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FRASER v. UNITED STATES

(15035)

236 Conn. 625 (1996)

AGNES FRASER, EXECUTRIX (ESTATE OF HECTOR FRASER) v. UNITED STATES OF AMERICA

Supreme Court of Connecticut.

Officially released April 16, 1996.

Attorney(s) appearing for the Case

Michael P. Koskoff, with whom was Mark C. Durkin, for the appellant (plaintiff).

Carl J. Schuman, assistant United States attorney, with whom were John B. Hughes, assistant United States attorney, and, on the brief, Christopher F. Droney, United States attorney, and Nancy L. Griffin, assistant United States attorney, for the appellee (defendant).

Richard Blumenthal, attorney general, and Susan Quinn Cobb, assistant attorney general, filed a brief for the department of mental health and addiction services as amicus curiae.

William I. Garfinkel, Brian R. Shagan and James Smart, law student intern, filed a brief for the Mental Health Association of Connecticut, Inc., as amicus curiae.

Lansing E. Crane filed a brief for the Connecticut Psychiatric Society as amicus curiae.

Thomas A. Behrendt, William Emmett Dwyer and William B. Wynne filed a brief for the Center for Independent Living of Southwestern Connecticut et al. as amici curiae.

Peters, C. J., and Callahan, Borden, Berdon and Katz, Js.

PETERS, C. J.

In this case, certified from the United States Court of Appeals for the Second Circuit, we have agreed to decide whether, in the circumstances presented herein, psychotherapists undertaking the treatment of a psychiatric outpatient assumed a duty to exercise control over the patient to prevent the patient from committing an act of violence against a third person. The plaintiff, Agnes Fraser, executrix of the estate of Hector Fraser, brought an action...

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