Estates Of Morgan v. Fairfield Family Counseling Center

673 N.E.2d 1311 (1997)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Matt Morgan was playing cards with his parents, Jerry and Marlene Morgan, and sister, Marla Morgan. Matt excused himself from the table, went upstairs, and obtained a gun. He came back downstairs and shot and killed his parents and seriously injured his sister. During the previous year, Matt had been examined by or received counseling from various mental health professionals who were either employed by or served as consultants to D. Matt was diagnosed with schizophreniform disorder and had been put out of his parent’s home for violence. Homeless, he was admitted to a mental health facility in Philadelphia. Doctors concluded that Matt's illness could be controlled by medication, and Matt agreed that the medication was helping him and that his symptoms of mental illness may have contributed to his conflicts, especially with his father. It was Dr. Ladenheim's opinion that Matt should return to his parents' home, but that the treatments and medication must continue in order for Matt to safely return to Ohio. Matt came into contact with D after his discharge from Philadelphia. Lambert, at D, thought that Matt was faking symptoms in order to get SSI benefits. Matt continued psychotherapy, and vocational counseling at D. Matt's condition deteriorated, and he became verbally abusive toward his parents and wanted to fight. His parents felt threatened by him. He was violent towards objects of his rage; repeatedly hitting a telephone pole with a baseball bat. Marlene contacted D severe times to report these symptoms. Matt failed to take his medication. Marlene sent a letter to D seeking further help regarding her son's deteriorating condition; Matt’s employer reported to D that Matt was too weak to push a lawnmower. D evaluated Matt and found he was not eligible for involuntary hospitalization. Matt's parents had attempted to initiate involuntary commitment proceedings, but the probate court informed them that it would need Lambert's approval. D concluded that Matt could not be hospitalized or given medication against his will. A Dr. McGovern then spoke with Matt's parents on July 23 and July 25 and informed them of his conclusion. On July 25th, Matt shot his parents and sister. He was found not guilty by reason of insanity. Sholl (P), as executor of the Estates of Jerry and Marlene Morgan, and Marla Morgan, plaintiffs-appellants, instituted this action against Dr. Brown, D, and its employees, alleging that their negligence in treating Matt was the proximate cause of Jerry's and Marlene's death and Marla's injuries. The trial court entered summary judgment in favor of Dr. Brown, D, and its employees. The court of appeals reversed the trial court's judgment as to Dr. Brown but affirmed it as to D and its employees. Ps again appealed.