Morgan v. Kooistra

[¶ 1] John Kooistra and Terry Walsh appeal the denial of their motions for summary judgment by the Superior Court (Cumberland County, Cole, J.) on Matthew L. Morgan’s complaint for defamation. Kooistra and Walsh argue that: (1) they each are entitled to discretionary function immunity pursuant to the Maine Tort Claims Act (the MTCA), 14 M.R.S. § 8111(1)(C) (2007); (2) they each qualify for intentional act immunity pursuant to the MTCA, 14 M.R.S. § 8111(1)(E) (2007); (3) their statements were true; and (4) the Workers’ Compensation Act’s exclusivity provision, 39-A M.R.S. §§ 104, 408 (2007),…