Maine Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Maine or Court of Appeals of Maine where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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SHELTRA v. ROCHEFORT - 12/5/1995
Victoria Rochefort appeals from the judgment as a matter of law entered against her in the Superior Court (York County, Bradford, J.) setting aside a jury verdict in her favor in an action brought against her by Rosemarie Sheltra and...
COLLINS v. TRIUS - 8/15/1995
The case we consider was reported to us by the Superior Court (Penobscot County, Mead, J.) after it denied Trius, Inc.'s motion to have Canada's law of damages applied to this action rather than Maine's. Trius contends that Canadian...
COBB v. ALLSTATE INS. CO - 8/1/1995
This case comes to us pursuant to M.R.Civ.P. 72(c) on a report from the Superior Court (Kennebec County, Chandler, J.). In the underlying action, Richard Cobb asserts breach of contract claims against Insurance Company of North America...
CAMPBELL v. SCHOOL ADMINISTRATIVE DIST. NO. 59 - 5/30/1995
School Administrative District No. 59 (S.A.D. 59) appeals from a decision of the Workers' Compensation Board granting David Campbell's motion for attorney fees. S.A.D. 59 contends that it is entitled to a lien against a third-party...
VAN HOUTEN v. HARCO CONST. - 2/27/1995
Jay A. Van Houten appeals from the decision of the Workers' Compensation Board denying his petition for payment of medical expenses based on its finding that his claimed back injury was not work related. We agree with Van Houten's...
THOMAS v. THOMPSON - 2/1/1995
Matthew Thompson appeals from the default judgment entered in the Superior Court (Oxford County, Alexander, J.) on the plaintiff's
I. Background
This action results from a motor vehicle accident in which Bonita Thomas was...
MORRIS v. HUNTER - 12/29/1994
Plaintiffs Dale A. and Dallas K. Morris appeal the Superior Court's (Knox County, Marsano, J.) grant of a summary judgment to Defendants, attorneys E. Allen Hunter, Richard D. Solman, Richard N. Solman, (collectively "Hunter"), and...
JORDAN v. SEARS - 12/20/1994
The employer, Sears, Roebuck & Company, appeals from a decision of the Appellate Division affirming the denial by the Workers' Compensation Commission of the employer's petition for coordination of benefits. The Commission held...
MCKENNEY v. GREENE ACRES MANOR - 11/10/1994
ORDER
Upon motion of the Plaintiff for reconsideration, it is ORDERED that the motion be and hereby is GRANTED.
It is FURTHER ORDERED that opinion published on August 19, 1994 as Decision No. 6989 and reported in the...
PARSONS v. WRIGHT - 11/10/1994
Somerset County, its Sheriff William Wright, and his assistant Betty Wright appeal from an order of the Superior Court (Somerset County, Kravchuk, J.) denying a summary judgment with respect to that portion of Orrin Parsons's suit...
BERRY v. H.R. BEAL & SONS - 11/9/1994
Thurman Berry appeals from a decision of the Appellate Division of the Workers' Compensation Commission, which affirmed the Commissioner's decision that, pursuant to 39 M.R.S.A. § 62-B (1989), the employer's insurer was entitled to...
MUSK v. NELSON - 9/29/1994
Gail G. Musk appeals from the judgment entered in the Superior Court (Lincoln County, Perkins, A.R.J.) granting Nancy Nelson's
On February 15, 1989, Nelson performed a tubal ligation on Musk. Nearly three years later, Musk learned...
CHOROSZY v. TSO - 9/20/1994
The Choroszys contend that the statute of
limitations violates the "Open Courts" provision of the Maine
Constitution, Me.Const. art. I, § 19, and the equal protection
clauses of the Maine and United States Constitutions....
FORBES-LILLEY v. UNEMPLOYMENT INS. COM'N - 6/16/1994
The Maine Unemployment Insurance Commission ("the Commission") appeals from an order of the Superior Court (Franklin County, Alexander, J.), vacating the Commission's denial of unemployment benefits to Jeanne Forbes-Lilley (claimant)....
