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NEW ENGLAND MORTG. SERVICES v. PETIT5/9/1991
e will not interpret a statute as modifying the common law in the absence of clear and explicit language showing such modification or abrogation
[fn1a] The court's opinion cites Thurston for the proposition that "Petit could not voluntarily assign her malpractice action to New England Mortgage because the latter has neither the intimate connection nor the clear interest in the claim necessary to become a party to that action" (Maj. Op. at 1056). Although Thurston involved an assignee who was connected to the underlying action in which the alleged malpractice occurred, the court did not expressly limit assignment to that factual scenario. On the contrary, the court specifically noted that it was not presented with the assignment of a claim to an unrelated assignee. See Thurston v. Continental Cas. Co., 567 A.2d 922, 923 (Me. 1989).
McKUSICK, Chief Justice, with whom BRODY, J., joins, dissenting.
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