Legal Opinion

Davis v. Bath Iron Works Corporation

Supreme Judicial Court of Maine

Decided May 21, 1975PublishedCited by 7 opinions

1Opinion of the Court

ARCHIBALD, Justice.

On report.

Plaintiff Lawrence K. Davis brought a civil action premised on common law concepts of negligence against his former employer, Bath Iron Works Corporation, seeking damages resulting from having contracted asbestosis during the course of his employment.

A Justice of the Superior Court had denied defendant’s motion to dismiss the complaint, which motion was prertiised on two positions, (1) the plaintiff’s exclusive remedy arose under the Maine Workmen’s Compensation Act (Act) and, alternatively, (2) if the Act is not plaintiff’s exclusive remedy, the action is barred…

2Cases cited3 opinions

  1. Summers v. Western Idaho Potato Processing Co.Idaho Supreme Court · 1970
  2. Severance v. State, Department of TransportationSupreme Judicial Court of Maine · 1974
  3. Niles v. Marine Colloids, Inc.Supreme Judicial Court of Maine · 1969

3Cited by7 opinions

  1. Greer v. United States Steel Corp.Supreme Court of Pennsylvania · 1977
  2. Knox v. Combined Insurance Co. of AmericaSupreme Judicial Court of Maine · 1988
  3. Mergenthaler v. Asbestos Corp. of America, Inc.Superior Court of Delaware · 1987
  4. Russell v. Camden Community HospitalSupreme Judicial Court of Maine · 1976
  5. Reed v. Avian Farms, Inc.District Court, D. Maine · 1996

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