BOYCE v. POTTER - 6/6/1994
This appeal involves a personal injury action, stemming from an automobile accident, filed by Daniel Boyce, a passenger in a van owned and driven by co-worker Michael Potter, as the two were traveling to their distant job site. The...
QUINN v. DIPIETRO - 5/31/1994
Eleanor DiPietro appeals from a judgment entered in the Superior Court (Cumberland County, Brodrick, J.) holding that her status as de facto co-owner of a market did not entitle her to immunity from suit pursuant to 39 M.R.S.A. § 4...
CARROLL v. CELSIUS CONTRACTORS - 2/17/1994
Rudolph Carroll and sixteen other employees of Celsius Contractors, Inc. appeal a decision of the Appellate Division of the Workers' Compensation Commission reversing a decision of the Commissioner that exposure to radiation...
PEAVEY v. TAYLOR - 2/3/1994
Walter Peavey appeals from a summary judgment entered in the Superior Court (Kennebec County, Alexander, J.) in favor of Richard Taylor individually and Taylor's Sporting Goods, China, Inc. (TSG), on Peavey's claim for personal...
BLACK v. WARD - 11/10/1993
This case arises from a medical malpractice claim brought by the plaintiff Abigail Black. Black's complaint alleged that the defendant, Carol Ward, an obstetrician and gynecologist, misdiagnosed a lesion on plaintiff's nose, that the...
BEALE v. CHISHOLM - 6/4/1993
Donald Chisholm appeals from the summary judgment on the issue of liability entered in the Superior Court (Cumberland County, Cole, J.) in favor of Stephen Beale, personally and as the representative of the estate of his deceased...
DIFIORE v. CASCO NORTHERN BANK - 3/12/1993
Casco Northern Bank, N.A., appeals from a judgment entered in the Superior Court (Cumberland County, Silsby, J.) in favor of plaintiff Leo DiFiore on his personal injury claim. After a bench trial, the court determined that the Bank,...
PIERCE v. CENTRAL MAINE POWER CO. - 3/11/1993
Defendant Central Maine Power Co. (CMP) appeals from a Superior Court judgment (York County, Fritzsche, J.) following a jury trial. The jury found CMP liable for an accident in which a crane touched a power line at a construction site...
KEYES FIBRE CO. v. LAMARRE - 12/22/1992
Stephen Lamarre appeals from the summary judgment entered in the Superior Court (Kennebec County, Chandler, J.) awarding to Keyes Fibre Company on Count II of its complaint the amount of money alleged to have been converted by Lamarre....
AMES v. DIPIETRO-KAY CORP. - 12/8/1992
Dipietro-Kay Corporation ("Dipietro-Kay") and Volvo Penta of America ("Volvo") appeal from a judgment entered in the Superior Court (Knox County, Kravchuk, J.) following a jury verdict finding them both liable, under theories of...
DIPIETRO v. J.J. NISSEN BANKING CO. - 11/10/1992
Employee Rudolph DiPietro appeals from a decision of the Appellate Division of the Workers' Compensation Commission affirming a decision of the Commission granting J.J. Nissen Baking Company's petition for award relating to DiPietro's...
CALVERT v. CORTHELL - 11/8/1991
Shannon Calvert, and her parents, Charles and Margaret Calvert, appeal from the order entered by the Superior Court (Cumberland County, Alexander, J.) denying their motion for approval of attachment and trustee process under M.R.Civ.P....
COUSINS v. GEORGIA-PACIFIC CORP. - 11/8/1991
Georgia-Pacific Corporation appeals from a decision of the appellate division affirming the restoration of compensation to Robert Cousins by the Workers' Compensation Commission. Georgia-Pacific contends that the termination of...
