Mary Robbins and her son sued Great Northern Paper Co. after George Robbins drowned while driving across a flooded road on Great Northern’s land en route to his leased recreational camp. The plaintiffs alleged negligence for failing to warn about high water levels caused by the company’s dam.
Key Issues:
• Robbins had a lease with Great Northern allowing recreational use and access to a camp.
• Plaintiffs argued the company should be liable under general negligence principles.
Court’s Holding:
The Maine Law Court affirmed summary judgment for Great Northern, applying Maine’s recreational use statute (14 M.R.S.A. § 159-A), which limits landowner liability for injuries occurring during recreational activities.
Rationale:
• Recreational Activity: Traveling to furnish a recreational camp qualifies as part of recreational use.
• No Willful or Malicious Conduct: Plaintiffs alleged only negligence, not the level of culpability required to overcome immunity.
• No “Consideration” Exception: The $95 annual lease payment did not constitute “consideration” for access to the land under § 159-A(4)(B); it was for leasing a camp lot, not for general recreational access.
Conclusion:
The court broadly construed the immunity statute to encourage landowners to allow recreational access. No liability was imposed on Great Northern.
Summary by ChatGPT