PORTLAND, Maine (Legal Newsline) – A woman traumatized when a crane she was operating crushed a repair worker and killed him can’t sue the company he worked for.
That was the Aug. 9 ruling of the Maine Supreme Court in Kim Boivin’s lawsuit against Somatex. She alleged her post-traumatic stress disorder was caused by the company’s negligence, but both courts to tackle the case have now ruled otherwise.
Despite an expert testifying PTSD is both a physical and mental injury, the Supreme Court rejected a claim for negligence because she failed to show physical symptoms. She also couldn’t sue for negligent infliction of emotional distress because she was not a direct victim of any negligence on the part of Somatex, the ruling says.
“(T)he duties that apply in an action for emotional harm are more limited than the general duty to avoid causing physical harm,” the ruling says.
“This distinction reflects that our determination of duty for claims of emotional harm ‘is not generated by traditional concepts of foreseeability.’”
Boivin operated large cranes at NewPage Paper Company in Rumford. The company hired Somatex to repair one of the cranes, and Brant Munster and Zack Croft reported to NewPage on Aug. 25, 2014.
Munster wanted to ride the crane while it was running to diagnose a problem with it, and Boivin initially refused to operate it but eventually agreed to. As she moved the crane, Munster stood up and was crushed between and overheard truss beam and the crane.
He fell approximately 30 feet to the floor and landed in front of Boivin. He died as a result of his injuries, and Boivin sustained PTSD from witnessing the event.
Still, courts ruled Somatex owed Boivin no duty of care.
“This case… does not call on us to decide whether the effects of PTSD can ever qualify as a physical injury that would fall within the scope of the general negligence duty of care,” the Supreme Court ruling says.
“Because Somatex owed no general duty of care to avoid causing Boivin the emotional harm she asserts, the court appropriately entered summary judgment with respect to Boivin’s general negligence claim against Somatex.”