Donovan v. City of Portland

Summary

The Maine Supreme Judicial Court held that the Maine Tort Claims Act barred Kimberly Donovan’s negligence action against the City of Portland after she fell in an exterior area near a public school that was inadequately illuminated. The court concluded that the public-building exception did not apply to lighting deficiencies affecting a sidewalk, curb, or parking area, and affirmed summary judgment for the City. The court also held that any error in striking Donovan’s affidavit was harmless because the disputed facts were immaterial to governmental immunity.

Holdings

1. The Maine Tort Claims Act's public-building exception does not apply when a plaintiff falls on a sidewalk or parking area while exterior lights on a nearby public building are unlit.
2. Any error in striking Donovan's affidavit was harmless because the facts disputed by the affidavit did not affect the governmental-immunity analysis.

Questions Presented

1. Whether the Maine Tort Claims Act's public-building exception to governmental immunity applies when a plaintiff falls on a sidewalk or parking area because exterior lights attached to a nearby public building are unlit.
2. Whether the Superior Court erred by striking Donovan's affidavit because it allegedly contradicted her deposition testimony.
3. Whether summary judgment for the City was proper.

Disposition

affirmed