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RECENT VICTORIES 2010
Erica Johanson and John Wall recently convinced the Maine Law Court to overturn summary judgment against their client, Pramodh Koshy, in an action for contribution and indemnification in which Enterprise Rent-A-Car Company was looking to Koshy to pay over $1.0 million in settlement costs and attorneys' fees. The Law Court ruled that the statute imposing joint and several liability on owners and renters of rental cars did not apply to a renter who was not operating the vehicle and who was not negligent in allowing someone else to operate the rental car. The Law Court also ruled that the rental agreement may be unenforceable to the extent that it requires a renter to fully indemnify Enterprise for liability arising out of an accident. Click here to read more
Zack Greenfield and Erica Johanson recently prevailed at the Maine Law Court on a claim that Stewart Title Guaranty Company wrongfully refused to provide a defense to its insureds. Zack and Erica argued that Stewart Title had no duty to defend the Smiths in a suit brought against them by their neighbor for obstruction of her access easement across their property. Since the easement was described identically in both the Smiths' and the neighbor's deeds, the only issue concerned where on the face of the earth the easement was located. Zack and Erica contended that under these circumstances, the policy's Survey Exception, which excepts from coverage "encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises," is applicable. The Law Court agreed. Click here to read more
2009
In December of 2009, Ken Pierce successfully argued before a Cumberland County jury on behalf of the Defendant, a dog owner, in an effort to significantly reduce the amount of the verdict awarded to the Plaintiff due to a slip and fall accident. Plaintiff, a 76 year old woman, suffered injuries and... Click here to read more
In a recent battle between personal auto carriersin the Maine Superior Court, Erica Johanson recovered $50,000 from Allstate Insurance Company for Vermont Mutual Insurance Company. She successfully argued that possible intent to purchase a vehicle and possession of that vehicle for a couple of months does not constitute a transfer of ownership. The personal auto insurer for the vehicle, Allstate, asserted that... Click here to read more
In November of 2009, Ken Pierce argued to a Cumberland County jury that his client, a property owner, was not responsible when a visitor fell down the cellar stairs of his home. The jury agreed and granted judgment in favor of Ken's client. The jurors... Click here to read more
In Garrison City Broadcasting v. York Women's Care, Kevin Libby and Erica Johanson successfully defended at trial and again on appeal a vigorously-fought battle brought by a creditor of York Women's Care to recoup from it, its landlord, and the owner of both entities payments for back-due rent that York Women's Care had made to its landlord after it had become insolvent. Maine's Fraudulent Transfers Act ("MFTA") prohibits payment by an insolvent debtor to a related entity for a debt that arose prior to insolvency, excepting payments made in the ordinary course of the debtor's business. The MFTA allows... Click here to read more
In Farrell v. Hodgin et. al., Ken Pierce and Erica Johanson successfully argued that their client, owner of a parking lot situated behind the Plaintiff's property, was not responsible for water damage to Plaintiff's property that occurred during the epic Mother's Day storm... Click here to read more
Chris Dinan was recently listed in New England Super Lawyers for Alternative Dispute Resolution; one of 4 Maine attorneys listed in that field. Also, Chris has been listed for the fourth year in The Best Lawyers in America for ADR; for 2010 they also added in the practice area of personal injury litigation. Click here to read more
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