Reporter of Decisions SAUFLEY , C.J. [ 1] Yvonne Michaud drove her vehicle into the oncoming traffic lane on Route 302 in Westbrook in an attempt to pass several cars ahead of her. When she was unable to return to her own travel lane, her vehicle collided with an oncoming car head on, badly injuring that car's occupants. She now appeals from the judgment of conviction entered by the court (Cumberland County, Warren, J. ) after a jury found her guilty of two counts of aggravated assault (...
JABAR , J. [ 1] Arthur Murdock appeals from a summary judgment entered by the trial court (Cumberland County, Warren, J. ) in favor of Martin Thorne and the Maine Department of Public Safety (DPS) on Murdock's negligence claim against Thorne and his underinsured motorist claim against DPS. We affirm the judgment. I. BACKGROUND [ 2] The following facts are derived from the parties' statements of material fact and are undisputed unless otherwise noted. See Estate of Kay v. Estate of...
GORMAN , J. [ 1] The State Tax Assessor appeals from the entry of a summary judgment in the Superior Court (Kennebec County, Marden, J. ) in favor of MCI Communications Services, Inc. (MCI) on an appeal by the Assessor of a decision vacating the imposition of the state service provider tax on certain charges collected by MCI. The court concluded that those charges were part of the sale of interstate or international telecommunications services and were therefore excluded or exempt...
ALEXANDER , J. [ 1] The State Board of Nursing (Board) appeals from a judgment entered in the District Court (Machias, D. Mitchell, J. ) concluding that John S. Zablotny had engaged in certain activities that constituted professional misconduct pursuant to 32 M.R.S. 2105-A(2) (2016) as alleged by the Board, but also concluding that the Board had failed to prove other allegations of professional misconduct. On appeal, the Board contends that the trial court erred when it concluded that...
ALEXANDER , J. [ 1] Walter A. Parker appeals the sentence imposed on him by the trial court (Cumberland County, Warren, J. ) following a resentencing hearing. The sentence was imposed following Parker's plea of guilty to three counts of gross sexual assault (Class A), 17-A M.R.S. 253(1)(C) (2016), and two counts of unlawful sexual contact (Class B), 17-A M.R.S. 255-A(1)(E-1) (2016). All charges involved sexual assaults on a nine-year-old girl over an extended period of time. The...
MEAD , J. [ 1] After Kayla Doherty gave birth to a healthy son in June 2014, she filed a complaint against Merck & Co., Inc., and the United States in the United States District Court for the District of Maine, alleging that in February 2012, at a community health center for which the United States was responsible, a physician negligently failed, as a result of Merck's defective applicator, to insert into her arm an implant manufactured by Merck that was designed to prevent pregnancy for...
SAUFLEY , C.J. [ 1] Twenty-year-old Romeo Parent was killed in April 2013. He had been stabbed in the back of the neck, beaten, and choked. William True was charged with, and found guilty by a jury of, the intentional or knowing, or depraved indifference murder of Parent. 1 True appeals from the judgment of conviction entered by the court ( MG Kennedy, J. ). See 17-A M.R.S. 201(1)(A), (B) (2015). He argues that the judgment should be vacated because he was deprived of a fair trial...
