Thapar v. Zezulk

994 S.W.2d 635 (1999)

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Nature of the Case

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Facts

Lilly had a history of mental health problems and psychiatric treatment. D first treated Lilly in 1985. D diagnosed Lilly as suffering from moderate to severe post-traumatic stress disorder, alcohol abuse, and paranoid and delusional beliefs concerning his stepfather, Henry Zezulka, and people of certain ethnic backgrounds. D treated Lilly with a combination of psychotherapy and drug therapy over the next three years. D treated Lilly on an outpatient basis. But on at least six occasions Lilly was admitted to in response to urgent treatment needs. Lilly was also admitted on one occasion after threatening to kill himself. In August 1988, Lilly agreed to be admitted. D's notes from August 23, 1988, state that Lilly 'feels like killing' Henry Zezulka. But, the record shows that Lilly 'has decided not to do it but that is how he feels.' Lilly was discharged. Within a month Lilly shot and killed Henry Zezulka. D never warned any family member or any law enforcement agency of Lilly's threats nor did D inform any family member or any law enforcement agency of Lilly's discharge. Ps sued D for a failure to warn and negligence. D moved for summary judgment on the ground that P had not stated a claim for medical negligence because D owed no duty to Ps. The trial court reconsidered and granted summary judgment for D. P appealed. The court of appeals held that the no-duty ground asserted by D for summary judgment was not a defense to the cause of action pleaded by Ps. D appealed.