Rehm v. Lenz

1996 SD 51, 547 N.W.2d 560, 1996 S.D. LEXIS 57
CourtSouth Dakota Supreme Court
DecidedMay 8, 1996
DocketNone
StatusPublished
Cited by30 cases

This text of 1996 SD 51 (Rehm v. Lenz) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rehm v. Lenz, 1996 SD 51, 547 N.W.2d 560, 1996 S.D. LEXIS 57 (S.D. 1996).

Opinions

[¶ 1] MILLER, Chief Justice,

delivers the majority opinion of the Court on that part of Issue I which applies a six-year statute of limitations to the claims against Lenz and reverses and remands for trial the summary judgment in favor of Lenz, and on Issue II.

[¶ 2] SABERS, Justice, delivers the majority opinion of the Court on that part of Issue I holding that the two-year medical malpractice statute of limitations applies to a psychologist treating depression.

[563]*563[¶ 3] MILLER, Chief Justice, writing the majority opinion on that part of Issue I which applies a six-year statute of limitations to the claims against Lenz and reverses and remands for trial the summary judgment in favor of Lenz, and on Issue II.

[¶4] Linda Rehm and Russell Rehm appeal from an order granting summary judgment to psychologist Eldon Lenz and granting partial summary judgment to his former employer West River Mental Health Center (West River). We affirm in part, reverse in part, and remand.

FACTS

[¶ 5] The facts of this case are nearly identical to those which gave rise to Richards v. Lenz, 589 N.W.2d 80 (S.D.1995). Both eases involve the claims of a husband and wife who received therapy from Lenz while he worked for West River. The various claims are based on Lenz’ alleged improper handling of the transference phenomenon1 in therapy sessions and the development of a romantic relationship between Lenz and the client wife. The facts of this case are so strikingly similar to those in Richards that only a summary is necessary here.

[¶ 6] After being hospitalized for depression, Linda was referred to West River for treatment of her depression. In December, 1986, she began individual counseling at West River and was counseled by Lenz. At this same time, Russell was also counseled individually by Lenz for depression and feelings of guilt. During her therapy, Linda experienced the transference phenomenon, viewing Lenz as her father. Lenz allegedly responded by introducing a sexual overtone to Linda’s therapy and developing a romantic (and at times physical) relationship with her. As in the Richards case, Lenz conducted these therapy sessions both at his home and at West River’s office.

[¶ 7] After Lenz left West River in September, 1988, he worked privately as a psychologist. He continued to counsel Linda at his private office and at his home. In 1990, Lenz moved to Indiana. Linda continued to seek out Lenz’ professional help and romantic indulgences. She also returned to West River for counseling. In March, 1991, Lenz sent a letter to Linda stating that “there never has been and never will be a romantic relationship between them.” On December 31, 1991, Linda and Lenz met for a “closure” session arranged by Linda’s then-current therapist at West River, Ms. Karin Wood. Although Russell ended his therapy sessions at West River in 1989, Linda continued to seek counseling at West River until 1993.

[¶ 8] In October and November, 1993, Rehms served Lenz and West River with a complaint containing the following claims:

1. negligence against Lenz and West River;
2. negligence against West River;
3. breach of fiduciary duty against Lenz and West River;
4. negligence against West River;
5. fraud and deceit against Lenz and West River;
6. alienation of affections against Lenz;
7. breach of contract against Lenz and West River; and
8. willful and wanton conduct (punitive damages) against Lenz and West River.

Although similar, the Richards complaint also included a claim for medical malpractice, which Rehms’ does not. In addition, the Rehms’ complaint added claims based on alienation of affections or willful and wanton conduct (punitive damages), which were not included in the Richards complaint.2 The trial court granted Lenz’ motion for summary judgment, dismissing the entire complaint against him on the basis that it had [564]*564been served after the expiration of the statute of limitations for medical malpractice. It granted partial summary judgment to West River on the same basis, and certified the matter pursuant to Rule 15 — 6—54(b). Rehms appeal.

STANDARD OF REVIEW

[¶ 9] This case involves a challenge to the summary judgments awarded in favor of Lenz and West River. As such, the standard of review applicable to both issues is the same as enunciated in Richards:

The party moving for summary judgment has the burden to show that [tjhere is no genuine issue as to any material fact and that he is entitled to judgment as a matter of law. The evidence, including all pleadings, affidavits and deposition testimony, must be viewed in the light most favorable to the non-moving party, and reasonable doubts should be resolved against the moving party. All reasonable inferences that may be drawn from the facts must be accepted in favor of the non-moving party. Summary judgment is a drastic remedy, and should not be granted unless the moving party has established the right to a judgment with such clarity as to leave no room for controversy.

539 N.W.2d at 83 (quotation and citations omitted). It is against this standard that we evaluate the merits of this appeal.

ISSUES

[¶ 10] I. The trial court erred in granting summary judgment dismissing the Rehms’ claims against psychologist Lenz.

[¶ 11] The Rehms argue that the trial court should not have applied the medical malpractice statute of limitation. They also contend there are factual disputes remaining as to when the counselor/patient relationship with Lenz ended and whether his acts were continuing torts which would alter application of the statute of limitation. We conclude that the applicable limitation period is a 6-year period, within which the Rehms did file their claim. Thus, Lenz was not entitled to summary judgment.

[¶ 12] As in Richards, the trial court3 reasoned that the complaint essentially alleges medical malpractice and applied the 2-year statute of limitation for malpractice claims against practitioners of the healing arts to bar suit against Lenz. See SDCL 15-2-14.1. The court concluded Lenz was a “practitioner of the healing arts” because the definition of “healing art” includes treatment for any “mental condition.” SDCL 36-2-l(3).4 The trial court found the evidence clearly established there was no relation of physician and patient after March 1991 and, since Lenz was served with the complaint in November, 1993, the two-year limitation period had expired and the Rehms’ claims were barred.

[¶ 13] In Richards, we rejected this result based on our conclusion that a psychologist providing marriage counseling is not a practitioner of the healing arts, as defined by SDCL 36-2-1(3).

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Cite This Page — Counsel Stack

Bluebook (online)
1996 SD 51, 547 N.W.2d 560, 1996 S.D. LEXIS 57, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rehm-v-lenz-sd-1996.