McKELLAR v. CLARK EQUIPMENT CO.


472 A.2d 411 (1984)

Deena McKELLAR v. CLARK EQUIPMENT CO., et al. Susan CANWELL v. CENTRAL MAINE POWER COMPANY, et al.

Supreme Judicial Court of Maine.

Decided February 23, 1984.


Attorney(s) appearing for the Case

Strout, Payson, Pellicani, Cloutier, Hokkanen, Strong & Levine, Joseph M. Cloutier (orally), Esther R. Barnhart, Rockland, for plaintiff in No. KNO-83-318.

Rowe & Sanders, David M. Sanders (orally), Livermore Falls, for plaintiff in No. OXF-83-369.

Richardson, Tyler & Troubh, Harrison Richardson, Thomas E. Getchell, Portland, for Clark Equipment Co.

Pierce, Atwood, Scribner, Allen, Smith & Lancaster, Michael D. Seitzinger (orally), Malcolm L. Lyons, Augusta, for Roderick and Young and Lime Products Corp.

Peter J. DeTroy, III, Portland, for Bacyrus.

Before ROBERTS, VIOLETTE, WATHEN and SCOLNIK, JJ., and DUFRESNE, A.R.J.


WATHEN, Justice.

The two cases included in this consolidated Report to the Law Court pose the following questions. Is a wife's claim against her husband's employer and co-employee for loss of consortium resulting from a work-related injury to her husband, barred by the immunity and exclusivity provisions of the Maine Workers' Compensation Act, or alternatively, is it barred because it is derivative in nature? The Superior Court and the parties in each action have...

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