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"We cannot conclude that a kitchen mixer falls within the same general class as the items enumerated in section 8104-A(1)(A) through (F)," Associate Justice Andrew M. Horton wrote on behalf of the majority. "Other than being a machine, the mixer does not meet the criteria we defined in New Orleans Tanker: it is not a transportation device, it is unlikely to be transported, it is unlikely to come into contact with the general public, and it is unlikely to be covered by an insurance policy."
The Maine Supreme Judicial Court majority on Wednesday upheld a lower court’s summary judgment order in favor of the University of Maine System, finding that an industrial kitchen mixer does not fall within immunity exceptions relating to “[o]ther machinery or equipment.”
The plaintiff, Eric Badler, was employed as a baker by Sodexo, a company that provides dining services to the University of Maine System. While Badler was working at the Farmington campus in November 2017, he injured his finger while using a university-supplied mixer and a bowl, according to the state high court’s majority opinion.
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