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Wilkins v. Lamoille County Mental Health Services10/21/2005
PRESENT: Dooley, Johnson, Skoglund and Reiber, JJ., and Gibson, J. (Ret.), Specially Assigned
1. This appeal arises out of the suicide of twenty-two-year-old Melissa Issler, whose estate filed this action against Lamoille County Mental Health Services, Inc., (hereafter "defendant") alleging that defendant's negligence in treating Ms. Issler's suicidal condition was the cause of her death. The estate (hereafter "plaintiff") appeals from a summary judgment in favor of defendant. Although we do so on slightly different grounds, we affirm the judgment of the trial court. Based on controlling law and the undisputed material facts, we hold that plaintiff failed to adduce evidence sufficient to prove that defendant's conduct was the proximate cause of death.
2. The material facts are undisputed. On January 19, 1999, Ms. Issler (hereafter "decedent") was brought to Copley Hospital in Morrisville after taking an overdose of Xanax tablets. There, as alleged in the complaint, she "received treatment and was evaluated by emergency room staff and an Emergency Service Worker " employed by defendant, which had contracted with the hospital to provide mental health evaluations. After her physical condition was stabilized, decedent was interviewed by the emergency services worker, Kathleen Greenmun, for a period of between fifteen and twenty-five minutes. In her notes from the interview, Greenmun reported that decedent appeared "groggy" and "pale," that she had recently experienced a series of seizures, and that after a particularly severe seizure "she felt something snapped, and she attempted to swallow a bottle of medication not her own." According to Greenmun's notes, decedent stated that "things had piled up" and that "she felt overwhelmed." Decedent acknowledged, however, that "taking the overdose was a stupid, impulsive act." She "denie any current suicidal ideation or plan," and indicated that she wanted to go home to rest at her boyfriend's residence.
3. Based on the interview, Greenmun concluded that decedent was not a suicide risk, and could safely go home. The interview notes indicate that Greenmun encouraged decedent to call Lamoille County Mental Health to discuss counseling, and to contact the mental health agency if she again felt overwhelmed. Decedent's boyfriend and another friend met her at the hospital. Greenmun recalled that she talked with them about removing medications from the house, but said nothing about firearms. Decedent's boyfriend stated that he removed and destroyed a number of medications from the home, but that it did not occur to him to remove a loaded pistol that he kept in his truck. Six days after the initial incident, on the morning of January 25, 1999, decedent entered the truck, removed the pistol from its holster, and shot herself in the head. She died shortly thereafter.
4. In January 2001, plaintiff filed this action against defendant, alleging that decedent's suicide was a proximate result of Greenmun's "negligence in treating [decedent's] suicidal condition." Plaintiff alleged specifically that Greenmun had been negligent in failing to determine whether any guns were available to decedent at her boyfriend's home, neglecting to enter into a "safety contract" with decedent, failing to initiate and schedule a follow-up appointment for decedent, and failing to contact decedent's treating physician regarding the reported seizures. In support of the claim, plaintiff's expert witness, Dr. David Ellenbrook, Ph.D., offered his opinion that Greenmun had deviated from professional standards of care in evaluating and treating patients at risk of suicide in several respects, including her decision to conduct the evaluation while decedent was stil
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