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STATE OF MAINE
SUPREME JUDICIAL COURT
Docket
No. Oxf-04-641
WILLIAM GROVER
vs. ORDER
ON MOTIONS
FOR
RECONSIDERATION
BOISE CASCADE CORPORATION
This
matter is before the Court on the motions for reconsideration filed by appellee
William Grover and appellant Boise Cascade Corporation in response to the
Court's opinion certified on September 15, 2004.
Appellee
William Grover's motion correctly asserts that the Court's opinion erroneously
states in footnote 9 that Grover failed to file a timely notice of appeal. It is accordingly ORDERED that appellee
William Grover's motion for reconsideration is granted, and footnote 9 of the
Court's opinion is revised as follows:
9 Grover filed a timely
cross-appeal and asserts before us that the trial court erred by refusing to
instruct the jury on the doctrine of res ipsa loquitur. We do not address this assertion
because this matter is remanded and the trial court will have to determine whether
a res ipsa loquitur instruction is supported by the evidence introduced at the
new trial.
Appellant Boise Cascade Corporation's motion asserts that the Court's opinion should have addressed whether the trial court erred by denying appellant's motion for judgment as a matter of law. Because the trial court's denial of the motion for judgment as a matter of law was not error and this issue does not warrant the revision of the Court's opinion, it is ORDERED that appellant's motion for reconsideration is denied.
Dated: October 21, 2004
For
the Court
___/s/______________________
Jon
D. Levy, Associate Justice
Supreme
Judicial Court