Bacon V. Lupo

Annotate this Case

Download PDF

SUPERIOR COURT CIVIL ACTION DOCKET NO. C2- ~-~0~ STATE OF MAINE YORK, ss. 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

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.