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VOLK v. DEMEERLEER

No. 31814-1-III.

337 P.3d 372 (2014)

Beverly R. VOLK as Guardian for Jack Alan Schiering, a minor; and as Personal Representative of the Estates of Philip Lee Schiering and Rebecca Leigh Schiering, and on behalf of the statutory beneficiaries of Philip Lee Schiering; and Brian Winkler, individually, Appellants, v. James B. DEMEERLEER, as Personal Representative of the Estate of Jan DeMeerleer; Howard Ashby, M.D. and "Jane Doe" Ashby, husband and wife, and the marital community composed thereof; Spokane Psychiatric Clinic, P.S., a Washington business entity and healthcare provider; and Does 1 through 5, Respondents.

Court of Appeals of Washington, Division 3.

November 13, 2014.

Attorney(s) appearing for the Case

Michael Jon Riccelli , Attorney at Law, Spokane, WA, for Appellants.

David A. Kulisch , Attorney at Law, Spokane, WA, for Defendant.

Robert F. Sestero, II , Patrick Mark Risken , Evans, Craven & Lackie, P.S., David A. Kulisch , Attorney at Law, Spokane, WA, for Respondents.

Paul Arthur Bastine , Attorney at Law, Spokane Valley, WA, Amicus Curiae on behalf of Washington State Psychological Association.

FEARING, J.

¶ 1 We undertake the humbling and daunting task of demarcating the duty a mental health professional owed to third parties to protect them from the violent behavior of the professional's outpatient client. The parties, the mental health care profession, and the residents of Washington State would be better served by the legislature addressing this question after a comprehensive review of scientific data and statistics and after a thorough airing of...

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