Estate of Smith v. Cumberland CountyAnnotate this Case
This appeal resulted from a high-speed chase involving Patrick Smith, who was driving a motorcycle, and Andrew Feeney, a Cumberland County Sheriff's Deputy. After Feeney observed Smith's motorcycle traveling above the speed limit, Feeney pursued Smith until Smith crashed and fell off the motorcycle. Smith's Estate sued the County, former Sheriff Mark Dion, and Feeney for negligence. The superior court granted summary judgment for the County and Feeney, concluding that they were entitled to discretionary function immunity pursuant to the Maine Tort Claims Act. The Supreme Court affirmed but for different reasons, holding that because the record did not contain any evidence to support a finding that Defendants' actions were a cause of Smith losing control of his motorcycle, the Estate could not maintain its claim of negligence.