Professional negligence

Law Reporter, Sep 2002

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.

ADOPTION

Jury must determine whether claims by parents of adult daughter with schizophrenia were time barred

An Illinois appellate court held that a question of fact existed regarding the accrual date of a cause of action claiming an adoption agency had withheld negative information about the mental health of an adoptive child's biological family. Sheldon G. Kirshner, Chicago, Ill., represented plaintiffs.

Lubin v. Jewish Children's Bureau of Chicago, 765 N.E.2d 1138 (Ill. App. Ct. 2002).

AMBULANCE COMPANY

Improper bypass of 911 system

Settlement on behalf of a man who died after being transferred from a hospital to another medical facility by a private ambulance company for treatment of chest pain. His wife, on behalf of his estate, sued the ambulance company and the hospital, alleging that, among other things, defendants had improperly agreed to bypass the 911 system.

*Ronda M. Little and *William C. Gage, both of Bloomfield Hills, Mich., represented plaintiff.

Doe v. Roe, Mich., Macomb County Cir. Ct., confidential docket no., Mar. 11, 2002.

BANKING

Bank that failed to correct inaccurate credit information may be liable under Fair Credit Reporting Act The Ninth Circuit Court of Appeals held that banks may be liable to consumers under the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681 etseq., when they fail to correct inaccurate information about the bankruptcy status of the consumer's mortgage. Richard J. Rubin, Santa Fe, N.M.; Mitchell D. Gliner, Las Vegas, Nev.; and *Joanne Faulkner, New Haven, Conn., represented plaintiff.

Nelson v. Chase Manhattan Mortgage Co., 282 F.3d 1057 (9th Cir. 2002).

CLERGY

Pastor providing marriage counseling did not owe couple professional duty of care

A California appellate court held that a pastor did not owe a professional duty of care to a couple that received marriage counseling from him.

Jacqueline R. v. Household of Faith Family Church, Inc., 118 Cal. Rptr. 2d 264 (Ct. App. 2002).

Comment: Contrast Osborne v. Payne, 31 S.W.3d 911 (Ky. 2000), 44 ATLA L. Rep. 27 (Feb. 2001). Albert W. Barber III, Owensboro, Ky., represented plaintiff. Documents in Osborne are available through the Court Document Sets section in the back of this issue, courtesy of Mr. Barber.

GROUP HOME

Improper sexual contact

Verdict, including punitive damages, for a man who suffered emotional distress after being sodomized at a group home. His mother, individually and on his behalf, sued the home, alleging recklessness and negligence for defendant's failure to prevent unwanted sexual contact.

*Paul M. Stroebel and *R. Brandon Johnson, both of Charleston, W Va., represented plaintiffs.

Doe v. Shawnee Hills, Inc., W Va., Kanawha County Cir. Ct., No. 00-C-1676, Feb. 7,2002.

LAW

Child's guardians ad litem had judicial immunity from suit by mother who lost custody of child

An Arizona appellate court held that several guardians ad litem investigating the case of a child whose custody was in dispute were entitled to judicial immunity in a subsequent lawsuit brought by the child's mother.

Widoff v. Wiens, 45 P.3d 1232 (Ariz. Ct. App. 2002).

SECURITIES

Misleading of investors

Settlement for investors who suffered financial losses when a credit card company was investigated following allegations of consumer fraud. The investors filed a class action suit against the company, alleging failure to report that some of its profits resulted from improper consumer practices. Kent A. Bronson, *Andrew J. Entwistle, Robert C. Finkel, Lester Levy, and Catherine Torrell, all of New York, N.Y., represented plaintiffs in this case.

In re Providian Fin. Corp., U.S. Dist. Ct., E.D. Pa., No. MDL 1301, June 14, 2002.

Annual Indexes for 2001

The 2001 annual indexes for the Law Reporter, Products Liability Law Reporter, and Professional Negligence Law Reporter are available on atla.org.