanent, fully enclosed and completely open

to the public...” Id. at 240. Defendant Town attempts to distinguish Adriance from the

facts in the present case by contending that the free standing trash bin in the lower level

area was separate from and outside the actual waste transfer station. Therefore, the

trash bin did not constitute a public building or an appurtenance to a public building.

This court finds that the statements of material facts create a genuine dispute as

to whether the lower level area housing the freestanding trash bin was integral to the

transfer station’s basic purpose. For example, when a patron arrives at the facility, after

disposing of their household trash at the upper level a sign directs the patron to the

lower level to see the attendant and dispose of the rest of their trash. (PMSF { 3.)

Moreover, the scope of the trash bin’s function is significantly connected to the waste

transfer station’s function of processing waste. Hence, this court finds that the function

of the trash bin falls within the narrowly defined statutory concept of an appurtenance’

An ‘appurtenance’ has been defined as ‘that which belongs to something else; an

adjunct; an appendage; something annexed to another thing more worthy as

principal, and which passes as incident to it, as a right of way or other easement

to land; and outhouse, barn, garden, or orchard, to a house or messuage.... An

to a public building (the waste transfer station).

Detendant Town next argues that Plaintiff Sanford failed to allege that it was

actually negligent in the operation of the waste transfer station. The Law Court has

stated that “[t]he public building exception in section 8104-A(2) applies only to the

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State’s acts in the care or operation of its buildings and property, not to the State’s care

building). Notwithstanding, when viewing the facts in a light most favorable to

Plaintiff Sanford, this court finds that the primary focus of this cause of action is not on

the Defendant Town’s “failure to supervise” the attendant, but instead on its negligent

construction, operation or maintenance of the waste transfer station. Hence, this court

finds that a disputed issue of material fact within the purview of the jury exists as to

whether the Defendant Town was negligent in its operation of the waste transfer

station.

WHEREFORE, for reasons mentioned above, this court shall DENY Defendant

Town of Shapleigh’s Motion for Summary Judgment, pursuant to M. R. Civ. P. 56(c).

Dated: September _& _, 2003 Ly

article adapted to the use of the property which it is connected, and which was

intended to be permanent accession to the freehold.’

Fiandaca v. Citv of Bangor, CV-01-136 (Me. Super. Ct., Pen. Cty., Tune 5, 2002) (Hielm,

Opis

J.) (citing BLACK’s LAW DICTIONARY 133 (4th ed. Rev. 1968).

sq. - PL

q. — DEFS 4

Guy D. Loranger, E

s

Mark V. Franco, E

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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