Bruzga v. PMR Architects, P.C.

693 A.2d 401, 141 N.H. 756, 1997 N.H. LEXIS 29
CourtSupreme Court of New Hampshire
DecidedApril 21, 1997
DocketNo. 95-502
StatusPublished
Cited by27 cases

This text of 693 A.2d 401 (Bruzga v. PMR Architects, P.C.) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bruzga v. PMR Architects, P.C., 693 A.2d 401, 141 N.H. 756, 1997 N.H. LEXIS 29 (N.H. 1997).

Opinions

Thayer, J.

The plaintiff, Michael W. Bruzga, administrator of the estate of Richard C. Bruzga, appeals an order of the Superior Court {McGuire, J.) granting the defendants’ motions to dismiss. According to the trial court, the plaintiff failed to allege facts sufficient to show that the defendants fall within a recognized exception to the general rule of nonliability for the suicide of another. We affirm.

The plaintiff alleged the following facts. The decedent, Richard C. Bruzga, was an inmate in the Secure Psychiatric Unit located at the New Hampshire State Prison. Defendant PMR Architects, P.C. n/f/k/a Page/Michaelis Associates (PMR), was responsible for designing the Secure Psychiatric Unit and for supervising its construction. Capitol Fire, Inc. (Capitol Fire) installed the unit’s sprinkler system.

On March 14, 1990, the decedent committed suicide by hanging himself with shoelaces he had attached to the sprinkler nozzle in his cell. The plaintiff alleged that the defendants were fully aware that they were designing and constructing the Secure Psychiatric Unit for mentally disturbed individuals who might attempt to harm themselves or others. The plaintiff sought damages under negligence and strict liability theories.

“On an appeal from an order granting a motion to dismiss, the only issue raised is whether the allegations are reasonably susceptible of a construction that would permit recovery.” Collectramatic, Inc. v. Kentucky Fried Chicken Cory., 127 N.H. 318, 320, 499 A.2d 999, 1000 (1985) (quotation omitted). When ruling upon a motion to dismiss, “we assume the truth of the plaintiff’s allegations of fact and construe all reasonable inferences therefrom in the light most favorable to the plaintiff.” Williams v. O’Brien, 140 N.H. 595, 600, 669 A.2d 810, 813 (1995).

I. Negligence

“As a general rule, negligence actions seeking damages for the suicide of another will not lie because the act of suicide is considered a deliberate, intentional and intervening act which precludes a finding that a given defendant, in fact, is responsible for the harm.” McLaughlin v. Sullivan, 123 N.H. 335, 337, 461 A.2d 123, 124 (1983). This is because the act of suicide “breaks the causal [758]*758connection between the wrongful or negligent act and the death.” Mayer v. Town of Hampton, 127 N.H. 81, 84, 497 A.2d 1206, 1209 (1985). A number of jurisdictions, however, have delineated two exceptions to the general rule. Id.

“The first exception recognizes a cause of action where the defendant actually causes the suicide.” Murdock v. City of Keene, 137 N.H. 70, 72, 623 A.2d 755, 756 (1993). We adopted the first exception in Mayer, 127 N.H. at 87, 497 A.2d at 1210-11. A defendant may be found liable “where the conduct of the defendant was an intentional tort and extreme and outrageous, and where this conduct caused severe emotional distress on the part of the victim which was a substantial factor in bringing about the victim’s ensuing suicide.” Id. at 88, 497 A.2d at 1211. This exception does not apply in this case.

The second exception recognizes a cause of action where the defendant has “a specific duty of care to prevent suicide,” arising from the defendant’s “special relationship with the suicidal individual.” McLaughlin, 123 N.H. at 338, 461 A.2d at 125; see Murdock, 137 N.H. at 73, 623 A.2d at 756. In McLaughlin, we stated:

[T]his duty has been imposed on: (1) institutions such as jails, hospitals and reform schools, having actual physical custody of and control over persons; and (2) persons or institutions such as mental hospitals, psychiatrists and other mental-health trained professionals, deemed to have a special training and expertise enabling them to detect mental illness and/or the potential for suicide, and which have the power or control necessary to prevent that suicide.

McLaughlin, 123 N.H. at 338, 461 A.2d at 125 (citations omitted). Even if we were to adopt the second exception, we hold that the defendants did not have the requisite special relationship with the decedent to create a specific duty of care to prevent his suicide.

Fundamental to the second exception is a pre-existing duty of care and protection imposed on defendants either because they have “actual physical custody of, and substantial or total control over, an individual,” id. at 340, 461 A.2d at 126, or because the defendants are “specially trained medical or mental health professionals], who ha[ve] the precise duty and the control necessary to care for the physical and/or mental well-being of a patient,” id. In this case, neither PMR nor Capitol Fire had actual physical custody of the decedent. They did not have substantial or total control over the decedent. They did not have special medical or mental health care training. PMR and Capitol Fire were in the business of [759]*759designing and constructing buildings, not providing mental health care for suicidal individuals. See generally Tittle v. Giattina, Fisher & Co., 597 So. 2d 679, 681 (Ala. 1992). Thus, neither PMR nor Capitol Fire is similar to the typical defendants who have been found liable under the second exception. See McLaughlin, 123 N.H. at 338, 461 A.2d at 125.

We refuse to extend suicide liability to architects, contractors, engineers, and a vast array of other parties involved with the design and construction of buildings. We are familiar with only one jurisdiction in which a court has held a building contractor liable for the suicide of another. See Honey v. Barnes Hosp., 708 S.W.2d 686, 700 (Mo. Ct. App. 1986). Most jurisdictions are reluctant to impose liability for suicide even upon defendants who had custodial control over the suicidal individual. See Pretty On Top v. City of Hardin, 597 P.2d 58 (Mont. 1979); City of Belen v. Harrell, 603 P.2d 711 (N.M. 1979); Johnson v. Grant Hospital, 291 N.E.2d 440 (Ohio 1972); Note, Custodial Suicide Cases: An Analytical Approach to Determine Liability For Wrongful Death, 62 B.U. L. Rev. 177, 177-78 (1982).

While we recognize that architects and contractors have a duty to design and construct safe structures, see La Bombarte v. Phillips Swager Assoc., 474 N.E.2d 942, 945 (Ill. Ct. App. 1985), this duty is not limitless. Architects and contractors should not be exposed to endless suicide liability when they have relinquished their authority and control over the facility to the owner. See Easterday v. Masiello, 518 So. 2d 260, 261-62 (Fla. 1988) (architects and engineers of jail containing patent defect, on which inmate committed suicide by hanging, were relieved of liability after control turned over to jail owner). Additionally, architects and contractors do not have a duty to make prison cells suicide-proof. See Tittle, 597 So. 2d at 681.

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Bluebook (online)
693 A.2d 401, 141 N.H. 756, 1997 N.H. LEXIS 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bruzga-v-pmr-architects-pc-nh-1997.