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Keywords

lawsuitplaintiffdefendantnegligencestatutetestimonymotionsummary judgmentstatute of limitationsduty of careadmissibility
contractlawsuittortplaintiffdefendantnegligencestatutetrialtestimonymotionsummary judgmentwillstatute of limitationsmotion to dismiss

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Tuman v. Genesis Associates, 935 F.Supp. 1375

Facts

Plaintiffs Kenneth J. and Joan E. Tuman filed a lawsuit against therapists Patricia A. Mansmann and Patricia A. Neuhausel, along with their corporate practice, Genesis Associates, after their daughter Diane underwent therapy for bulimia and emotional issues. During the therapy, the defendants allegedly fostered false memories in Diane, leading her to believe that her parents had abused her and were part of a satanic cult. This resulted in Diane severing all contact with her parents, causing them significant emotional distress.

Plaintiffs filed this lawsuit on Sept. 21, 1994, raising state law contract and tort claims. Plaintiffs allege that they entered into a contract with Defendants in 1990 for Defendants to provide mental health therapy to their daughter, Diane Tuman, then 20 years old, to treat Diane for bulimia and other emotional problems.

Issue

The main legal issues included whether the parents' negligence claims were time-barred, whether expert testimony was admissible, and whether the defendants' actions caused the parents' injuries.

The court held that: (1) fact issue existed as to date on which parents' negligence claims accrued; (2) proposed testimony of licensed psychologist called as expert by parents was admissible; (3) as predicted by District Court, expert testimony on causation was not required under Pennsylvania law; (4) fact issue existed as to whether parents' injuries were caused by therapist's actions; (5) fact issue existed as to whether parents had entered contract which could form basis for recovery; (6) four-year statute of limitations was applicable to contract claim; (7) alleged statements that parents were part of satanic cult were not slanderous per se; and (8) parents could not recover for intentional infliction of emotional distress.

Rule

The court applied Pennsylvania law regarding the statute of limitations for negligence claims, the admissibility of expert testimony, and the requirements for establishing a duty of care in negligence cases.

Defendants move for summary judgment on the negligence claim, asserting four separate grounds. First, the claim is time-barred. Second, Plaintiffs will be unable to establish at trial that Defendants' methods deviated from good and accepted practices in the mental health field, because Plaintiffs' expert testimony is inadmissible as a matter of law.

Analysis

The court found that there were genuine issues of material fact regarding when the parents became aware of their injuries and whether they exercised reasonable diligence in investigating the defendants' role in Diane's treatment. The court also determined that the expert testimony regarding the standard of care was admissible, as it was based on a review of various materials and not solely on biased sources. Additionally, the court noted that Pennsylvania law does not require expert testimony for all negligence claims, particularly in cases involving emotional distress.

On the record as a whole, I conclude that there is a genuine issue of material fact as to when Plaintiffs knew or reasonably should have known that they themselves were injured by Defendants' treatment of Diane.

Conclusion

The court granted in part and denied in part the defendants' motions for summary judgment, allowing the negligence claims to proceed while dismissing the claim for intentional infliction of emotional distress against the defendants.

Motions granted in part and denied in part.

Who won?

The defendants prevailed in part, as the court dismissed the claim for intentional infliction of emotional distress, finding that the parents could not recover for that claim.

Defendants subsequently filed a motion to dismiss Plaintiffs' suit. Applying Pennsylvania law, I denied Defendants' motion with respect to all but two of Plaintiffs' causes of action in July 1995.

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