Fish v. Paul

ROBERTS, Justice.

Gretchen Fish, individually and as personal representative of the estate of her son, Mark Colvin, appeals the dismissal by *1366the Superior Court (Penobscot County, Beaulieu, J.) of her complaint for failure to state a claim against defendants John and Claire Paul, d/b/a Horseshoe Motel. M.R. Civ.P. 12(b)(6). Fish argues that the Pauls are liable for their failure to help Colvin, a guest who became ill at their motel. Because the undisputed facts do not give rise to a duty to act on the part of the Pauls, we affirm the judgment.

The plaintiff alleges the following: On August 13,…