# Pangburn v. Saad

> Court of Appeals of North Carolina · March 5, 1985 · 73 N.C. App. 336

URL: https://www.frixlaw.com/law-library/cases/9583332

## Case

- **Full name:** Sheri Elizabeth Pangburn v. Dr. M. Saad and Dr. E. v. Maynard
- **Court:** Court of Appeals of North Carolina
- **Decided:** March 5, 1985
- **Citations:** 73 N.C. App. 336; 326 S.E.2d 365
- **Precedential status:** Published
- **Opinion:** Concurrence by Wells
- **Judges:** Becton, Arnold, Wells
- **Cited by:** 28 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9583332

## How later opinions describe it (automated extraction)

- recognizing cause of action against psychiatrist for injuries to third party resulting from wrongful release of mental patient; doctor’s statutory qualified immunity did not- prevent liability for “ ‘willful, wanton or reckless’ negligence and intentional wrongdoing.”
- holding a duty to third parties existed where plaintiff alleged that defendant negligently released an involuntarily committed patient who then stabbed plaintiff approximately 20 times
- holding that defendant psychiatrist owed duty not to release dangerous, involuntarily committed patient
- holding that a mental institution has a duty to control its involuntarily committed patients

## Opinion text

Judge Wells
concurring.
I believe that this case should be decided under rules of law applying to public officers generally, it being my position that the immunity statute at issue in this case codifies those rules as applicable to physicians employed at state hospitals.
Public officers acting within the scope of their authority are not answerable for ordinary negligence, but may be held liable if they act maliciously or corruptly.
A defendant acts with malice when he wantonly does that which a man of reasonable intelligence would know to be contrary to his duty and which he intends to be prejudicial or injurious to another. . . . ‘An act is wanton when it is done of *349 wicked purpose, or when done needlessly, manifesting a reckless indifference to the rights of others.’ . . .
In re Grad v. Kaasa, 312 N.C. 310 , 321 S.E. 2d 888 (1984) (quoting Givens v. Sellars, 273 N.C. 44 , 159 S.E. 2d 530 (1968)).
In her complaint, plaintiff alleges facts and circumstances showing that plaintiffs family, including herself, were in great fear of harm from plaintiff’s brother, who was in defendant’s care; and that these fears were clearly and forcefully expressed to defendant, while the family was imploring defendant not to release Daniel Pangburn from Cherry Hospital.
Plaintiff alleges that defendant, though aware of Daniel’s violent and dangerous propensities and aware of his family’s fear of him, “persisted in releasing Daniel Olin Pangburn and thus exhibited gross negligence and wanton conduct.” These allegations were sufficient to state a claim for relief against defendant, sufficient, at the pleadings level to overcome defendant’s immunity.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9583332. Public record. Not legal advice.