Commercial Distributors, Inc. v. Blankenship

397 S.E.2d 840, 240 Va. 382, 1990 Va. LEXIS 153
CourtSupreme Court of Virginia
DecidedNovember 9, 1990
DocketRecord 900158
StatusPublished
Cited by23 cases

This text of 397 S.E.2d 840 (Commercial Distributors, Inc. v. Blankenship) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commercial Distributors, Inc. v. Blankenship, 397 S.E.2d 840, 240 Va. 382, 1990 Va. LEXIS 153 (Va. 1990).

Opinions

JUSTICE RUSSELL

delivered the opinion of the Court.

A mentally-ill resident of a licensed home for adults left the premises of the home and died by suicide. His personal representative brought this action, contending that the home was negligent in three respects: (1) in failing “to hospitalize” the resident sooner, (2) in failing to restrain or monitor the resident after a decision to hospitalize him had been made, and (3) in failing to maintain an adequate staff. This appeal raises questions concerning negligence, proximate cause, and the necessity for expert testimony.

I. FACTS

Jackie Allen Eppling (Eppling) was 46 years old at the time of his death on January 30, 1988. He had been diagnosed as a paranoid schizophrenic and had suffered from mental illness for about 25 years. He had a long history of recurrent hospitalizations, treatment, and release. Although he had been in hospitals for periods as long as three or four years at a time, Eppling had resided at a licensed facility in Roanoke, originally known as the Whitehall Home for Adults, during most of the time following his release from a mental hospital in 1981.

The Whitehall Home for Adults was acquired by Commercial Distributors, Inc. in the mid-1980’s and was thereafter operated under the trade name Southern Manor Home for Adults (the Manor). The Manor was a residential facility licensed under the provisions of Code § 63.1-172, et seq., and operated under regulations promulgated by the Board of Social Services pursuant to Code § 63.1-174. The statutory definition of a “home for adults” is a “place, establishment, or institution . . . operated or maintained for the maintenance or care of four or more adults who are aged, infirm or disabled . . . .” Code § 63.1-172(A).

[386]*386Although 90 % of the residents at the Manor were mentally disabled, it was neither a hospital nor a nursing home. It provided room, board, laundry, and housekeeping services to the residents who were generally free to come and go as they liked. There were no medically-trained personnel on the staff. The Manor did not give medical, psychiatric, or psychological treatment and was not equipped to perform nursing services except in the most limited circumstances. The residents consulted health care professionals of their own selection, outside the Manor. The Manor’s only health care responsibility was to dispense to the residents such medications as the residents’ physicians might prescribe. The .administrator, Judith A. Hartman, a licensed practical nurse, was responsible for the day-to-day management of the Manor. The remaining employees were housekeepers and aides. Typically, three such employees would be on duty at all times, but their efforts were divided among 72 residents who lived in 27 rooms located in two buildings on the Manor’s premises.

If a resident became ill, the Manor arranged for transportation to his or her physician’s office. In an emergency situation, the administrator would call the resident’s physician, ask for a hospital admission, and have the resident transported directly to the hospital after the physician made arrangements for the admission. Requests of this kind were sometimes denied. If hospital admission was sought on the grounds of mental illness, the administrator would try to persuade the resident to seek voluntary admission. If that failed, the administrator could resort to the courts for an order of involuntary commitment.

Eppling had expressed suicidal ideas on a number of occasions. In 1985, he had been treated at Roanoke Memorial Hospital and the hospital’s records, which were sent to the Manor, mentioned the danger of suicide and the need for precautions during hospitalization. Eppling was not discharged, however, until he was no longer considered suicidal by the attending physicians.

In 1986, Eppling’s sister-in-law, Kathryn A. Moore, found him on 10th Street in Roanoke near the Wasena Bridge. Eppling told her that he was going to the bridge to jump off and kill himself. Mrs. Moore reported this to the Manor. Immediate steps were taken to secure an involuntary commitment, and Eppling was hospitalized. Again, Eppling was released to return to the Manor when the attending physician deemed his condition no longer suicidal.

[387]*387In 1987, a Roanoke detective found Eppling at the Wasena Bridge in a distraught condition. Eppling told the detective that he wanted to jump off the bridge but could not “get up the nerve.” This resulted in another period of hospitalization. Again, Eppling was released to return to the Manor when the danger of suicide was considered past.

Although his behavior was often irrational, there was nothing in Eppling’s statements or behavior, from the time of his return to the Manor on July 1, 1987, until his death on January 30, 1988, to suggest to the Manor’s personnel that he had again become suicidal. Yet, on the morning of January 30, 1988, he walked out of the Manor, unbeknownst to any of its personnel, walked to the Wasena Bridge, and jumped to his death. He died by drowning in the Roanoke River at 9:30 a.m.

Much of the evidence at trial concerned Eppling’s behavior during the days immediately preceding his death. The plaintiff contended that Eppling’s bizarre conduct during that period, coupled with the Manor’s knowledge of his earlier “suicidal ideation,” was sufficient to create a duty on the Manor’s part to take reasonable action to protect him from self-injury.

Dr. Narendra C. Shah, a Roanoke psychiatrist, had been Eppling’s personal physician since May 1986. After Eppling’s discharge from the hospital in July 1987, Dr. Shah saw him regularly as an outpatient. During the autumn of 1987, Eppling’s behavior was often bizarre and his thinking paranoid and delusional; it did not, however, suggest any danger of suicide. During the remainder of 1987, Dr. Shah never again thought it necessary to hospitalize Eppling.

On January 6, 1988, Eppling told Dr. Shah that he had had “a good Christmas,” and Dr. Shah was pleased with his progress. During an office visit on January 27, however, Eppling appeared with a packed suitcase and told Dr. Shah that he wanted to go to Southwestern State Hospital at Marion. Dr. Shah examined him, reviewed progress notes from the Manor describing his recent behavior there, concluded that hospitalization was unnecessary, and returned him to the Manor. Dr. Shah sent a progress note to the Manor that day making no mention of any suicidal tendencies. At trial, Dr. Shah testified that he did not consider Eppling suicidal at that time.

About the same time, on a day she could not recall with certainty, Esther E. Eppling, Eppling’s mother, received a visit from [388]*388her son. She later telephoned the Manor and told a “nurse” that Eppling was “bad off” and ought to be hospitalized. She had no fear of suicide but was concerned about his safety in crossing streets while walking about in the city.

On January 29, Judy Hartman, the Manor’s administrator, became concerned about Eppling’s behavior. She was aware that he had sought voluntary hospitalization on the 27th when visiting Dr. Shah, and she asked him if he would voluntarily “sign himself’ into Roanoke Memorial Hospital. Eppling refused to do so, and Mrs. Hartman decided that his behavior at that time was not sufficient to warrant involuntary commitment through judicial proceedings.

At 7:00 p.m.

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Commercial Distributors, Inc. v. Blankenship
397 S.E.2d 840 (Supreme Court of Virginia, 1990)

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397 S.E.2d 840, 240 Va. 382, 1990 Va. LEXIS 153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commercial-distributors-inc-v-blankenship-va-1990.