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.