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Estate of Kay v. Estate of Wiggins

Supreme Court of Maine

July 12, 2016

ESTATE OF DENNIS R. KAY
v.
ESTATE OF DOUGLAS J. WIGGINS et al.

          Argued: May 4, 2016

         Kennebec County Superior Court docket number CV-2013-166

         On the briefs:

          Caleb J. Gannon, Esq., and Sumner H. Lipman, Esq., Lipman & Katz, P.A., Augusta, for appellant Estate of Dennis R. Kay

          Michael E. Saucier, Esq., and Brendan O’Rourke, Esq., Thompson & Bowie, Portland, for appellee Budget Truck Rental, LLC

          Elizabeth A. Germani, Esq., Germani Martemucci & Hill, Portland, for appellee Estate of Douglas J. Wiggins

         At oral argument:

          Caleb J. Gannon, Esq., for appellant Estate of Dennis R. Kay

          Brendan O’Rourke, Esq., for appellee Budget Truck Rental, LLC

          Elizabeth A. Germani, Esq., for appellee Estate of Douglas J. Wiggins

          Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and HUMPHREY, JJ.

          SAUFLEY, C.J.

         [¶1] On an icy morning in December 2011, Dennis Kay died when a van he was driving, owned by Budget Truck Rental, LLC, slid off of the road in Gardiner. Kay was driving the vehicle in the course of his employment with Douglas Wiggins, d/b/a Option Rentals. The Estate of Dennis R. Kay brought the present wrongful death action against both the Estate of Douglas J. Wiggins[1] and Budget Truck. The court (Kennebec County, Murphy, J.) granted summary judgment for both Wiggins and Budget Truck, determining that the undisputed facts demonstrated that Kay's claim was barred by the exclusivity provisions of the Workers' Compensation Act and that Budget Truck did not proximately cause Kay's injuries. Kay appealed to us. We affirm the judgments.

         I. BACKGROUND

         [¶2] Viewed "in the light most favorable to the party against whom the summary judgment has been granted, " the following facts are drawn from the statements of material facts and are undisputed unless expressly stated otherwise. Budge v. Town of Millinocket, 2012 ...


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