David A. Nichols

In Schiavi v. Goodwin, the plaintiff sued the defendants for breach of a written contract to purchase a restaurant property after the defendants retained a $25,000 deposit and did not convey the property following the collapse of a prior third-party sale. The Superior Court denied the defendants' motions for directed verdict and judgment notwithstanding the verdict, entered judgment on a jury verdict awarding the plaintiff $25,000, and granted the plaintiff a directed verdict on the defendants' counterclaim. On appeal, the Maine Supreme Judicial Court vacated the judgment and directed entry of judgment for the defendants, holding that the evidence was insufficient to support a finding of breach because the contract required concurrent performance and the plaintiff had not tendered the balance of the purchase price.

propertyprocedure

In this case, an employee sued her employer and supervisor for mental injuries stemming from sexual assaults and harassment by the supervisor, asserting common-law claims including assault, battery, and negligent infliction of emotional distress. The employer moved for summary judgment, arguing that the claims were barred by the exclusivity provision of the Maine Workers' Compensation Act because the alleged injuries were compensable under the Act's requirement that they arise out of and in the course of employment. The Superior Court denied the motion, holding that injuries from sexual assaults and harassment are not covered by the Act as a matter of law. On report to the Law Court, the court held that such injuries are not categorically excluded from the Act and that compensability depends on a factual determination of work-relatedness; it therefore vacated the order denying summary judgment and remanded for further proceedings.

labor & employmenttorts & liability

In Thompson v. Mercy Hospital, the plaintiff sued the hospital for negligence after sustaining a hand injury while operating a pressing machine, alleging inadequate training and supervision as a mentally retarded worker. The hospital moved to dismiss invoking charitable immunity, but discovery showed charitable gifts and donations comprised less than one percent of its annual revenue. The Maine Supreme Court held that the hospital was not entitled to charitable immunity because precedent requires an institution to derive its funds mainly from public and private charity to qualify, and neither of the doctrine's rationales applied where charitable funds were not at risk and the hospital's operations did not depend on charitable support.

torts & liabilityhealthcare

In this case, Maine police chief John J. Bernard was summarily convicted of criminal contempt by a Superior Court justice after interrupting proceedings and later confronting the judge in chambers over comments about police conduct during an arrest. The Supreme Judicial Court of Maine sustained Bernard's appeal and reversed the conviction. The court held that the summary disposition under M.R. Crim. P. 42(a) was procedurally defective because the judge's certification failed to recite specific facts showing conduct that disrupted judicial proceedings, and the process did not adequately protect due process rights. The ruling emphasized that while courts must maintain order, summary contempt requires strict compliance with procedural safeguards rather than conclusory statements.

criminal lawprocedure