Legal Opinion

Octave ex rel. Octave v. Walker

Supreme Court of Pennsylvania

Decided October 30, 2014PublishedCited by 15 opinions

1Opinion of the Court

OPINION

Justice EAKIN.

In this appeal, we are asked to consider whether appellants waived the mental health records privilege provided under the Mental Health Procedures Act (MHPA), 50 P.S. § 7111,1 by filing a negligence suit to recover for physical injuries sustained by James Octave upon being struck by a tractor-trailer driven by appel-lee David Walker.2 The incident occurred June 21, 2007; based on eyewitness reports, the state police concluded James attempted to commit suicide by jumping under the truck’s trailer. On April 27, 2009, appellant Susan Octave, James’s wife, filed a complaint…

2Cases cited19 opinions

  1. Herbert v. LandoSupreme Court of the United States · 1979
  2. Zane v. Friends HospitalSupreme Court of Pennsylvania · 2003
  3. Prink v. Rockefeller Center, Inc.New York Court of Appeals · 1979
  4. Kraus v. TaylorSuperior Court of Pennsylvania · 1998
  5. Commonwealth v. StewartSupreme Court of Pennsylvania · 1997

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3Cited by15 opinions

  1. Commonwealth v. WiseSuperior Court of Pennsylvania · 2017
  2. C.S. v. PA DHS, Bureau of Hearings and AppealsCommonwealth Court of Pennsylvania · 2018
  3. Tavella-Zirilli, K. v. Ratner CompaniesSuperior Court of Pennsylvania · 2021
  4. ACLU of PA, Aplt. v. PA State PoliceSupreme Court of Pennsylvania · 2020
  5. C.L. v. M.P.Superior Court of Pennsylvania · 2021

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