MAINE BONDING & CAS. CO. v. KNOWLTON - 11/1/1991
Kevin and Debra Knowlton ("the Knowltons") and Edward Martel appeal from a Superior Court (York County, Brennan, J.) summary judgment declaring that the plaintiff, Maine Bonding and Casualty Company ("the Insurer") is not required to...
PETERS v. SAFT - 9/18/1991
Defendants Scott Saft, Kershaw Powell, Richard Whitmore, and the State, intervening as a defendant, appeal the decision and order of the Superior Court (Kennebec County, Alexander, J.) on plaintiff Edward Peters' declaratory judgment...
HERZOG v. IRACE - 8/6/1991
Anthony Irace and Donald Lowry appeal from an order entered by the Superior Court (Cumberland County, Cole, J.) affirming a District Court (Portland, Goranites, J.) judgment in favor of Dr. John P. Herzog in an action for breach of an...
PERSON v. PETERSON - 8/1/1991
The plaintiffs, Marleen Perron, as personal representative, and Marleen Perron and Raymond Perron, as parents of their deceased son Scott, appeal from the summary judgment entered in the Superior Court (Penobscot County, Smith, J.) for...
SZELENYI v. MORSE - 7/30/1991
The Superior Court (Cumberland County, Lipez, J.) awarded $309,889.10 in damages to plaintiff Dr. Ernest Szelenyi against defendant Morse, Payson & Noyes Insurance (MPN) based on a jury verdict that MPN had breached an implied...
MAINE BONDING v. DOUGLAS DYNAMICS - 7/29/1991
Douglas Dynamics, Inc. ("Douglas Dynamics") appeals from a summary judgment entered in the Superior Court (Penobscot County, Silsby, J.) in favor of Maine Bonding & Casualty Co. ("Maine Bonding") in a declaratory judgment action to...
NEW ENGLAND MORTG. SERVICES v. PETIT - 5/9/1991
The plaintiff, New England Mortgage Services Company (New England Mortgage), appeals from a judgment of the Superior Court (York County, Perkins, J.) affirming the District court (Biddeford, Henry, J.) in its dissolution of a judgment...
PHILLIPS v. FULLER - 2/28/1991
This appeal represents the final stage in the protracted litigation arising from a personal injury action filed a decade ago. Following a jury-waived trial the Superior Court (Aroostook County, Beaulieu, J.) held that the plaintiffs...
HANUSEK v. SOUTHERN MAINE MED. CENTER - 12/26/1990
John and Gertrude Hanusek appeal the judgment of the Superior Court (York County, Brennan, J.) dismissing their medical malpractice action against Southern Maine Medical Center (SMMC) because it is barred by the statute of limitations....
BOLTON v. CAINE - 12/18/1990
Plaintiff Judith Bolton, personal representative of the estate of Margery MacDonald, appeals the summary judgments entered in favor of defendants Brian J. Caine, M.D. and Frank Cruickshank, M.D. in the Superior Court (Hancock County,...
PIERCE v. GROVE MFG. CO. INC. - 6/8/1990
Grove Manufacturing Company, Inc., the defendant in a wrongful death action brought by Marie Pierce, seeks an interlocutory appeal of a pretrial discovery order entered by the Superior Court (York County, Fritzsche, J.) under the...
CHILD v. CENTRAL MAINE MEDICAL CENTER - 6/8/1990
On the joint motion of the parties, pursuant to M.R.Civ.P. 72, this case is before us on the report of an interlocutory ruling of the Superior Court (Androscoggin County, Alexander, J.) to determine whether Central Maine Medical Center...
LEFAY v. COOPERSMITH - 6/5/1990
Leslie and Nellie LeFay, individually, and Leslie LeFay, as the personal representative of the estate of Clayton LeFay, deceased, appeal from a judgment entered in the Superior Court (Knox County, Chandler, J.) on a jury verdict...
