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Munstermann ex rel. Rowe v. Alegent Health-Immanuel Medical Center, 271 Neb. 834, 716 N.W.2d 73

Facts

Marty Nuzum, who had a history of depression and suicidal ideations, was treated by psychiatrist Hudson Hsieh at Alegent Health–Immanuel Medical Center. During a visit on February 5, 2002, Nuzum mentioned he was 'thinking of hurting' his girlfriend, Jodi Sue Rowe, but the context of this statement was debated. Nuzum was discharged on February 7, 2002, and subsequently murdered Rowe on February 12, 2002. The case arose after Rowe's estate sued the defendants for failing to warn or protect her.

Nuzum was admitted to inpatient care at Alegent on February 4, 2002, when he checked himself in, suffering from depression and suicidal ideations. Nuzum was treated by Hsieh. Nuzum had been treated as an inpatient at Alegent in January 2002, following a suicide attempt.

Issue

Did Nuzum communicate a serious threat of physical violence against Rowe to the defendants, thereby imposing a duty on them to warn or protect her?

The question presented in this appeal is whether Nuzum communicated a serious threat of physical violence against Rowe to the defendants, Nuzum's treating psychiatrist and health care facility, such that the defendants were under a duty to take reasonable precautions to prevent the murder.

Rule

A psychiatrist's duty to warn and protect arises only when a patient communicates a serious threat of physical violence against a reasonably identifiable victim.

In some circumstances, a special relation may exist between a psychiatrist and patient which imposes a duty upon the psychiatrist to warn or protect a reasonably identifiable victim when a patient has communicated a serious threat of physical violence against that potential victim.

Analysis

The court analyzed whether Nuzum's statement about 'thinking of hurting' Rowe constituted a serious threat. The psychiatrist and medical staff interpreted the statement as emotional rather than a credible threat of physical violence. The court considered the context of the communication and the standards for establishing a duty to warn.

The primary issue at trial was how to interpret the indication in Gurney's February 5, 2002, notes that Nuzum 'was thinking of hurting girlfriend also since she is hurting him.'

Conclusion

The court affirmed the district court's denial of the defendants' motion for judgment notwithstanding the verdict and remanded the case for a new trial to determine if a duty existed and if it was the proximate cause of Rowe's murder.

We affirm the district court's denial of the defendants' motion for judgment notwithstanding the verdict, and remand the cause for a new trial.

Who won?

The plaintiff, Carol K. Munstermann, prevailed in the sense that the court affirmed the denial of the defendants' motion for judgment notwithstanding the verdict, allowing the case to proceed to a new trial.

The defendants assign, consolidated and restated, that the district court erred (1) in failing to grant the defendants' motions for directed verdict and judgment notwithstanding the verdict, on the basis of insufficient evidence of duty.

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