MUDGETT v. MARSHALL


574 A.2d 867 (1990)

David MUDGETT, et al. v. Barbara MARSHALL, et al.

Supreme Judicial Court of Maine.

Decided May 1, 1990.


Attorney(s) appearing for the Case

Thomas F. Monaghan, Kevin G. Libby (orally), and Kim Anderson True, Monaghan, Leahy, Hochadel & Libby, Portland, for Mudgett.

John N. Kelly and Graydon G. Stevens (orally), Kelly, Remmel & Zimmerman, Portland, for Kimball.

Robert A. Cohen, Cohen & Cohen, Portland, for Leavitt.

Thomas A. Cox and Joel C. Martin (orally), Petrucelli, Cox & Martin, Portland, for Marshall.

Frederick C. Moore and James C. Hunt (orally), Robinson, Kriger, McCallum & Greene, P.A., Portland, for P.I.E.

Robert F. Hanson and James D. Poliquin (orally), Norman, Hanson & Detroy, Portland, for Megquier & Jones.

Before ROBERTS, WATHEN, GLASSMAN, CLIFFORD, HORNBY and COLLINS, JJ.


GLASSMAN, Justice.

This appeal involves five cases that were consolidated for trial.1 The separate actions all arose out of an accident that occurred on August 31, 1981 when two steel frames collapsed during the erection of a chip storage building at the paper plant of S.D. Warren in Westbrook. Two steelworkers, Loren Kimball and Brian Leavitt, died as a result of the accident and a third worker, David Mudgett, was seriously injured. Mudgett...

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