ADAMS v. BOARD OF SEDGWICK COUNTY COM'RS

No. 99,195.

214 P.3d 1173 (2009)

Katherine ADAMS, Appellant, v. BOARD OF SEDGWICK COUNTY COMMISSIONERS, Appellee/Cross-appellant, and Garry Porter, M.D., and Joan Hertlein, Appellees. Alexandra Paige Cummins, Appellant/Cross-appellee, v. Board of Sedgwick County Commissioners, Appellee/Cross-appellant.

Supreme Court of Kansas.

September 4, 2009.


Attorney(s) appearing for the Case

David P. Calvert, of David P. Calvert, P.A., of Wichita, argued the cause and was on the briefs for appellants/cross-appellee.

Lisa A. McPherson, of Martin, Pringle, Oliver, Wallace & Bauer, L.L.P., of Wichita, argued the cause, and Marcia A. Wood, of the same firm, was with her on the briefs for appellee/cross-appellant Board of Sedgwick County Commissioners.

Trevin E. Wray, of Holbrook & Osborn, P.A., of Overland Park, argued the cause, and Lawrence J. Logback, of the same firm, was with him on the briefs for appellee Garry Porter, M.D.

Christopher A. McElgunn, of Klenda, Mitchell, Austerman & Zuercher, L.L.C., of Wichita, argued the cause, and Gary M. Austerman, of the same firm, was with him on the briefs for appellee Joan Hertlein.

Robert E. Keeshan and William Rein, of Scott, Quinlan, Willard, Barnes & Keeshan, LLC, of Topeka, were on the brief for amicus curiae Kansas Association for Justice.

David R. Cooper, Teresa L. Watson, and J. Steven Pigg, of Fisher, Patterson, Sayler & Smith, L.L.P., of Topeka, were on the brief for amicus curiae Kansas Association of Counties.


The opinion of the court was delivered by LUCKERT, J.:

In this appeal, we hold that an outpatient mental health center and its employees did not owe a duty to those injured by a psychiatric patient who became violent 9 months after an outpatient treatment order was allowed to expire, even though there existed a basis for the continuation of the order. We conclude that an outpatient mental health treatment facility does not take charge of an outpatient subject to an...

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