JENSEN v. AUGUSTA MENTAL HEALTH INSTITUTE - 5/17/1990
Acting for herself and as personal representative of the estate of Roger Dugas, Barbara Jensen, the mother of the decedent, appeals from the dismissal by the Superior Court (Cumberland County, Alexander, J.) of her wrongful death...
LESSARD v. METROPOLITAN LIFE INS. CO. - 12/28/1989
Plaintiffs Lucille G. Lessard and Robert F. Daniels, named plaintiffs in a class action suit, appeal an order of the Superior Court (York County, Lipez, J.) granting summary judgment in favor of defendant, Metropolitan Life Insurance...
POULIN v. AQUABOGGAN WATERSLIDE - 12/28/1989
The plaintiffs, Mariette Poulin and her husband Jean-Paul Poulin, appeal from a judgment entered in the Superior Court (Androscoggin County, Brodrick, J.). A jury found no negligence on the part of the defendant, Aquaboggan Waterslide,...
THURSTON v. CONTINENTAL CAS. CO. - 12/26/1989
In this case we decide that a legal malpractice claim may be assigned; that before the 1987 amendments to Maine's partnership law, a Maine partnership was not a suable entity (except in certain real estate related matters); that an...
CLARK v. MAINE MEDICAL CENTER - 6/1/1989
Plaintiff Tina Clark, individually and as the personal representative of the estate of her husband David Clark, appeals to this court the dismissal by summary judgment of her claim arising out of David Clark's suicide. Plaintiff sued...
BRACKETT v. A.C. LAWRENCE LEATHER CO. - 5/31/1989
Employer A.C. Lawrence Leather Co., joined by its insurer Liberty Mutual Insurance Co., appeals from the decision of the Appellate Division of the Workers' Compensation Commission affirming the hearing commissioner's grant of employee...
KENNEDY v. MCLEAN - 3/22/1989
We affirm the dismissal of the untimely Id. at 1002.
In Myrick we restricted even the prospective scope of the newly declared discovery rule to foreign-body surgical malpractice. Any extension of the new rule to other types of...
WORCESTER INS. v. DAIRYLAND INS. - 3/10/1989
This appeal concerns insurance provided to Darren B. Smith by a homeowner's insurance policy issued by the plaintiff, Worcester Insurance Company (Worcester), and an automobile insurance policy issued by Dairyland Insurance Company...
PURTY v. KENNEBEC VALLEY MEDICAL CENTER - 12/22/1988
Following the entry of a stipulated judgment as to all other counts of the plaintiff's complaint against the defendant, the Superior Court (Kennebec County; Chandler, J.) granted the defendant's motion to dismiss Count V of that...
FORBES v. OSTEOPATHIC HOSP. OF MAINE - 12/19/1988
The plaintiffs Thomas Forbes and his wife Melanie Forbes appeal from a summary judgment entered in favor of the defendant, Osteopathic Hospital of Maine, Inc., by the Superior Court (Cumberland County, Brodrick, J.). The plaintiffs...
BERRY v. DIXFIELD CONVALESCENT CENTER - 12/13/1988
Plaintiff Thelma S. Berry, personal representative of the estate of Cynthia L. Sharkey and limited conservator of decedent's minor children, appeals from a judgment entered in favor of defendant Dixfield Health Care Center in a...
INMAN v. AETNA CASUALTY & SURETY COMPANY - 3/18/1988
MEMORANDUM OF DECISION.
The plaintiff, Yvette Inman, appeals an order of the Superior Court (Kennebec County), dismissing her declaratory judgment action against the defendant, Aetna Casualty & Surety Company ("Aetna"). The...
MUELLER v. PENOBSCOT VALLEY HOSP. - 3/8/1988
Plaintiff, Mark Mueller, appeals from a judgment of the Superior Court, Penobscot County, in favor of the defendants, Penobscot Valley Hospital and Francis P. Kirley. On appeal plaintiff argues that the Superior Court erred in granting...
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