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SISSON v. SENECA MENTAL HEALTH COUNCIL

No. 19667.

404 S.E.2d 425 (1991)

Emogene SISSON, Plaintiff Below, Appellant, v. SENECA MENTAL HEALTH/MENTAL RETARDATION COUNCIL, INC., a Corporation; and Max Malcomb, Individually and as Servant, Agent and Employee of Seneca Mental Health/Mental Retardation Council, Inc., Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided April 17, 1991.

Attorney(s) appearing for the Case

Kenneth J. Barnett, Donald K. Bischoff, Summersville, for appellant.

Stephen R. Crislip, Gale R. Lea, Jackson & Kelly, Charleston, for appellee Seneca Mental Health/Mental Retardation Council, Inc.

Timothy R. Ruckman, Callaghan & Ruckman, Summersville, for appellee Max Malcomb.

MILLER, Chief Justice.

Emogene Sisson, the plaintiff below, appeals an order of the Circuit Court of Nicholas County, dated August 31, 1989, granting summary judgment for Seneca Mental Health/Mental Retardation Council, Inc. (Seneca). The issue on appeal is whether Max Malcomb, an employee of Seneca, had a patient-counselor relationship with Ms. Sisson when he engaged in sexual relations with her. We find that this professional relationship did not exist; therefore...

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