Leight, K., Pet v. University of Pittsburgh

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT

KATHRYN F. LEIGHT AND JOHN L. : No. 29 WAL 2019 LEIGHT, HER HUSBAND, : : Petitioners : Petition for Allowance of Appeal from : the Order of the Superior Court : v. : : : UNIVERSITY OF PITTSBURGH : PHYSICIANS, UPMC, UNIVERSITY OF : PITTSBURGH OF THE : COMMONWEALTH SYSTEM OF HIGHER : EDUCATION, SUSAN SHICK, AND : PHILLIP L. CLARK, ADMINISTRATOR OF : THE ESTATE OF JOHN F. SHICK, : DECEASED, : : Respondents :

ORDER

PER CURIAM

AND NOW, this 3rd day of September, 2019, the Petition for Allowance of Appeal

is GRANTED. The issue, as stated by Petitioner, is: Under the Mental Health Procedures Act, 50 P.S. [§]§ 7101[-7503], as interpreted by this Court in Goryeb v. Com. Dept. of Public Welfare, 575 A.2d 545 (Pa. 1990), can physicians who recognize that their patient is severely mentally ill and a clear and present danger to others, decide that he requires emergency involuntary examination under Section 302 of the Act, take affirmative steps to cause the examination to occur, but then grossly negligently fail to complete the process, be liable for injuries caused when their dangerous, mentally ill patient then engages in a mass shooting incident?