Supreme Judicial Court of Maine, 2008

The Maine Supreme Judicial Court held that Maine law does not adopt Restatement (Third) §10 but does impose a post‑sale duty to warn known indirect purchasers, that loss‑of‑consortium claims are derivative of the underlying claim, and that a jury’s comparative‑negligence reduction must be applied before statutory caps…

The court affirmed summary judgment for the Department of Transportation, holding that review of the agency’s determination of the extent of a taking is limited and that the Dyers offered no evidence creating a genuine dispute about bad faith or abuse of power.