Gibbs v. Ernst

9 Pa. D. & C.4th 458, 1991 Pa. Dist. & Cnty. Dec. LEXIS 384
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedMarch 19, 1991
Docketno. 90-03066-19-2
StatusPublished

This text of 9 Pa. D. & C.4th 458 (Gibbs v. Ernst) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gibbs v. Ernst, 9 Pa. D. & C.4th 458, 1991 Pa. Dist. & Cnty. Dec. LEXIS 384 (Pa. Super. Ct. 1991).

Opinion

SCOTT, J.,

Frank A. Gibbs, Jayne C. Gibbs and Michael J. Gibbs, a minor, appeal our orders of January 7 and 8, 1991, granting certain preliminary objections of the various defendants, including those in the nature of a demurrer. The cause of action in this case arises out of an alleged wrongful adoption and negligent placement of the adoptive child, Michael Gibbs.

The facts of this case are extensive and involve three principal parties: the Gibbses, Concern and Children and Youth. Frank A. Gibbs and Jayne C. Gibbs are husband and wife. They were married in 1979 and have resided since their marriage in Philadelphia, Pa. Michael J. Gibbs is the minor adopted child of the Gibbses. Michael was born on May 21, 1977. Concern Professional Services for Children and Youth is a child-placing adoption agency licensed by the Commonwealth of Pennsylvania. Concern maintains its principal place of business in Fleetwood, Pa., but also has an office for the conducting of business in Doylestown, Pa. Paul [460]*460Ernst was the executive director of Concern and Marsha A. Hiester (hereinafter Hiester) was an adoption specialist with Concern.

Northampton County Children and Youth is a agency of the Commonwealth of Pennsylvania which has as its responsibilities the placement of children who are wards of the state with adoption agencies for the purpose of subsequently placing the children with suitable adoptive parents. R. Nancy Haley was the executive director of Children and Youth and Brenda Messa was a caseworker for Children and Youth.

The alleged facts of the case as set forth in the complaint are as follows: In 1983, the Gibbses contacted Concern regarding the availability of a healthy Caucasian infant for adoption. Upon learning that there was a waiting list for Caucasian infants, the Gibbs decided to submit a dual application, for an infant and secondarily for a “hard to adopt due to age” child. In 1984, the Gibbses were informed by Hiester of the availability of Michael, a 5-year-old Caucasian child residing in Northampton County. In October 1984, the Gibbses met with Messa at her office in Easton, Pa. Certain medical records of Michael and his biological parents were given to the Gibbses by both Concern and Children and Youth. In October 1985 the adoption was finalized by the Berks County Court of Common Pleas.

During the summer of 1986, shortly after the adoption became final, Michael began to act out in a violent and aggressive manner toward other children. Michael’s behavior continued to deteriorate. From early 1987 until late 1990, Michael was an inpatient in four different facilities. Michael has been diagnosed as schizophrenic and as undersocia-lized aggressive, and his prognosis is guarded due to his severe anger, vengeance, and extreme self-[461]*461justification. In September 1989, a caseworker with Human Services in Philadelphia told the Gibbses that Michael had been physically and sexually abused by his biological parents.

In April 1990, the Gibbses filed a civil action in the Bucks County Court of Common Pleas. The complaint sets forth in count I (wrongful adoption) that defendants had information regarding Michael’s background and the mental and physical health of both Michael and his biological parents. The Gibbses further assert that defendants misstated and misrepresented the truth about Michael in a deliberate attempt to deceive them.

In count II (negligent placement of adoptive child) the Gibbses assert that defendants breached their duty both to the Gibbses and to Michael by their failure to disclose all of the relevant information in their possession regarding Michael.

Count III is for the intentional infliction of mental distress, and in this count, the Gibbses assert that the intentional failure to disclose all relevant information about Michael was extreme and outrageous.

Finally, in count IV, for punitive damages, the Gibbses assert that the conduct of defendants was so outrageous as to justify the award of punitive damages.

The order of January 7, 1991 granted certain preliminary objections of defendants Ernst, Hiester and Concern. The preliminary objections granted included a demurrer to count I, wrongful adoption; demurrer to count II, negligent placement of adoptive child; and a motion to strike count IV, punitive damages. Our order of January 8, 1991 granted certain preliminary objections of defendants Messa, Haley and Children and Youth. The preliminary objections of Children and Youth granted include a demurrer to count I, wrongful adoption; a demurrer [462]*462to count II, negligent placement of adoptive child; and a motion to strike count IV, punitive damages. In the same order we denied certain of the preliminary objections of defendants Children and Youth. They include: (1) change of venue; (2) motion to strike paragraph 74 of the complaint (intentional infliction of emotional distress); and (3) motion for more specific pleading. Children and Youth have now filed a cross-appeal appealing our denial of their preliminary objections.

All defendants filed preliminary objections in the nature of demurrers and a motion to strike to counts I and II (wrongful adoption and negligent placement of adoptive child). Defendants aver in the preliminary objections that wrongful adoption and negligent placement of an adoptive child are not causes of action that have been formally recognized by the Pennsylvania courts.

The Gibbses agree that this is a case of first impression. They argue in response that while the Pennsylvania courts may not have recognized these causes of action, courts in other states are beginning to recognize such actions in situations involving adoptive children. See, for example, Burr v. Board of County Commissioners of Stark County, 491 N.E.2d 1101 (Ohio 1986), and Meracle v. Children’s Service Society of Wisconsin, 437 N.W.2d 532 (Wis. 1989).

While the Gibbses and their adoptive son Michael may have undergone an ordeal we must agree, at this time, with defendants. We believe that the recognition of such causes of action is not the function of this court, a trial court. Such an issue of public policy is best left to the legislature and at present the legislature has not acted in this area.

The current Adoption Act, 23 Pa.C.S. §2101 et seq., does not impose a requirement on adoption [463]*463agencies or an intermediary that an investigation be made to ascertain or verify whether the medical and social history of the child is accurate or complete. Nor is there a requirement for full disclosure of all medical information.

All defendants filed motions to strike count IV for punitive damages. The basis of defendants’ argument is that the complaint did not set forth facts sufficient to support a claim for punitive damages. Pennsylvania courts have long recognized the principles set forth in the Restatement (Second) of Torts, §908, subparagraph (2).

“Punitive damages may be awarded for conduct that is outrageous because of the defendant’s evil motive or as a reckless indifference to the rights of others.”

Additionally, there is ample case law to offer guidance to us in making this determination. In Martin v. Johns-Manville Corp., 508 Pa.

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Related

Meracle v. Children's Service Society of Wisconsin
437 N.W.2d 532 (Wisconsin Supreme Court, 1989)
Peaceman v. Cades
416 A.2d 1042 (Superior Court of Pennsylvania, 1979)
Township of Whitpain v. Goldenberg
569 A.2d 1002 (Commonwealth Court of Pennsylvania, 1990)
Kazatsky v. King David Memorial Park, Inc.
527 A.2d 988 (Supreme Court of Pennsylvania, 1987)
Smith v. Brown
423 A.2d 743 (Superior Court of Pennsylvania, 1980)
Alter v. Pennsylvania Gas & Water Co.
532 A.2d 913 (Commonwealth Court of Pennsylvania, 1987)
Martin v. Johns-Manville Corp.
494 A.2d 1088 (Supreme Court of Pennsylvania, 1985)
Burr v. Board of County Commissioners
491 N.E.2d 1101 (Ohio Supreme Court, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
9 Pa. D. & C.4th 458, 1991 Pa. Dist. & Cnty. Dec. LEXIS 384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibbs-v-ernst-pactcomplbucks-1991.