Cent. Me. Power Co. v. Devereux Marine, Inc.

While working at Devereux Marine, Employee was electrocuted when the mast he was lowering came into contact with an overhead high-voltage power line owned by Central Maine Power Company (CMP). Employee received workers' compensation benefits through Devereux and separately sued CMP for negligence. The court awarded Employee $4,890,631 in damages. After paying the judgment, CMP brought this claim for indemnification against Devereux. Accompanying CMP's complaint was a motion for ex parte real estate attachment. The business and consumer docket denied CMP's motion for attachment, interpreting the Maine Overhead High-voltage Line Safety Act as creating a statutory right of contribution as opposed to a right to indemnification. The Supreme Court vacated the denial of the motion to attach, holding that full indemnification from an employer is required when (1) an employee is injured after bringing materials into contact with an overhead high-voltage power line; (2) the employer is determined to have violated the Act; and (3) the owner of the high-voltage line becomes liable to the employee. Remanded. View "Cent. Me. Power Co. v. Devereux Marine, Inc." on Justia Law