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   State Courts - Maine - June 16 - June 21, 2006

  
Fournier v. Aetna, Inc., Docket: WCB-05-471, SUPREME JUDICIAL COURT OF MAINE, June 16, 2006, Decided
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Overview: An employee's claim was not barred by the going and coming rule where the employee was injured when she fell on a common stairway after returning from lunch at a building which housed the employer's business.

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Patrons Oxford Ins. Co. v. Harris, Docket: Pen-04-636, SUPREME JUDICIAL COURT OF MAINE, June 16, 2006, Decided
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Overview: Accident victim, who entered into a stipulation for entry of judgment in a personal injury action with the driver of an insured truck, could recover damages from an insurer under Me. Rev. Stat. Ann. tit. 24-A, § 2904 because the driver was covered under a policy as he could have reasonably believed that he was given permission to operate the truck.

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Jabar v. Jabar, Docket: Cum-05-516, SUPREME JUDICIAL COURT OF MAINE, June 19, 2006, Decided
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Overview: Denial of husband's motion to decrease child support was proper because evidence supported findings that, inter alia, wife retained primary residence of the children, had more time with the children, and that the parties did not provide substantially equal care for the children pursuant to Me. Rev. Stat. Ann. tit. 19-A, § 2006(5)(D-1).

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Payne v. Payne, Docket: Sag-05-423, SUPREME JUDICIAL COURT OF MAINE, June 19, 2006, Decided
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Overview: Trial court's findings that the annual income of a husband in a divorce proceeding was $ 70,000, inclusive of his Navy benefits, was clearly erroneous. Husband's monthly housing and sustenance allowances, and the fact that, as a Florida resident, he paid no state income tax, did not support the finding as to the husband's income.

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State v. Pierce, Docket: Kno-05-337, SUPREME JUDICIAL COURT OF MAINE, June 19, 2006, Decided
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Overview: Convictions for Class B trafficking and Class C conspiracy were affirmed because more than 20 pounds of marijuana could be attributed to defendant by inferring that the 11.96 pounds of plant material stripped by the police would have been sold. Forfeiture of $145,000 in cash was warranted under Me. Rev. Stat. Ann. tit. 15, §§ 5821, 5826.

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FOREMOST INS. CO. v. LEVESQUE, CIVIL ACTION DOCKET NO: CV-03-586, SUPERIOR COURT OF MAINE, CUMBERLAND COUNTY, June 20, 2006, Decided
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MONTGOMERY v. CAIRNS, CIVIL ACTION DOCKET NO. CV-04-342, SUPERIOR COURT OF MAINE, CUMBERLAND COUNTY, June 20, 2006, Decided
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State v. Perry, Docket: Oxf-05-47, SUPREME JUDICIAL COURT OF MAINE, June 20, 2006, Decided
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Overview: Transporting a bear out of the state was not a civil violation at the time of the occurrence because Me. Rev. Stat. Ann. tit. 12, § 7452(14) (1994) had been repealed. Thus, it could not have been a crime for a guide to assist a client in transporting a bear into New Hampshire.

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Clifford v. Cues Inc., CIVIL ACTION Docket No. CV-06-6, SUPERIOR COURT OF MAINE, PENOBSCOT COUNTY, June 21, 2006, Filed
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