Gregory v. Kilbride

565 S.E.2d 685, 150 N.C. App. 601, 2002 N.C. App. LEXIS 685
CourtCourt of Appeals of North Carolina
DecidedJune 18, 2002
DocketCOA00-667
StatusPublished
Cited by19 cases

This text of 565 S.E.2d 685 (Gregory v. Kilbride) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gregory v. Kilbride, 565 S.E.2d 685, 150 N.C. App. 601, 2002 N.C. App. LEXIS 685 (N.C. Ct. App. 2002).

Opinions

BRYANT, Judge.

This wrongful death action arises from the alleged negligent failure of Dr. Kevin Kilbride (Dr. Kilbride), a psychiatrist at Broughton Hospital, to involuntarily commit John Mark Gregory (Mark) and warn Kathryn Gregory (Kathryn) of her husband’s violent propensities.

The underlying facts to the complaint tend to show Mark made numerous threats to kill his wife, Kathryn, and to kill himself during the thirty-six hours leading up to his evaluation by Dr. Kilbride. Fearing for Mark and Kathryn’s safety, Mark’s father, Lloyd Davis Gregory (plaintiff), petitioned for his involuntary commitment. Magistrate Judge Rowland signed the order of involuntary commitment on 9 April 1995.

After a brief standoff, Mark was taken into custody and transported to Cabarrus County Memorial Hospital where he was evaluated by a psychiatric social worker and an emergency room physician with training in psychology. Both found that Mark met the criteria for involuntary commitment. Mark was then taken to Broughton Hospital where he was evaluated by Dr. Kilbride for a statutorily-required second opinion. Although Dr. Kilbride determined that Mark [605]*605suffered from a mental illness (adjustment disorder) contained in DSM-III-R, he concluded that Mark’s condition did not meet the requirements for involuntary commitment. Accordingly, Dr. Kilbride declined to involuntarily commit Mark and released him from the hospital.

Tragically, upon arriving home, Mark put three weapons in his truck — a shotgun, a .45 caliber pistol and an SRS rifle — and several hundred rounds of ammunition. He then drove to the house where Kathryn and their six-year-old son were staying, broke down the front door of the house and threatened to kill an occupant of the house while searching for Kathryn. After finding her, he killed her by firing seven bullets into her body at point-blank range using two different weapons. Thereafter, he shot and killed himself.

Plaintiff brought this action on behalf of his son and daughter-in-law’s estates alleging among other things that Dr. Kilbride negligently (a) evaluated Mark at Broughton Hospital; (b) failed to adequately assess Mark for behaviors indicating that he was a danger to himself and others pursuant to N.C.G.S. § 122C-3; (c) failed to involuntarily commit Mark for treatment, thereby breaching the standard of care; (d) failed to exercise control over Mark to prevent him from hurting himself; and (e) breached a legal duty to warn Kathryn of Mark’s dangerous condition. In response, Dr. Kilbride moved to dismiss the action on the grounds of qualified immunity; the trial court denied that motion as well as Dr. Kilbride’s later motion for summary judgment.1

At the close of all the evidence, the trial court granted a partial directed verdict in favor of Dr. Kilbride on the grounds that “Kilbride did not have a separate legal duty to warn Kathy Gregory of Mark Gregory’s release separate and apart from any general duty of care imposed under the common law of negligence.” The remaining claims were sent to the jury which returned a verdict in favor of the defendant. Following a denial of a motion for a new trial, plaintiff appealed to this Court.

The issues on appeal are: Whether the trial court erred in (I) requiring plaintiff to prove a medical negligence breach of the standard of care; (II) granting Dr. Kilbride’s motion for directed verdict; (III) finding that N.C.G.S. § 122C-263 is not a public safety statute; [606]*606(IV) granting Dr. Kilbride’s motion to limit testimony regarding violations of certain requirements of the North Carolina Administrative Code; (V) excluding certain of plaintiffs expert witnesses; and (VI) failing to grant plaintiff a new trial.

I.

Plaintiff first argues that the trial court erred by requiring plaintiff to prove a medical negligence breach of the standard of care. Unlike previous cases cited by the plaintiff addressing the negligent or wrongful release of a mental patient who had already been committed, this case presents a matter of first impression concerning failure of a psychiatrist to involuntarily commit an individual to a mental hospital an issue which has not been directly addressed by our courts.

In Pangburn v. Saad, 73 N.C. App. 336, 326 S.E.2d 365 (1985), this Court held that where a psychiatrist released a mental patient with a history of violent behavior who later stabbed his sister about twenty times, the action did not lie in medical malpractice. Id. at 338, 326 S.E.2d at 367. The Court relied in part on a similar Georgia case that distinguished the legal duty in negligent release cases from the legal duty in “classic medical malpractice” cases:

“[W]here the course of treatment of a mental patient involves an exercise of ‘control’ over [the patient] by a physician who knows or should know that the patient is likely to cause bodily harm to others, an independent duty arises from that relationship and falls upon the physician to exercise that control with such reasonable care as to prevent harm to others at the hands of the patient.”

Id. (alterations in original) (quoting Bradley Center, Inc. v. Wessner, 287 S.E.2d 716, 721 (Ga. Ct. App. 1982), aff’d, 296 S.E.2d 693 (Ga. 1982)). Where a mental patient is wrongfully discharged and injures a third party outside the physician-patient relationship, general tort principles of negligence apply. Id.

Plaintiff further cites Davis v. N.C. Dept. of Human Resources, 121 N.C. App. 105, 465 S.E.2d 2 (1995), cert. denied, 343 N.C. 750, 473 S.E.2d 612 (1996), to support his contention that he should only have been required to prove that Dr. Kilbride was liable under ordinary tort principles of negligence. In Davis, a person with a history of aggressive and hostile behavior was involuntarily committed to a state mental hospital after beating a man to death and chasing a woman with a [607]*607knife. He was released after his condition improved through medication, although he was still mentally ill. The patient then attacked and killed a motorist. The defendant-physician argued that the plaintiff had the burden of proving a medical malpractice standard of care. Id. at 112, 465 S.E.2d at 7. This Court recognized that, as a general rule, there is no duty to protect others against harm from third persons. Id. However, under Pangbum, an independent duty arises to protect third persons from harm by the release of a mental patient who is involuntarily committed. Id. The Davis Court rejected the defendant’s argument that the plaintiff has the burden of showing breach of a medical malpractice standard of care. Id. at 112-13, 465 S.E.2d at 7. Rather, the Court decided Davis based on a common law negligence theory, holding that the defendant “had a duty to exercise reasonable care in the protection of third parties from injury by [the mental patient].” Id. at 113, 465 S.E.2d at 7 (emphasis added). The application of ordinary negligence principles to actions by third parties is consistent with cases in other jurisdictions that have recognized a cause of action for wrongful release. See, e.g., Semler v.

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Bluebook (online)
565 S.E.2d 685, 150 N.C. App. 601, 2002 N.C. App. LEXIS 685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gregory-v-kilbride-ncctapp-2002.