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Huttner v. State9/4/2001
ried to kill Joanne Kinne. Later tests showed evidence of marijuana in his blood at the time of the crimes. In the resulting criminal proceedings, Davis was convicted of murder and attempted murder. The supreme court affirmed the convictions and, regarding Davis's April 11, 1997 meeting with his psychiatrist, stated that " isunderstanding the doctor's instructions, [Davis had] discontinued all medications." Davis v. State, 595 N.W.2d 520, 524 (Minn. 1999).
In related civil proceedings, Sandra Huttner was appointed trustee for Fenske's heirs and next-of-kin. She and Kinne sued the county, Fischer, and other persons and entities involved in Davis's treatment on several theories, including Huttner's claim for wrongful death. The details of Huttner's April 26, 2000, attempt to serve Fischer in the wrongful-death action are disputed. Fischer was served again on July 10, 2000. It is undisputed that Huttner served the county after the generally applicable three-year limit for wrongful-death claims had expired.
On July 18, the county moved, on behalf of itself, Fisher, and others, to dismiss the wrongful-death claims and for summary judgment based on theories including official immunity for Fischer and vicarious official immunity for itself, and the statute of limitations for wrongful-death actions. The district court dismissed the wrongful-death claim against the county based on the three-year statute of limitations, but ruled that Fischer's conduct was not entitled to official immunity because when she wrote the note to verify Davis's medication status with the psychiatrist, her duty to do so became ministerial. Because the district court determined that Fischer was not entitled to official immunity, and because the county could be vicariously liable for Fischer's conduct, the district court denied the motion to dismiss Kinne's action against the county and Fischer. In a later order, the district court dismissed the wrongful-death action against Fischer, determining that it was barred by the statute of limitations. The district court declined to reconsider the immunity questions. The county appealed the district court's immunity rulings (No. C9-01-416) and Huttner appealed the statute of limitations determination (No. C6-01-437). This court consolidated the appeals.
ISSUES
1. Is the "murder exception" to the three-year statute of limitations on wrongful-death claims applicable to persons other than the murderer?
2. Is a social worker who is providing intensive supervision of a person provisionally discharged from a mental-illness commitment entitled to official immunity for a failure to verify the client's compliance with the portion of his individual treatment plan requiring him to take prescribed medications when the person asserts that his psychiatrist had discontinued the medications?
3. Is Ramsey County, the social worker's employer, entitled to vicarious official immunity for the social worker's failure to verify the client's compliance with his treatment plan?
ANALYSIS
On appeal from a summary judgment, appellate courts ask whether (1) there are any genuine issues of material fact and (2) the trial court erred in its application of the law. State by Cooper v. French, 460 N.W.2d 2, 4 (Minn. 1990). A reviewing court views the evidence in the light most favorable to the party against whom judgment was granted. Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn. 1993).
I. Statute of Limitations
Whether a district court correctly determines a limitations period is a legal question we review de novo. See Sargent v. State Farm Mut. Auto. Ins. Co., 486 N.W.2d 14, 16 (Minn. App. 1992), review denie
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