Philbrook v. Gates Formed-Fibre Products, Inc.

SCOLNIK, Justice.

The plaintiff, Norman Philbrook, appeals from a judgment of the Superior Court, Kennebec County, granting defendant Gates Formed-Fibre’s motion for summary judgment on the ground that Philbrook was precluded from suing Gates by the exclusivity provision of the Workers’ Compensation Act, 39 M.R.S.A. § 1 et seq. (1978 and Supp.1987) (hereinafter “the Act”). We agree with Philbrook that on the record on the motion there remains a genuine factual issue whether that exclusivity provision is here applicable. We therefore vacate the summary judgment.

The facts of this case are as…