SMITH v. JONESBORO, 1999 ME 55

727 A.2d 352

Docket Was-98-318.Supreme Judicial Court of Maine.Argued: December 1, 1998.
Decided: April 13, 1999.

Attorney for plaintiffs: William B. Devoe, Esq., (orally).

Attorney for defendant: Brett D. Baber, Esq., (orally).

Before WATHEN, C.J., and CLIFFORD, DANA, SAUFLEY, ALEXANDER, and CALKINS, JJ.

PER CURIAM

Evelyn Smith appeals from a judgment entered in the Superior Court (Washington County, Marden, J.) granting the Town of Jonesboro’s motion for a judgment as a matter of law because the Smiths failed to present expert testimony on whether the Town’s volunteer fire department breached its duty of care when attempting to suppress a fire in the Smiths’ house and whether that breach proximately caused the destruction of the Smiths’ house. Because the Court is evenly divided, we affirm the judgment.

The entry is: Judgment affirmed.