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STATE OF MAINE YORK, ss.

SUPERIOR COURT CIVIL ACTION DOCKET NO. CV-09-192
'f. ...

MARK C. SANBORN and AMY E. SANBORN, Plaintiffs
v. ORDER

CALEB STEVENS and CATHY NADEAU, Defendants The plaintiffs are the owners of a four-unit apartment building that was destroyed by a March 17, 2009 fire, which started in the apartment leased and occupied by the defendants and their family. The plaintiffs have brought a two-count complaint, based on negligence and breach of lease, against Mr. Stevens and Ms. Nadeau. Ms. Nadeau, who is separately represented by counsel, has filed a motion for summary judgment on the negligence claim, which is contained in Count 1. The motion has been briefed. Oral argument is not necessary given the clarity of the written arguments. There is no evidence that either Mr. Stevens or Ms. Nadeau started the fire. There is evidence to suggest that the fire may have been caused by the carelessness of Ms. Nadeau's then seven-year-old son. Maine has adopted the principles set forth in the Restatement (Second) of Torts

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Maine Law