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Vanhook v. Winston8/18/1995
AFFIRMING
JOHNSON, JUDGE: Bonnie Lou VanHook (VanHook) appeals from a summary judgment entered by the Pulaski Circuit Court on June 6, 1994, dismissing a medical malpractice complaint against Bob Winston, M.D. (Winston). We affirm.
VanHook filed a complaint for monetary damages on November 26, 1991, alleging professional malpractice against John Barnett (Barnett) based upon Barnett's alleged abuse of their therapist-patient relationship. VanHook had sought emotional counseling from Barnett, a family and chemical dependency counselor, during the period of August-October 1990. Barnett admits that sometime during this period, a sexual relationship developed between VanHook and him. Incidents of this relationship took place both in and outside the office and included meetings at a lakefront vacation trailer owned by Barnett and a Lexington hotel, the two having sexual intercourse on both occasions. Further Barnett also advised VanHook to seek a divorce from her husband. Although VanHook discontinued formal therapy with Barnett in October 1990, their romantic relationship continued for some two months afterward, ending sometime in December 1990.
Early in 1991, VanHook consulted an attorney who informed her that she might have a malpractice claim against Barnett. Some months later in August 1991, Vanhook was evaluated by a psychiatrist, Dr. Robert P. Granacher, Jr., who informed her that Barnett violated professional standards in becoming romantically and sexually involved with a patient. The original complaint filed by VanHook on November 26, 1991, named only Barnett as a defendant. While VanHook's attorney requested copies of her medical records from Barnett in July 1991, prior to the filing of the lawsuit, that request was not answered. These records were not obtained by VanHook until surrendered by Barnett at his deposition on June 16, 1992. Upon reviewing the records, VanHook's attorney discovered that many of the entries relating to VanHook's therapy sessions were signed by Winston in a supervisory capacity. Winston apparently operated a psychiatry office in the same building as Barnett's office. Both men's names appeared at the entryway, but on separate signs. One sign showed the name "John Barnett" above the title "Lifeworks" and a telephone number. Above the sign with Barnett's name was another sign bearing the listing of "Flowers, Inc.," apparently another business concern located in the building. The door itself bore the inscription "Bob Winston, M.D." above the word "Psychiatry" and listed a telephone number different from Barnett's. The overall effect of the signs was to give the reasonable impression that the businesses and professional concerns were unrelated and merely sharing office space. Further, Barnett's business card which was given to VanHook did not indicate any connection between Barnett and Winston.
Nearly one year after receiving the records, on June 9, 1993, VanHook filed an amended complaint which, in addition to Barnett, named Winston as a defendant based upon the doctrine of respondeat superior. Winston moved for summary judgment alleging that the applicable one-year statute of limitations had expired. See KRS 413.140(1)(e). VanHook denied that the statute had expired. Alternatively, citing Kentucky Rules of Civil Procedure (CR) 15.03, she argued that the complaint against Winston related back to the original complaint which named only Barnett. In the second alternative, Vanhook argued that her complaint against Winston stated a cause of action under the tort of outrage, which has a five-year statute of limitations. See Craft v. Rice, Ky., 671 S.W.2d 247 (1984). The trial court granted Winston's motion for summary judgment and this appeal fol
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