Morgan v. Psychiatric Institute of Washington

692 A.2d 417, 1997 D.C. App. LEXIS 66, 1997 WL 166852
CourtDistrict of Columbia Court of Appeals
DecidedApril 10, 1997
Docket93-CV-627, 93-CV-694 and 93-CV-724
StatusPublished
Cited by14 cases

This text of 692 A.2d 417 (Morgan v. Psychiatric Institute of Washington) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morgan v. Psychiatric Institute of Washington, 692 A.2d 417, 1997 D.C. App. LEXIS 66, 1997 WL 166852 (D.C. 1997).

Opinion

RUIZ, Associate Judge:

Appellant, Andrea Morgan, appeals the trial court’s grant of summary judgment for appellees, the Psychiatric Institute of Washington (PIW) and Mr. C.E. English-El, on her claims of negligent infliction of emotional distress. The trial court determined that to successfully oppose the summary judgment motion, Morgan had to show either a direct physical injury or show that she was placed in a zone of physical danger where she feared for her own safety because of appel-lees’ negligence. Finding that neither condition had been met, the trial court granted summary judgment to PIW and English-El. PIW cross-appeals on a number of issues discussed infra. 1 We conclude that Morgan has presented sufficient evidence of physical injury that, if credited by the fact finder, could sustain her claims for negligent infliction of emotional distress. We also uphold the trial court’s rulings related to PIWs cross-appeal. Therefore, the case is reinstated and remanded for further proceedings.

I.

The circumstances giving rise to this case began on June 16, 1987, when Morgan entered PIW as a patient seeking treatment for her addiction to cocaine. During the month- *419 long in-patient program Morgan met English-El, who was himself a recovered addict and was employed by PIW as a drug counsel- or. English-El was one of Morgan’s counselors at the program: He led group counseling sessions in which Morgan participated, gave Morgan one-on-one counseling, and encouraged Morgan to confide her most intimate secrets with him. Morgan and English-El developed a relationship during the program which Morgan alleges went beyond an appropriate counselor-patient relationship. Morgan testified that while at the program she and English-El spent their free time together, ate numerous meals together and walked arm-in-arm on a PIW-sponsored group outing. Morgan also testified that they passionately kissed on one occasion and engaged in hugging and hand-holding on other occasions. At the end of the program, English-El gave Morgan his home phone number. After completing the program in July, without having successfully recovered from her addiction, Morgan moved away from the Washington, D.C. metropolitan area. During her absence, Morgan spoke on the telephone with English-El on four or five occasions. Two months later, in September 1987, she returned to the Washington area and began seeing English-El on a regular basis. In late September or early October, Morgan and English-El became sexually involved. Morgan was still using cocaine at the time she became intimately involved with English-El. 2

At some point after September 1987, Morgan discovered that English-El was married. The two continued their relationship, however, and discussed having a child. When Morgan moved to Georgia for a new job, she continued to see English-El during weekend visits. In May 1988, Morgan became pregnant with English-El’s child. 3 A few months into the pregnancy English-El abruptly ended the relationship. Morgan testified that she then became depressed, could not sleep, felt humiliated, and her work performance suffered as a result of the stress. In February 1989, Morgan gave birth to their son. After the birth, Morgan developed eating disorders and became severely depressed.

On February 4, 1991, Morgan filed a four-count complaint against PIW and English-El alleging: 1) English-El committed medical malpractice and professional negligence by initiating and maintaining a personal relationship with Morgan, 2) PIW, based on the doctrine of respondeat superior, committed medical malpractice and professional negligence, 3) PIW was liable for negligently hiring, training, and supervising English-El, and 4) both PIW and English-El were liable for negligent infliction of emotional distress. Morgan sought damages for the emotional and mental distress she suffered during the pregnancy and after the birth of the child, as well as for the economic losses associated with that distress. In early 1992, appellees filed summary judgment motions which Morgan opposed. On April 1, 1993, the trial court required the parties to file additional briefs on the issue of damages. PIW also filed motions in limine seeking to preclude Morgan from recovering for past lost wages and for the stresses associated with being a single mother. On April 22, 1993, the trial court denied appellees’ summary judgment motions without prejudice and denied PIWs motions in limine without prejudice pending development of the record. 4

The case went to trial on April 25, 1993, and the jury heard five days of testimony. Appellees renewed their summary judgment motions on April 29, 1993. On April 30th, the trial court orally granted summary judgment for PIW and English-El on Morgan’s claim for negligent infliction of emotional dis *420 tress (Count IV). 5 The court’s oral rulings were later reiterated and expanded upon in two written orders dated May 4th. 6 Finding that Morgan’s claimed mental and emotional distress was not legally cognizable in the absence of physical injury, the trial court granted appellees’ renewed motion for summary judgment for PIW and English-El on the claim of negligent infliction of emotional distress (Count IV) for English-El on the claim of medical malpractice and professional negligence (Count I), and for PIW on the claim of negligent hiring, training and supervision (Count III). In a separate order also dated May 4th, the trial court granted PIWs motion for directed verdict on Morgan’s claim of medical malpractice and professional negligence based on respondeat superior (Count II). 7 The trial court dismissed Morgan’s complaint in its entirety.

Morgan filed a timely appeal contesting the trial court’s grant of summary judgment for appellees on the claims of negligent infliction of emotional distress. PIW and English-El filed timely cross-appeals contesting various rulings by the trial court.

II.

Summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits ... show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Nader v. de Toledano, 408 A.2d 31, 41 (D.C.1979) (quoting Super.Ct.Civ.R. 56(c)). This court’s review is the same as that for the trial court in considering whether a motion for summary judgment should be granted. Kuder v. United Nat’l Bank, 497 A.2d 1105, 1106-1107 (D.C.1985) (citing Wyman v. Roesner, 439 A.2d 516, 519 (D.C.1981)).

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Bluebook (online)
692 A.2d 417, 1997 D.C. App. LEXIS 66, 1997 WL 166852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morgan-v-psychiatric-institute-of-washington-dc-1997.