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Rodriguez v. Lasting Hope Recovery Center of Catholic Health Initiatives

955 N.W.2d 707 (2012)

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Rodriguez v. Lasting Hope Recovery Center of Catholic Health Initiatives

Nebraska Supreme Court
955 N.W.2d 707 (2012)

Facts

Mikael Loyd suffered from mental illness. In 2013, he was placed in Lasting Hope Recovery Center of Catholic Health Initiatives (Lasting Hope) (defendant), where he was treated by psychiatrist Jeana Benton (defendant). Benton initially identified Loyd as posing a risk of harm to others. By the time Loyd was discharged five days later, Benton concluded that Loyd’s risk to others had dissipated. While Loyd was in Lasting Hope, his girlfriend, Melissa Rodriguez, told him that she wanted to end their relationship. Although Loyd at no time conveyed to Benton that he had any desire or intent to harm Rodriguez, he strangled and killed Rodriguez on the night of his discharge. Rodriguez’s parents (plaintiffs), as administrators of Rodriguez’s estate, filed a wrongful-death action against Lasting Hope and Benton, alleging that they had breached a duty to warn Rodriguez of the danger posed by Loyd and a duty to take reasonable measures to protect her from that danger. The trial court granted summary judgment in Lasting Hope and Benton’s favor, reasoning that Lasting Hope and Benton could not be liable because Loyd never expressly conveyed to Benton any desire or intent to harm Rodriguez. Rodriguez’s parents appealed.

Rule of Law

Issue

Holding and Reasoning (Heavican, C.J.)

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