(Download) "Martin v. Scott Paper Co." by Supreme Judicial Court of Maine # Book PDF Kindle ePub Free
eBook details
- Title: Martin v. Scott Paper Co.
- Author : Supreme Judicial Court of Maine
- Release Date : January 20, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The plaintiff, Ivan S. Martin (Martin), appeals from a judgment for the defendant, Scott Paper Company (Scott) entered on the orders of the Superior Court, Piscataquis County, granting the motions of Scott for summary judgment as to Count I of Martin's complaint and to dismiss for failure to state a claim for which relief could be granted as to Counts II, III and V of the complaint. For the reasons set forth herein, we vacate the judgment as to Count I and affirm as to Counts II, III and V. Martin filed a civil action against Scott seeking damages for injuries sustained by Martin while cutting wood on land owned by Scott near Bald Mountain in Piscataquis County. In Count I Martin claimed he was an employee of Scott at the time he was injured as a result of the negligence of Scott, who by reason of alleged failure to comply with the notice requirement of 39 M.R.S.A. § 26 (Supp. 1985-1986)1 had waived immunity to civil suit by Martin. In Count II, Martin alleged that as an employee of Scott, he is a third-party beneficiary of a contract between Scott and Robert Smith (Smith), an ""independent jobber"" who was also an employee of Scott and who had contracted with Scott to cut pulpwood on Bald Mountain. In Count III, Martin claimed as an employee of Scott he is entitled to relief from Scott under the doctrine of promissory estoppel based upon the contract between Scott and Smith. In Count V, Martin sought punitive damages based upon Counts II and III. Scott, by its answer denied, inter alia, that Martin and Smith were employees of Scott.
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