Professional negligence

Law Reporter, Sep 1999

ATLA's Professional Negligence Law Reporter includes a broad range of professional liability cases. Here are examples of the kinds of cases appearing in each issue of PNLR

INSURANCE

Insurer must defend insureds against suit based on actions occurring before and after policy began A U.S. district court held that an insurer must defend its policyholders against a legal negligence suit based on failure to prosecute a case before and after the policy took effect. *Harry W. Asquith, Providence, R.I., represented plaintiffs.

O'Donnell v. Twin City Fire Ins. Co., 40 F. Supp. 2d 68 (D.RI. 1999).

LAW

Nonclient could file suit against law firm for negligent misrepresentation

The Texas Supreme Court held that despite a lack of privity between the parties, a law firm may be liable to a nonclient for negligent misrepresentation under RESTATEMENT (SECOND) OF TORTS 552. David M. Gunn, Houston, Tex., represented plaintiffs.

McCamish, Martin, Brown dr"Loeffler v. EE. Appling Interests, 991 S.W.2d 787 (Tex. 1999).

[ Comment. See also Gilchrist Timber Co. v. TTT Rayonier, Inc., 696 So. 2d 334 (Fla. 1997), 40 ATLA L. Rep. 307 (Oct. 1997), holding that a party who negligently provides erroneous information to others may be liable to them under (sec) 552.552. *Leonard E. Ireland Jr., Gainesville, Fla., represented plaintiff in this case. Documents in the Gilchrist Timber Co. case are available through the Court Documents section in the back section of this issue, courtesy of Mr. Ireland. ]

Limitations period for legal negligence suit tolled while attorney continued representing client

A Texas appellate court held that the statute of limitations on a legal negligence action was tolled during the time period that the defendant attorney had represented the client in the underlying litigation. H. Miles Cohn, Houston, Tex., represented plaintiff.

Guillot v. Smith, _ S.W.2d _, No. 01-98-01064-CV, 1999 WL 318840 (Tex. Ct. App. May 20, 1999).

[ Comment: For a case in which the court held that a transactional legal negligence action accrues when a client suffers redressable harm, see Throneburg v. Boose, Casey, Ciklin, Lubitz, Martens, McBane & O'Connell, 659 So. 2d 1134 (Fla. Dist. Ct. App. 1995), 38 ATLA L. Rep. 388 (Dec. 1995). *H. Terrell Griffin, Orlando, Fla., represented plaintiff. Documents in Throneburg are available through the Court Documents section in the back section of this issue, courtesy of Mr. Griffin.]

NURSING HoME

Failure to have working nighttime alarm at nursing home facility

Settlement on behalf of a nursing home resident who died after leaving the home unsupervised and fracturing her hip. The resident's daughter, on behalf of her mother's estate, sued the nursing home's owners, alleging elder abuse under California statutory law, based on defendants' failure to ( 1 ) properly supervise the resident and (2 ) have a working nighttime alarm that would alert staff of a resident's attempt to leave. *Steven B. Effres, Calabasas, Cal., represented plaintiff.

Perry v. Tuazon, Cal., Los Angeles Super. Ct., No. LC 043683, Apr. 16, 1999.

PSYCHOTHERAPY

Intentional tort exception inapplicable to claim that psychologist mismanaged patient-therapist relationship

The Tenth Circuit Court of Appeals held that the intentional tort exception to the Federal Tort Claims Act (FTCA), 28 U.S.C. 2680 (h), did not apply to a claim that a government-employed psychologist had mismanaged a patient-therapist relationship by engaging in sexual conduct and drug and alcohol abuse with the patient. Plaintiff was represented by *Bruce E. Pasternack, Valerie A. Chang, and *Neil R Blake, all of Albuquerque, N.M. Documents in this case are available through the Court Documents section in the back section of this issue, courtesy of Mr. Pasternack.

Benavidez v. United States, _ F.3d _, No. 97-2313, 1999 WL 369891 (lOth Cir. May 20, 1999). Statute immunizing good faith actions during civil commitment process does not cover negligent care

The Mississippi Supreme Court held that MISS. CODE ANN. (sec) 41-21-105, which immunizes good faith actions in connection with the civil commitment process, does not extend to negligent care. *John G. Holaday and *Shane F. Langston, both of Jackson, Miss., represented plaintiff. Carrington v. Methodist Med. Ctr., Inc., _ So. 2d _, No. 96-CT-00662-SCT, 1999 WL 275154 (Miss. May 6, 1999).

[ Comment. For related cases, see Bee v. Weston, 9 PNLR 151 (Oct. 1994); Grossman v. United States, 6 PNLR 33 (Mar. 1991); and O'Sullivan v. Presbyterian Hosp., 11 PNLR 32 (Mar. 1996). Plaintiff in Bee was represented by *William F. Byrne and *John M. Hedges, both of Morgantown, W. Va. *Philip J. Hirschkop, Alexandria, Va., represented plaintiff in Grossman. *Stephen R Krawitz and *Frank P. Mangiatordi, both of New York, N.Y., represented plaintiff in O'Sullivan. Documents in Bee, Grossman, and O'Sullivan are available through the Court Documents section in the back section of this issue, courtesy of plaintiffs' counsel. ]

Mental health professionals have no duty to directly warn third parties of patients' violent threats