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D.S. v. SPURWINK SERVICES, INC.

Docket No. Cum-12-236.

65 A.3d 1196 (2013)

2013 ME 31

D.S. v. SPURWINK SERVICES, INC.

Supreme Judicial Court of Maine.

Decided: March 21, 2013.

Attorney(s) appearing for the Case

Thomas L. Douglas, Esq. (orally), Cooper & Bull, P.A., Westbrook, for appellant D.S.

Mark G. Lavoie, Esq. (orally), and Jennifer A.W. Rush, Esq. , Norman, Hanson & DeTroy, LLC, Portland, for appellee Spurwink Services, Inc.

Panel: SAUFLEY, C.J., ALEXANDER, LEVY, SILVER, MEAD, and JABAR, JJ.

ALEXANDER, J.

[¶ 1] In this case, D.S., an incapacitated woman, has alleged that in 2004 Spurwink Services, Inc. breached its duty of care to her by allowing her to leave the property of its education facility, which resulted in her being sexually assaulted by two strangers. We are asked to determine whether D.S.'s claims are subject to the mandatory prelitigation procedures of the Maine Health Security Act (MHSA), 24 M.R.S. §§ 2501-2987 (2012).

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