Opinion
Civil Action CV-15-73
01-27-2017
EVERGREEN MOUNTAIN ENTERPRISES, LLC and SETH CAREY, Plaintiffs, v. OXFORD CASINO, ET AL., Defendants.
ORDER ON DEFENDANT OXFORD CASINO'S MOTION FOR SUMMARY JUDGMENT
After consideration of Defendant Oxford Casino's Motion for Summary Judgment and any opposition thereto, Defendant's motion is hereby GRANTED.
Plaintiffs have failed to raise a genuine issue of material fact that would present a triable issue regarding whether, how, or by whom Seth Carey's cell phone was tapped. Plaintiffs have failed to establish a prima facie case for the elements of the claim of invasion of privacy/intrusion on seclusion, which requires an allegation of physical intrusion upon premises privately occupied. See, e.g., Estate of Berthiaume v. Pratt, 365 A.2d 792, 795 (Me. 1976); Lougee Conservancy v. CitiMortgage, Inc., 2012 ME 103, ¶ 16, 48 A.3d 774, 781; Nelson v. Maine Times, 373 A.2d 1221, 1223 (Me. 1977).
Moreover, even if the act of tapping a cell phone rose to the level of the tort of invasion of privacy, the plaintiffs have failed to produce admissible evidence sufficient to survive a claim for directed verdict, and summary judgment should be granted.
Judgment shall enter for Defendant Oxford Casino on Plaintiffs' claim for invasion of privacy by intrusion on seclusion.
In accordance with prior orders in this case, all counts asserted in the Plaintiffs' Complaint or Amended Complaint are hereby dismissed.
Defendant Oxford Casino shall submit an affidavit of attorney's fees within 14 days of the docketing of this Order.
So Ordered.
This Order shall enter upon the civil docket pursuant to M.R. Civ. P. 79(a)]