PHILBROOK v. GATES FORMED-FIBRE PRODUCTS


536 A.2d 1118 (1988)

Norman B. PHILBROOK v. GATES FORMED-FIBRE PRODUCTS, INC.

Supreme Judicial Court of Maine.

Decided February 3, 1988.


Attorney(s) appearing for the Case

Peter B. Bickerman (orally), Lipman & Parks, P.A., Augusta, for plaintiff.

Judith W. Andrucki (orally), Marshall, Raymond & Bonneau, P.A., Lewiston, for defendant.

Before McKUSICK, C.J., and NICHOLS, ROBERTS, WATHEN, GLASSMAN, SCOLNIK and CLIFFORD, JJ.


SCOLNIK, Justice.

The plaintiff, Norman Philbrook, appeals from a judgment of the Superior Court, Kennebec County, granting defendant Gates Formed-Fibre's motion for summary judgment on the ground that Philbrook was precluded from suing Gates by the exclusivity provision of the Workers' Compensation Act, 39 M.R.S.A. § 1 et seq. (1978 and Supp.1987) (hereinafter "the Act"). We agree with Philbrook that on the record on the motion there remains a genuine...

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