Inman v. Aetna Casualty & Surety Co.

Supreme Judicial Court of Maine

Inman v. Aetna Casualty & Surety Co.

538 A.2d 772, 1988 Me. LEXIS 73

DecidedMarch 18, 1988

StatusPublished

This text of 538 A.2d 772 (Inman v. Aetna Casualty & Surety Co.) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Inman v. Aetna Casualty & Surety Co., 538 A.2d 772, 1988 Me. LEXIS 73 (Me. 1988).

Pincite

Opinion

MEMORANDUM OF DECISION.

The plaintiff, Yvette Inman, appeals an order of the Superior Court (Kennebec County), dismissing her declaratory judgment action against the defendant, Aetna Casualty & Surety Company (“Aetna”). The complaint requests the court to determine the extent and application of the defendant’s potential workers’ compensation lien under 39 M.R.S.A. § 68 (Pamph.1987) on the plaintiff's proposed third-party settlement of a wrongful death case.

The court is evenly divided on the question whether the Superior Court acted within its discretion in declining to provide what it considered to be an advisory opinion in an action that it determined failed to present a real case and controversy.

The entry is:

By an evenly divided court, judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI