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BOYNTON v. BURGLASS

No. 89-1409.

590 So.2d 446 (1991)

Wayne BOYNTON, Sr., individually, as father and next best friend of Wayne Boynton, Jr., deceased, and as personal representative and survivor of the Estate of Wayne Boynton, Jr., and Dorothy Boynton, individually, as mother, next best friend, and survivor of the Estate of Wayne Boynton, Jr., Appellants, v. Milton BURGLASS, M.D., and Milton Burglass, M.D., P.A., Appellees.

District Court of Appeal of Florida, Third District.

As Amended on Grant in Part of Motion for Rehearing or Certification December 24, 1991.

Attorney(s) appearing for the Case

Friedman & Friedman, P.A., and John S. Seligman, Coral Gables, for appellants.

Simon, Schindler & Sandberg, P.A., and Neil Rose, Miami, for appellees.

Scott Mager, Miami, for Academy of Florida Trial Lawyers, as amicus curiae.

John Hedrick, Asst. General Counsel, Tallahassee, for the Florida Dept. of Health and Rehabilitative Services, as amicus curiae.

Mathews, Osborne, McNatt & Cobb and Jack W. Shaw, Jacksonville, for Florida Defense Lawyers Ass'n, as amicus curiae.

Before SCHWARTZ, C.J., and BARKDULL, HUBBART, NESBITT, BASKIN, FERGUSON, JORGENSON, COPE, LEVY, GERSTEN and GODERICH, JJ.

ON REHEARING EN BANC

JORGENSON, Judge.

By this appeal we are asked to adopt the rule announced by the California Supreme Court in Tarasoff v. Regents of University of California1 and hold that a psychiatrist who allegedly "knows, or should know," that a patient of his presents a serious threat of violence to a third party has a duty to warn the intended victim. Because this case is of great public importance, the court...

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