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GILMER v. MARTIN

No. 2514.

473 S.E.2d 812 (1996)

James GILMER, both personally and as Personal Representative of the Estate of Mallie S. Gilmer, Appellant, v. John W. MARTIN, M.D., Respondent.

Court of Appeals of South Carolina.

Decided May 28, 1996.

Rehearing Denied August 22, 1996.

Attorney(s) appearing for the Case

J. Stephen Welch, of Welch & Crain, Greenwood, for appellant.

John L. Choate and Allan Levin, both of Cozen & O'Connor, Columbia, for respondent.

HEARN, Judge:

James Gilmer, personally and as personal representative of the estate of Mallie S. Gilmer, sued John W. Martin, M.D., for damages caused when one of Martin's psychiatric patients killed the decedent. Gilmer based his claim on Martin's failure to warn the patient's employer, the nursing home where the decedent resided, that the patient was dangerous and posed a threat of harm to patients at the nursing home. The circuit court judge granted summary judgment...

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