D.S. v. Spurwink Services, Inc.

[¶ 1] In this case, D.S., an incapacitated woman, has alleged that in 2004 Spur-wink 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).

[¶ 2] D.S. appeals from a summary judgment entered in the Superior Court (Cumberland County, Cole, J.) in favor of Spurwink Services. The court entered a summary…