Young v. Libby

2 Citing cases

  1. Sung Ying Chiu v. City of Portland

    2002 Me. 8 (Me. 2002)   Cited 12 times
    Finding landlord could be subject to liability for the injuries a child suffered when the child fell out a window on the landlord's property because the landlord may have had control over the window

    Count II alleges that the Keasts breached their duties of reasonable care as landowners. The Keasts' duty as landowners must be analyzed according to the law governing landlord-tenant relations. See Young v. Libby, 1999 ME 139, ¶ 12, 737 A.2d 1071, 1074 (applying landlord-tenant law in determining whether landlord breached a duty to tenant's child); Golf Club Co. v. Rothstein, 102 S.E.2d 654, 656 (Ga.Ct.App. 1958) (members of tenant's family stand in tenant's shoes for determining if landlord breached a duty). Count II survives pursuant to the analysis relating to Count I, but the counts state essentially the same cause of action.

  2. Lafrance v. State Farm Fire & Cas. Co.

    SUPERIOR COURT CIVIL ACTION DOCKET NO. CV-14-39 (Me. Super. Oct. 15, 2018)

    "The party seeking a judgment after an adverse verdict has the burden of showing that the jury verdict was "'clearly and manifestly wrong.'" Harvey, 3 Maine Civil Practice § 50:4, at 124 (3d ed. 2011) (quoting Young v. Libby, 1999 ME 139, ¶ 7, 737 A.2d 1071. Judgment as a matter of law is appropriate "if the court determines that, viewing the evidence and all reasonable inferences therefrom in the light most favorable to the party opposing the motion, a jury could not reasonably find for that party on an issue that under the substantive law is an essential element of the claim."