Fanion v. McNeal

577 A.2d 2 (1990)

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Fanion v. McNeal

Maine Supreme Judicial Court
577 A.2d 2 (1990)

Facts

On January 5, 1988, fifteen-year-old Christopher Girard was hired by Philip McNeal (defendant), the sole proprietor of McNeal Trucking, to help collect garbage. McNeal did not have a work permit for Girard, even though it was required. McNeal had workers’-compensation insurance coverage. Four hours after he was hired by McNeal, Girard fell off McNeal’s truck and was struck and killed. Jeanette Fanion (plaintiff), Girard’s mother, was the personal representative of Girard’s estate and filed a death action against McNeal. McNeal moved for summary judgment, arguing that he was exempt from tort liability on the basis that workers’-compensation benefits were the exclusive remedy for an employee. The Maine Superior Court granted summary judgment to McNeal. Fanion appealed, arguing that the contract of hire between Girard and McNeal violated child-labor laws, was against public policy, and was voidable by the minor.

Rule of Law

Issue

Holding and Reasoning (McKusick, C.J.)

Dissent (Glassman, J.)

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