tag:blogger.com,1999:blog-5254275556127802599.post7588983820065703162..comments2023-10-24T10:53:32.288-04:00Comments on Rights of Way: Negligence on the Bayside TrailC Nealhttp://www.blogger.com/profile/07865122912479524567noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-5254275556127802599.post-38821898808986864082011-12-30T17:01:17.167-05:002011-12-30T17:01:17.167-05:00@Scott, the fence between the trail and Trader Joe...@Scott, the fence between the trail and Trader Joes could be remedied in a similar manner.Arihttps://www.blogger.com/profile/06058285362842737187noreply@blogger.comtag:blogger.com,1999:blog-5254275556127802599.post-9466700688449841452010-09-28T12:48:10.887-04:002010-09-28T12:48:10.887-04:00This sounds like a problem that a pair of bolt cut...This sounds like a problem that a pair of bolt cutters and a can of white paint could fix...Scottnoreply@blogger.comtag:blogger.com,1999:blog-5254275556127802599.post-29573693888438591062010-09-22T22:43:00.733-04:002010-09-22T22:43:00.733-04:00Criminal negligence, in contrast to civil, require...Criminal negligence, in contrast to civil, requires an elevated stated of culpability--something that is lacking here. And although the actions of MDOT may be negligent in a more general, civil, sense, suing the engineer personally won't work. His actions are attributable to his employer, MDOT, as they took place within the scope of his employment. However, MDOT, as a state entity, can't be sued for a tort claim (including civil negligence) unless it consents to this. The Maine Tort Claims Act provides all governmental entities with immunity from torts suits seeking damages, with limited exceptions, into which the situation you described doesn't fit. Even if the actions about which you so rightly complain fit within an applicable exception to state immunity, MDOT's likely response would be that it STILL is not liable, because the outcome is attributable to an independent contractor. Unfortunately, despite the less than optimal outcome for the trail, MDOT is probably safer than safe on this one and suing would be a waste of time for all involved. However, that said, I agree that the fence is a blunder.Anonymousnoreply@blogger.com