Plаintiffs Karl Kraul and his mother, Sandra Bouthiet, appeal from a summary judgment entered in the Superior Cоurt (Cumberland County, Bradford, J.) in favor of the defendants, Maine Bonding & Casualty Company; Roger C. Legere; and an independent insurance agency, Blake, Hall & Sprague, Inc., on the plaintiffs’ consolidated actions seeking damages for perjury pursuant to 14 M.R.S.A. § 870 (1980). The plaintiffs argue that the court erred in construing section 870 and in holding that the judgment in the previous trial was not based on perjured testimony. We affirm the judgment.
In 1978 Karl Kraul was severely injured when he dove into a swimming pool sold and installed by Kasu Corporation, a company that ceаsed doing business in 1977. The plaintiffs obtained a default judgment against Kasu. While in business, Kasu was insured by Maine Bonding and hаd obtained the policy through the insurance agency. The policy had expired beforе the accident and consequently Maine Bonding refused to defend Kasu in the suit. 1
In 1985 the plaintiffs brought an action against Maine Bonding to reach and apply the insurance coverage. At the same time, the plaintiffs as assignees of Kasu commenced an action against Maine Bonding for breach of contract, negligence, and punitive damages. The court
(Wemick, AR.J.)
granted a summary judgmеnt to Maine Bonding in both actions. We affirmed the judgment in the reach and apply action.
Kraul v. Maine Bonding & Casualty Co.,
The plaintiffs contend that the court erred in concluding that the perjury in
Kraul I
relating to a motion for а summary judgment is not “perjury of a witness at the trial” within the meaning of 14 M.R.S.A. § 870. We review the trial court’s interpretation of a statute for errors of law.
Thibeault v. Larson,
14 M.R.S.A. § 870 provides:
When a judgment has been obtained against a party by the perjury of a witness introduced at the trial by the adversе party, the injured party may, within 3 yearsafter such judgment or after final disposition of any motion for relief from the judgment, bring an action against such adverse party, or any perjured witness or confederate in the perjury, to recover the damages sustained by him by reason of such perjury; and the judgment in the former action is no bar thereto.
“Our steadfast adherence to the principlе of finality compels us to construe this statute, which runs contrary to common law, strictly.”
Spickler v. Greenberg,
The plain mеaning of the statutory language of section 870 requires that perjury of a witness be “introduced at thе trial.” A summary judgment proceeding is not a trial; rather, it is a method for promptly disposing of an action without a trial if there is no genuine dispute as to any material fact and any party is entitled to a judgment as a matter of law. See M.R.Civ.P. 56; 2 Field, McKusick & Wroth, Maine Civil Practice § 56.4, at 39 (2d ed. 1970) (hearing on summary judgment motion is “not in any sense a trial”). Thus, strictly construing the statute, perjury contained in an affidavit and deposition submitted in suppоrt of a summary judgment motion is not perjury of a witness “introduced at the trial” within the meaning of section 870. Expansion of the scope of the statute is a function for the Legislature and not the courts.
Thе court also found that, assuming that the witness committed perjury at the trial in
Kraul II,
the trial court disregarded the perjurious testimony. The plaintiffs contend that had there been no perjury, the Superior Court and this Court would have rendered judgments favorable to the plaintiffs in
Kraul II.
Both the trial court’s ruling and our decision affirming the judgment demonstrate that the trial court’s judgment was not based on perjured testimony; rather, it was based on the plaintiffs’ failure to prove the elements required to prevail under an implied contract or estoppel theory of recovery.
See Kraul II,
The entry is:
Judgment affirmed.
All concurring.
Notes
. Kasu's action against the agency for negligence and breach of contract was barred by the statute of limitations.
See Kasu Corp. v. Blake, Hall & Sprague, Inc.,
