Oliveira V. Queen City Real Estate and Ins. Agency, Inc.
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STATE OF MAINE PENOBSCOT, SS. SUPERIOR COURT CIVIL ACTION DOCKET NO BANSC )lli-99-080 PEtJ -- 1o 5;;::J.o'l wv.."" - ;;2 I ' BLAINE OLIVEIRA And JENNIFER OLIVEIRA, Plaintiff, ORDER V. QUEEN CITY REAL ESTATE AND INSURANCE AGENCY, INC. And PELL-MULL, LLC, Defendant. The defendant has filed a separate action for indemnification and or contribution against Pellscot, LLC and/ or Pellscot Development Co. LLC, the entity that actually performed the work on the roadway that was adjacent to the plaintiffs' home at the time this cause of action arose. Additionally, the defendant has filed a supplemental memorandum on the issue of whether there shall be a new trial on the issue of damages only, or on both liability and damages. The Court decides these issues as follows: 1. The trial shall be on the issues of liability and damages. In this case the question of damages is so interwoven with the issue of liability that the former cannot be submitted fairly to the jury independently of the latter. See 3 Harvey, Maine Civil Practice,§ 59:2 at 281-82 (3d ed. 2011). 2. The motion to consolidate is denied. Granting this motion could potentially delay the trial. More important, it was the Court's intent in granting the new trial to place the parties in the same position in which they were situated prior to the first trial, and it was not its intent to provide either party an opportunity to engage in a maneuver to gain additional advantage. The clerk is directed to incorporate this Order into the docket by reference. Dated: October 25, 2011 WILLIAM ANDERSON JUSTICE, SUPERIOR COURT SUPERIOR COURT PENOBSCOT, ss. Docket No BANSC-RE-2009-00080 BLAINE OLIVEIRA - PLAINTIFF 759 EASTERN AVE HOLDEN ME 04429 Attorney for: BLAINE OLIVEIRA ARTHUR GREIF - RETAINED 04/22/2009 GILBERT & GREIF 82 COLUMBIA ST PO BOX 2339 BANGOR ME 04402-2339 DOCKET RECORD JENNIFER OLIVEIRA - PLAINTIFF 759 EASTERN AVE HOLDEN ME 04429 Attorney for: JENNIFER OLIVEIRA ARTHUR GREIF - RETAINED 04/22/2009 GILBERT & GREIF 82 COLUMBIA ST PO BOX 2339 BANGOR ME 04402-2339 f\r:. - lri c..G iSCJ ~7 ·1-o I ( if } I I I J--f d--./ vs QUEEN CITY REAL ESTATE AND INSURANCE AGENCY I - DEFENDANT 416 HAMMOND ST BANGOR ME 04401 Attorney for: QUEEN CITY REAL ESTATE AND INSURANCE AGENCY I LAWRENCE E MERRILL - RETAINED LAWRENCE E MERRILL ESQ 21 MAIN STREET BANGOR ME 04401 Attorney for: QUEEN CITY REAL ESTATE AND INSURANCE AGENCY I MICHAEL RAIR - RETAINED LAW OFFICE OF MICHAEL L. RAIR 43 COLUMBIA STREET SUITE ONE PO BOX 2580 BANGOR ME 04402-2580 PELL MULL LLC - DEFENDANT Attorney for: PELL MULL LLC LAWRENCE E MERRILL - RETAINED LAWRENCE E MERRILL ESQ 21 MAIN STREET BANGOR ME 04401 Attorney for: PELL MULL LLC MICHAEL RAIR - RETAINED LAW OFFICE OF MICHAEL L. RAIR 43 COLUMBIA STREET SUITE ONE PO BOX 2580 BANGOR ME 04402-2580 Page 1 of 9 Printed on: 11/07/2011
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