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Mastriano v. Blyer9/14/2001
Reporter of Decisions
Argued: June 12, 2001
Majority: CLIFFORD, RUDMAN, SAUFLEY, ALEXANDER, and CALKINS, JJ.
Dissent: WATHEN, C.J., and DANA, J.
Rachel Mastriano appeals from the summary judgment entered in the Superior Court (Somerset County, Mead, C.J.) on her negligence claims against Samuel Blyer, d/b/a Blyer Taxi Service, and Clifford Groder, Jr. (collectively "BTS"), brought pursuant to Maine's Wrongful Death Act, 18-A M.R.S.A. ยง 2-804 (1998), for the death of Douglas K. Dionne. Mastriano argues that the summary judgment was inappropriate because BTS owed Dionne a duty beyond providing him a safe exit from its cab, and because there remain genuine issues of material fact regarding a breach of duty. We decline Mastriano's request to expand the special duty common carriers owe to their customers to provide a safe exit in a safe place. Accordingly, we affirm.
I. CASE HISTORY
The uncontested facts presented in the parties' statements of material facts may be summarized as follows:
Douglas Dionne spent the early evening hours of August 4, 1997, drinking beer at the Elks Lodge in Skowhegan. A long-time friend, Flint Batchelder, observed Dionne drinking between 5:30 and 8:00 that evening. At approximately 8:00 p.m., Batchelder observed that Dionne's speech began to be slurred and that he swayed on his feet. The bartender refused to serve Dionne any more liquor, and another patron called Blyer Taxi Service to give Dionne a ride home.
When the taxi arrived, Batchelder walked with Dionne to the taxi. Dionne walked without physical assistance, but Batchelder observed him sway as he walked. Batchelder asked the cab driver, Clifford Groder, Jr., to take Dionne home because he had had too much to drink. Batchelder explained that Dionne lived on East Madison Road and that Dionne would show him the way to the house. Batchelder offered to pay the fare, but Dionne insisted on paying his own fare. When Batchelder last saw Dionne, he was speaking in a clear voice and was able to give instructions to Groder.
Once in the cab, Dionne refused to give Groder directions to his house. Instead, he directed Groder to take him to the Kennebec Valley Inn. When that establishment proved to be closed, he asked Groder to take him to Bloomfield's Tavern. Once there, Dionne paid the fare and exited the cab. Groder watched him walk safely into the tavern and left the area to attend to other business.
Groder had considerable experience as a taxi operator. With regard to intoxicated passengers, Groder's practice was as follows: (1) for passengers who were so intoxicated that they could not function, as where they had to be picked up and placed in the cab, Groder would take them to the nearest hospital; and (2) for passengers who had consumed alcohol, but could walk and give clear directions, Groder would take them to the location they dictated. Once the passengers were safely deposited at the location, Groder would leave.
Around 8:30 or 9:00 p.m., Groder responded to a call from Bloomfield's Tavern to pick up Dionne. When Groder arrived at Bloomfield's, Dionne walked straight to the cab and gave Groder clear directions to drive him to a convenience store to purchase cigarettes. At the convenience store, Dionne walked straight into the store and Groder observed him speak with the clerk, obtain the cigarettes, pay for them, and walk from the store. Once back in the cab, Dionne directed Groder to return him to the Elks Lodge.
At the Elks Lodge, Dionne paid the fare plus a large tip, exited the taxi, and walked past his automobile. Groder related that he knew that the au
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