STATE OF MANE YORK, ss

CIVIL ACTION

DOCKET NO. CV-86-608

CATHERINE DUFFY PETIT, )

et al., )

Plaintiffs )

)

)

v. ) ORDER

)

)

KEY BANK OF MAINE )

Defendant )

)

Pending before the Court is the Motion for Summary Judgment of Defendant Key Bank of Maine, dated October 27, 1994.

"Summary judgment in a defendant's favor is proper when the plaintiff has the burden of proof on an essential element at trial and it is dear that the defendant would have been entitled to a directed verdict at trial if the plaintiff presented no more evidence than was before the court at the hearing on the motion for summary judgment." Guiggy v. Bombardier. 615 A.2d 1169, 1171 (Me. 1992).

On the record before this Court, as a matter of law, Plaintiffs cannot prove all of the essential elements necessary under Maine law to support their claim for tortious interference with advantageous economic relationships. Specifically, Plaintiffs cannot on that record carry their burden to prove a causal connection between the tortious interference alleged and termination of the economic relationships alleged. Defendant would therefore be entitled to a directed verdict at trial if Plaintiffs presented no more evidence than is before the Court at this time.

Defendant argues that the affidavit of Craig Rancourt, Esq., dated December 2, 1994, submitted in opposition to their Motion should be disregarded because it is untimely and violates certain procedural directives outlined earlier in this case. For purposes of this Motion, I have considered Mr. Rancourt's affidavit for its substantive value. Notwithstanding this affidavit, Plaintiff has failed to generate genuine issues of material fact requiring trial.

Accordingly, I find that there are no genuine issues of material fact remaining for trial, and that Defendant Key Bank of Maine is entitled to judgment as a matter of law on Plaintiffs' Fourth Amended Complaint.

WHEREFORE, Defendant's Motion for Summary Judgment dated October 27, 1994 is granted, and judgment shall be entered in favor of Defendant Key Bank of Maine on Plaintiffs' Fourth Amended Complaint.

G. Arthur Brennan

Justice, Superior Court