Inmate brought action against Department of Corrections, prison, and state, asserting various tort claims arising from injuries sustained in fall on outdoor paved road running through center of prison.
The Superior Court granted inmate’s motion for partial summary judgment, concluding that state lacked immunity from suit under Maine Tort Claims Act (MTCA) because inmate’s accident fell within MTCA’s “public building” exception. State, Department, and prison appealed.
The Supreme Judicial Court held that:
- Road was not physically annexed to any of prison’s buildings;
- Road was not adapted to realty; and
- Road was not intended to be irremovable from realty.