Sisson v. Seneca Mental Health/Mental Retardation Council, Inc.

MILLER, Chief Justice.

Emogene Sisson, the plaintiff below, appeals an order of the Circuit Court of Nicholas County, dated August 31, 1989, granting summary judgment for Seneca Mental Health/Mental Retardation Council, Inc. (Seneca). The issue on appeal is whether Max Malcomb, an employee of Seneca, had a patient-counselor relationship with Ms. Sisson when he engaged in sexual relations with her. We find that this professional relationship did not exist; therefore, we affirm the judgment of the circuit court.

I

During August and September, 1983, Ms. Sisson was hospitalized at St. Joseph’s…