Diviney v. University of Maine SystemAnnotate this Case
Aleshia Diviney was injured when she slipped and fell on ice outside of her dormitory, located on the University of Southern Maine (USM) Gorham campus. Diviney filed a complaint alleging premises liability against USM, the University of Maine System (UMS), and the State. UMS moved for summary judgment, asserting untimely notice. The superior court granted summary judgment for UMS, concluding that Diviney did not file notice satisfying the statutory requirements until after the 180-day deadline had passed and that Diviney could not show “good cause” to excuse her failure to timely file notice. The Supreme Judicial Court affirmed, holding that the grant of summary judgment was proper because the question of “good cause” did not present genuine issues of material fact, and the court properly applied the language of Me. Rev. Stat. 14, 8107 to the facts in the record.