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McLaughlin v. Superintending School Committee of Lincolnville9/16/2003
Reporter of Decisions
Argued: March 11, 2003
Patricia McLaughlin (Patricia), as next best friend of her grandson Joseph McLaughlin (Joseph), appeals from the summary judgment in favor of Superintending School Committee of Lincolnville (School) entered in the Superior Court (Waldo County, Marden, J.). Patricia contends that the Superior Court erred in finding that (1) she failed to comply with the 180-day notice requirement of the Maine Tort Claims Act (MTCA), 14 M.R.S.A. § 8107(1) (2003), and (2) that the September 2001 amendment to 14 M.R.S.A. § 8107(2) (2003) did not extend the deadline for her notice of claim. Because we agree with Patricia that the amendment to section 8107 extended the deadline for her notice of claim, we vacate the Superior Court's judgment and remand.
I. BACKGROUND
Joseph first enrolled at the Lincolnville Central School in November 1995, part way through his first grade year. During his third grade year, he began complaining of various health problems, including persistent headaches, confusion, memory loss, back pain, muscle weakness, and fatigue. Patricia noticed that on the days she picked Joseph up for lunch and took him to air-conditioned locations, he felt better. That spring it had been hot, and the classroom was stuffy and hot, with little airflow.
Patricia noticed a link between the classroom conditions and Joseph's problems, but attributed his problems to the heat. She disputes that she had any suspicion at that time that Joseph's problems were caused by the later-identified air quality problems at the school, or even later in fifth grade when his problems became more severe. Initially, she did not bring her concerns to the school officials because she did not consider herself Joseph's "parent," but she did talk to Joseph's third grade teacher about the hot, stuffy conditions in the classroom and Joseph's problem catching his breath.
Later, in fourth and fifth grades, Joseph developed problems with his motor skills, including an inability to hold and use a pencil. Patricia spoke to the school superintendent about Joseph's symptoms at the end of his fourth grade year, but stated that at that time she had no idea what might be causing them. Finally, in fifth grade, Joseph displayed strong signs of irritability.
On April 3, 2000, a routine indoor air quality assessment revealed to the school department the presence of certain molds, thought to have adverse health effects, and carbon dioxide levels above recommended levels. The assessment results were disclosed to the media and the public at a public meeting that evening. Local media reported the results the next day and continued to discuss the results throughout April, May, and June 2000.
Because of the air quality problems, on April 13, 2000, the School Department closed certain classrooms and relocated classes to other rooms in the building. Following the disclosure of the air quality information, Patricia faxed that information to one of Joseph's doctors, Dr. Lord, who told her that the air quality at the school was "not conducive to Joseph's health." Patricia discussed with Dr. Lord the possible connection between the air quality at the school and Joseph's muscle weakness. Patricia knew that high carbon dioxide levels could "sap" or "drain" Joseph's muscles and stated that at that time she realized, "inwardly," that the high carbon dioxide levels "could be affecting [Joseph] and [the high level] could be affecting headaches." Based on this information, Patricia, her husband, Joseph's parents, Dr. Lord, Joseph's physical therapist, Donna Dutton, and Dr. Upham, made a joint decision to remove Joseph from the Lin
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