Stanton v. University of Maine System

Reporter of Decisions Argued: May 17, 2001 ¶1 Plaintiffs Dolores Stanton and her parents appeal from a summary judgment entered in the Superior Court (Cumberland County, Mills, J.) in favor of defendant University of Maine System. Plaintiffs argue that the court erred in granting defendant's motion for summary judgment on their claims of negligence and implied contract. We agree that the court erred in ordering summary judgment on the negligence claim, and we vacate as to that claim. I. Background ¶2 The facts taken in the light most favorable to plaintiffs may be summarized as follows: Plaintiff Dolores Stanton, age 17, was a special student, i.e., one who does not have a high school diploma but takes classes at the University. She attended a pre-season soccer program at the University of Southern Maine in Gorham, that ran from August 24, 1997, through September 1, 1997. Student athletes participating in the pre- season sports training program were allowed to stay in dormitories on the campus. Plaintiff was assigned to stay with another girl in the Upton- Hastings dorm for the duration of the one-week program, but had difficulty with the roommate and was reassigned to another room in the Robie- Andrews dorm, where twelve other students were assigned.