David Chase v. Leen, Chase & Dufour
December 20, 2021
going & coming rule
Summary from the Troubh Heisler Attorneys
David Chase v. Leen, Chase & Dufour (21-33) - Chase injured his leg when he slipped and fell on his front steps while leaving home after getting lunch and starting back toward work. He did not work at home, but he may have thought about work while at home. He filed petitions which Judge Jerome denied under the "coming and going" rule.
Chase appealed, but the appellate panel affirmed the decision, citing the Law Court’s 1979 Waycott decision and the “public streets” doctrine. They rejected Chase’s argument that he was "traveling employee" on his way to conduct business, finding instead that he was a commuter. Finally, they found that Judge Jerome correctly applied the Comeau factors.