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PENN v. FMC CORP.

901 A.2d 814 (2006)

2006 ME 87

Spencer PENN III v. FMC CORPORATION.

Supreme Judicial Court of Maine.

Decided: July 19, 2006.

Attorney(s) appearing for the Case

C. Donald Briggs III, Esq. (orally), Briggs & Counsel, Rockport, for plaintiff.

Wayne A. Graver, Esq. (orally), Lavin, O'Neil, Ricci, Cedrone & Disipio, Philadelphia, PA, Clifford H. Ruprecht, Esq., Pierce Atwood, Portland, for defendant.

Panel: SAUFLEY, C.J., and CLIFFORD, ALEXANDER, CALKINS, LEVY, and SILVER, JJ.

LEVY, J.

[¶ 1] Spencer Penn III appeals the grant of a summary judgment by the Superior Court (Knox County, Wheeler, J.) in favor of FMC Corporation on Penn's action for negligence. On appeal, Penn contends that a summary judgment was inappropriate because genuine issues of material fact exist as to whether FMC is entitled to statutory immunity under the Workers' Compensation Act, 39-A M.R.S. § 104 (2005). We affirm the judgment.

I. BACKGROUND...

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