Bacon v. Lupo
This text of Bacon v. Lupo (Bacon v. Lupo) is published on Counsel Stack Legal Research, covering Superior Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
STATE OF MAINE SUPERIOR COURT CIVIL ACTION YORK, ss. DOCKET NO. C2- ~-~0~ fA J:: -yo!<- ~JO/'..ZD/3 MICHAEL BACON,
Plaintiff
v. ORDER
LUPO, LLC
Defendant
The remaining defendant LUPO, LLC has filed a motion for partial summary
judgment, which has been briefed and argued. The motion is granted in part.
The motion is denied as to the plaintiff's defamation claim contained in Count III
of the complaint. The question of whether the alleged defamatory statement is a
statement of fact or of opinion is a question of law. As the average reader could
reasonably understand the statement as either fact or opinion, the issue must be
submitted to the jury, Caron v. Bangor Publishing Company, 470 A.2d 782, 784 (Me. 1984).
The motion will however be granted as to back pay after October 23, 2011. Mr.
Bacon has neither been fired nor quit and has not produced any quantifiable claim for
damages.
The motion will be granted without objection as to the claim of constructive
discharge. The entry is:
Defendant's motion for partial summary judgment granted in part, denied in part.
Dated: August 30,2013
Paul A. Fritzsche Justice, Superior Court
2 ATTORNEY FOR PLAINTIFF: JONATHAN GOODMAN TROUBH HEISLER ESQ PO BOX 9711 PORTLAND ME 04104
ATTORNEYS FOR DEFENDANTS: MATTHEW JLAMOURIE JOHN CRONAN III PRETI FLAHERTY BELIVEAU PACHIOS LLP POBOX9546 PORTLAND ME 04112
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