Opinion

Forbes-Lilley v. Maine Unemployment Insurance Commission

  • 643 A.2d 377
  • 1994 Me. LEXIS 115
Court
Supreme Judicial Court of Maine
Filed
Jun 16, 1994
Status
Published
Author
Dana
On the bench
Clifford, Dana, Glassman, Roberts, Rudman, Wathen
Cited by
24 cases
Authority
More cited than 19.4%

holding that tractor-trailer driver’s aggravated negligence in ramming a vehicle she was attempting to pass on the highway, causing personal injury to the vehicle's driver and extensive property damage, was "tantamount to an intentional disregard of the employer’s interests” that disqualified her from receiving unemployment benefits

How later courts described this case

  • holding that tractor-trailer driver’s aggravated negligence in ramming a vehicle she was attempting to pass on the highway, causing personal injury to the vehicle's driver and extensive property damage, was "tantamount to an intentional disregard of the employer’s interests” that disqualified her from receiving unemployment benefits
  • finding that a truck driver’s negligent causation of car accident constituted misconduct

Written by the judges who cited it.

The opinion

DANA, Justice,

with whom ROBERTS, J. joins, dissenting.

I respectfully dissent.

Today the Court concludes that a factfin-der may characterize a single unfortunate moment of inattentiveness as the functional equivalent of an intentional tort. If the Legislature had intended for misconduct to include a single act of simple negligence, it could have so provided.

In addition, I believe that the Court’s decision ignores the “remedial nature” of the Employment Security Law, which “dictates a liberal construction in favor of the employ *380 ee.” Brousseau v. Maine Employment Sec. Comm’n, 470 A.2d 327, 329 (Me.1984). For these reasons, I would affirm the judgment of the Superior Court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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