Maas v. UPMC Presbyterian Shadyside , 202 A.3d 46 ( 2019 )

IN THE SUPREME COURT OF PENNSYLVANIA
WESTERN DISTRICT
LAURA L. MAAS, ADMINISTRATRIX OF : No. 382 WAL 2018
THE ESTATE OF LISA CHRISTINE :
MAAS, DECEASED, :
: Petition for Allowance of Appeal from
Respondent : the Order of the Superior Court
:
:
v. :
:
:
UPMC PRESBYTERIAN SHADYSIDE :
D/B/A WESTERN PSYCHIATRIC :
INSTITUTE AND CLINIC; WESTERN :
PSYCHIATRIC INSTITUTE & CLINIC; :
MICHELLE BARWELL, M.D.; AND :
WESTERN PSYCHIATRIC INSTITUTE & :
CLINIC ADULT COMMUNITY :
TREATMENT TEAM, :
:
Petitioners :
ORDER
PER CURIAM
AND NOW, this 13th day of February, 2019, the Petition for Allowance of Appeal
is GRANTED, LIMITED TO the issue set forth below. Allocatur is DENIED as to all
remaining issues. The issue, rephrased for clarity is:
Can an “identifiable third party” for purposes of a mental health
professional’s duty to warn third parties consist of a group of unnamed
neighbors under Emerich v. Philadelphia Center for Human Development,
Inc., 720 A.2d 1032 (Pa. 1998), which limits a mental health professional’s
duty to warn to specific, imminent threats of serious bodily injury made
against specifically identified or readily identifiable third parties?
Justice Wecht did not participate in the consideration or decision of this matter.