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LEONARD v. STATE

No. 91-270.

491 N.W.2d 508 (1992)

John J. LEONARD, Appellee, v. STATE of Iowa and the Mental Health Institute at Independence, Iowa, Appellants.

Supreme Court of Iowa.

September 23, 1992.

Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., and Dean A. Lerner, Asst. Atty. Gen., for appellants.

Hugh G. Albrecht, Cedar Rapids, for appellee.

Considered by McGIVERIN, C.J., and LARSON, SCHULTZ, NEUMAN, and ANDREASEN, JJ.

NEUMAN, Justice.

Plaintiff John Leonard was seriously injured in an assault by Henry Parrish, a recently discharged patient at defendant Mental Health Institute at Independence, Iowa (hereinafter "MHI"). The question on appeal is whether MHI's treatment of Parrish, or its decision to discharge him, gives rise to a duty of care towards Leonard that would sustain a cause of action based on negligence or medical malpractice. We hold that under the facts of this

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