Emerich v. Philadelphia Center for Human Development, Inc.

NIGRO, Justice,

concurring and dissenting.

I join the majority’s decision that a mental health care professional owes a duty to warn a third party of a patient’s threat of harm based upon the professional’s special relationship with his patient. I further join the scope of the duty to warn as set forth by the majority to the extent the duty arises when a patient communicates a specific and immediate threat of serious bodily injury against a specifically identified or readily identifiable third party or third parties, and the professional determines or should determine that the patient presents a serious danger of harm.

I dissent, however, from the majority’s conclusion that judgment on the pleadings is proper in this case. In Bensalem Township School Dist. v. Commonwealth, 518 Pa. 581, 586-87 , 544 A.2d 1318, 1321 (1988), the Court discussed the use of a motion for judgment on the pleadings under Pennsylvania Rule of Civil Procedure 1034:

A rule 1034 motion for judgment on the pleadings can be used as a motion to test whether such a cause of action as *239 pleaded exists at law, and in that way ‘is in the nature of a demurrer.’ Bata v. Central Pennsylvania [Central-Penn] National Bank of Philadelphia, 423 Pa. 373, 378 , 224 A.2d 174, 178 (1966). ‘It [the motion] is limited to the pleadings themselves and no factual material outside the pleadings may be considered.’ Goodrich Amran [sic], 2d ? 1035:1, p. 423[sic]. The issue in such a case is not whether the facts support the action, but whether there is such an action under the law.

Appellant’s complaint states a cause of action for negligence. As the majority recognizes, the complaint alleges facts establishing a special relationship between Appellees and their patient, Gad Joseph. Appellant further alleges that Joseph communicated to his therapist, Anthony Scuderi, a threat of serious bodily harm to Teresa Hausler. Appellant avers that Appellees were negligent in failing to properly explain to Hausler that Joseph presented a clear and present danger of harm to her. Appellant further avers that this omission was a proximate cause of Hausler’s injuries. Since Appellant has pled a cause of action that exists at law, under Bensalem Township, judgment on the pleadings is improper.

The majority acknowledges that the complaint states a cause of action for negligence but concludes that Scuderi was not negligent as a matter of law. In deciding that Scuderi gave Hausler an adequate warning, the majority draws inferences from the complaint and improperly views them in a light unfavorable to Appellant. Under the correct standard, the pleadings and the inferences therefrom are viewed in the light most favorable to the party opposing the motion for judgment on the pleadings. Karns v. Tony Vitale Fireworks Corp., 436 Pa. 181, 184 , 259 A.2d 687, 688 (1969). All of the opposing party’s well-pleaded allegations are viewed as true but only those facts specifically admitted by him may be considered against him. Id.; Sejpal v. Corson, Mitchell, Tomhave & McKinley, M.D.’s., 445 Pa.Super. 427, 430 , 665 A.2d 1198, 1199 (1995).

Viewing the pleadings and reasonable inferences therefrom in the light most favorable to Appellant, Appellant alleges no *240 facts from which the Court can find that Hausler was warned of Joseph’s immediate and specific threat of serious bodily harm. Appellant alleges only that Scuderi told Hausler not to go to the residence. Appellant does not allege that Scuderi explained why she should not go there or that Hausler understood that there was a risk of harm if she went.

The majority views Hausler’s call to Scuderi in a light adverse to Appellant and infers that she called in concern for her safety. In fact, we have no idea why Hausler called Scuderi. If we view Hausler’s call in a light favorable to Appellant as the law requires, we may infer that she simply preferred to pick up her belongings when Joseph was not home to avoid a confrontation. The majority further views Joseph’s prior abuse of Hausler in a light adverse to Appellant and based upon an inference that Hausler was aware of Joseph’s violent tendencies, seems to conclude that Hausler understood that going to the residence presented a risk of serious harm. Again, based upon the pleadings, we do not know whether Hausler perceived such a risk. If we view the complaint in a light favorable to Appellant as the law requires, we may infer from the allegation that Hausler is a mentally ill patient that she did not comprehend a risk of harm.

While these inferences may be proven or disproven as the case proceeds, having only the pleadings before us, the Court is unable to conclude that Scuderi’s warning was adequate. Judgment on the pleadings is thus improper. See Pilotti v. Mobil Oil Corp., 388 Pa.Super. 514 , 565 A.2d 1227 (1989)(judg-ment on the pleadings is warranted only in cases where the moving party’s right to relief is certain). Since Appellant’s complaint states a claim for negligence and Appellees’ right to relief is uncertain, the Court should remand this case to the trial court for further proceedings.