Stanziano v. Cooley
Opinion by Judge Nickell; Judges Combs and K. Thompson concurred.
A former mental patient of Eastern State Hospital shot and killed attorney Mark Stanziano approximately six weeks after being discharged. Stanziano’s widow and estate sued Eastern State and mental health professionals who had treated the patient on claims of wrongful death and medical malpractice. The circuit court determined that the physicians were shielded from liability by the provisions of KRS 202A.400 and further concluded that Stanziano had failed to carry her burden of proof to proceed against Eastern State. A claim of sovereign immunity by Eastern State was denied as moot. On appeal, Stanziano asserted that the circuit court erred in concluding that the physicians were entitled to summary judgment under KRS 202A.400 absent a showing that they had treated the patient in good faith and within acceptable professional guidelines (as required by KRS 202A.301) and further erred in concluding that the personal immunity granted by KRS 202A.400 extended to cover Eastern State. On cross-appeal, Eastern State asserted that it was entitled to sovereign immunity. The Court of Appeals affirmed as to the direct appeal and concluded that the cross-appeal was moot. The Court concluded that because the patient had not communicated to anyone at Eastern State an actual threat to inflict harm on Mark Stanziano, the statutory duty to warn under KRS 202A.400 was not triggered. Moreover, Stanziano failed to establish the applicability of any common law duty and failed to produce evidence that the physicians had breached the standard of care. Thus, summary judgment in their favor was appropriate. The Court next rejected Stanziano’s assertion that the circuit court erroneously applied the provisions of KRS 202A.400 to a non-covered entity. The circuit court made no mention of the statute in granting summary judgment to Eastern State and instead relied on the doctrine of respondeat superior. As its servants had not been negligent, no liability could be imputed to Eastern State.
Here are individual summaries prepared by the AOC organized by legal topics this months PUBLISHED decisions only.
For a list of all archived monthly summaries, please click here for those at the AOC web site and click here for those posted here on this blog.
Please note some of these published decisions may have pending motions for discretionary review OR rehearing so you are cautioned to confirm finality of disposition by going to the AOC’s web site.
