# Forbes-Lilley v. Maine Unemployment Insurance Commission

> Supreme Judicial Court of Maine · June 16, 1994 · 643 A.2d 377

URL: https://www.frixlaw.com/law-library/cases/4950120

## Case

- **Full name:** Jeanne FORBES-LILLEY v. MAINE UNEMPLOYMENT INSURANCE COMMISSION
- **Court:** Supreme Judicial Court of Maine
- **Decided:** June 16, 1994
- **Citations:** 643 A.2d 377; 1994 Me. LEXIS 115
- **Precedential status:** Published
- **Opinion:** Dissent by Dana
- **Judges:** Clifford, Dana, Glassman, Roberts, Rudman, Wathen
- **Cited by:** 24 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4950120

## How later opinions describe it (automated extraction)

- 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” t…
- finding that a truck driver’s negligent causation of car accident constituted misconduct

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4950120. Public record. Not legal advice.