Jay McLaughlin v. Emera Maine
2017 ME 232
| Me. | 2017Background
- McLaughlin granted Emera temporary access across roads on his ~3,200-acre Greenbush property for a transmission-line rebuild in exchange for $31,600; parties agreed Emera would repair damage beyond normal wear and tear.
- Emera engaged contractor Hawkeye (and a subcontractor) to do the work; McLaughlin alleged insufficient repairs to roads, culverts, vegetation, and surrounding land.
- McLaughlin sued Emera and Hawkeye for breach of contract, negligence, and statutory/common-law trespass; Emera filed an indemnification cross-claim against Hawkeye.
- After an eight-day trial and a view of the property, the trial court awarded McLaughlin $44,866.36 in damages (split among contract, negligence, and statutory trespass), plus $20,000 in attorney fees and $2,000 costs; the court also entered judgment in favor of Emera on indemnification and awarded Emera fees against Hawkeye (later appealed but dismissed by stipulation).
- Appeals: McLaughlin appealed the damages/permission/trespass rulings and statutory interpretation; Emera and Hawkeye cross-appealed the attorney-fee award under 14 M.R.S. § 7552.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of damages findings | McLaughlin argued trial court underestimated and misallocated damages | Emera/Hawkeye argued findings were supported by the record | Court affirmed: evidence supports trial court’s damage findings; not clearly erroneous |
| Permission to use/improve spur road | McLaughlin claimed he did not consent to use/improvements | Emera/Hawkeye showed testimony/evidence of permission; court could disbelieve McLaughlin | Court affirmed: substantial evidence that McLaughlin gave permission |
| Statutory trespass under 14 M.R.S. § 7551‑B | McLaughlin argued Hawkeye committed statutory trespass by causing entry/damage | Defendants argued statutory trespass requires entry without permission and McLaughlin consented | Court held § 7551‑B applies only to intentional entry without permission; no statutory trespass where permission existed |
| Attorney fees under 14 M.R.S. § 7552 | McLaughlin supported the trial court’s larger fee award | Emera/Hawkeye argued earlier statutory version (pre‑2015 amendment) limited fees to 50% of § 7552 damages | Court agreed fee award applied incorrect (post‑2015) statute; reduced McLaughlin’s attorney fees to 50% of § 7552 damages ($1,433.18) and affirmed judgment as modified |
Key Cases Cited
- Dickens v. Boddy, 119 A.3d 722 (stating standard for appellate review of factual findings)
- Theberge v. Theberge, 9 A.3d 809 (trial court’s credibility determinations and findings of fact are not clearly erroneous)
- Medeika v. Watts, 957 A.2d 980 (defining common-law trespass involving causing a thing or person to enter another’s land)