ESTATE OF DENNIS R. KAY
ESTATE OF DOUGLAS J. WIGGINS et al.
Argued: May 4, 2016
County Superior Court docket number CV-2013-166
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
Elizabeth A. Germani, Esq., Germani Martemucci & Hill,
Portland, for appellee Estate of Douglas J. Wiggins
J. Gannon, Esq., for appellant Estate of Dennis R. Kay
Brendan O’Rourke, Esq., for appellee Budget Truck
Elizabeth A. Germani, Esq., for appellee Estate of Douglas J.
SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and
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 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
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 ...