Motion for Summary Judgment/Partial Summary Judgment in Maine

“Summary judgment is appropriate when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law." (See Beal v. Allstate Ins. Co., 2010 ME 20, ¶ 11, 989 A. 2d 733; Fore, LLC v. Benoit, SUPERIOR COURT CIVIL ACTION No. CV-09-547, at *21 (Me. Super. Nov. 30, 2010).)

“An issue of material fact is ‘genuine’ if there is sufficient evidence supporting the claimed factual dispute to require a choice between the parties' differing versions of the truth at trial.' A fact is 'material if it could potentially affect the outcome of the case.” (See id; Reliance Nat'l Indem. v. Knowles Indus. Servs. Corp. (2005) ME 29, ¶ 7, 868 A.2d 220; Univ. of Me. Found. v. Fleet Bank of Me. (2003) ME 20, ¶ 20, 817 A.2d 871.)

“On a motion for summary judgment, the court takes all facts and inferences in favor of the non-moving party.” (See Metro. Prop. & Cas. Ins. Co. v. Micale, SUPERIOR COURT CIVIL ACTION No. CV-18-144, at *1 (Me. Super. Jan. 24, 2018); LePage v. Bath Iron Works Corp. (2006) ME 130, ¶ 9, 909 A.2d 629.)

"A fact is material if it has the potential to affect the outcome of the case. A genuine issue exists when there is sufficient evidence for a fact-finder to choose between competing versions of the fact." (See id; Lougee Conservancy v. City Mortgage. Inc. (2012) ME 103, ¶ 11, 48 A.3d 774.)

"To withstand a motion for summary judgment, the plaintiff must establish a prima facie case for each element of her cause of action. If a plaintiff does not present sufficient evidence on the essential elements . . . the defendant is entitled to a summary judgment." (See Metro. Prop. & Cas. Ins. Co. v. Micale, SUPERIOR COURT CIVIL ACTION No. CV-18-144, at *1 (Me. Super. Jan. 24, 2018); Watt v. UniFirst Corp. (2009) ME 47, ¶ 21, 969 A.2d 897.)

Rules for Filing a Motion for Summary Judgment

Rule 56 of the Maine Rules of Civil Procedure governs summary judgment.

“A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may move with or without supporting affidavits for a summary judgment in the party's favor upon all or any part thereof. A motion for summary judgment may not be filed until the expiration of 20 days from the commencement of the action.” (See Me. R. Civ. P. 56(a).)

“A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, but within such time as not to delay the trial, move with or without supporting affidavits for a summary judgment in the party's favor as to all or any part thereof.” (See Me. R. Civ. P. 56(b).)

“Any party opposing a motion may serve opposing affidavits as provided in Rule 7(c). Judgment shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, referred to in the statements required by subdivision (h) show that there is no genuine issue as to any material fact set forth in those statements and that any party is entitled to a judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages. Summary judgment, when appropriate, may be rendered against the moving party.” (See Me. R. Civ. P. 56(c).)

“If on motion under this rule judgment is not rendered upon the whole case or for all the relief asked and a trial is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel, shall if practicable ascertain what material facts exist without substantial controversy and what material facts are actually and in good faith controverted.” (See Me. R. Civ. P. 56(d).)

“It shall thereupon make an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just. Upon the trial of the action the facts so specified shall be deemed established, and the trial shall be conducted accordingly. In the event that a moving party's motion for summary judgment is denied in whole or in part, facts admitted by the parties solely for the purpose of the summary judgment motion shall have no preclusive effect at trial.” (See id.)

Standard of Review in Deciding a Motion for Summary Judgment

“We review the entry of an order for summary judgment de novo for errors of law, viewing the evidence in the light most favorable to the party against whom summary judgment was entered." (See Ogden v. Labonville (2020) 242 A.3d 177, 180; Puritan Med. Prods. Co. LLC v. Copan Italia S.P.A. (2018) ME 90, ¶ 10, 188 A.3d 853.)

Legal Precedents and Case Law on a Motion for Summary Judgment

It is well settled that "when a defendant moves for summary judgment, the plaintiff must establish a prima facie case for each element of [the] cause of action that is properly challenged in the defendant's motion.” (See Fore, LLC v. Benoit, Civil Action CV-09-547, at *1 (Me. Super. Nov. 8, 2013); Flaherty v. Muther (2011) ME 32, ¶ 38, 17 A.3d 640; Curtis v. Porter (2001) ME 158, ¶ 8, 784 A.2d 18.)

It is also well settled that “where the undisputed factual information is clearly deficient to survive a motion for a directed verdict, summary judgment is appropriate because there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.” (See Ricci v. Barr, CIVIL ACTION DOCKET NO: CV-09-311, at *7 (Me. Super. July 18, 2012).)