Gilmer Ex Rel. Gilmer v. Martin

Hearn, Judge:

James Gilmer, personally and as personal representative of the estate of Mallie S. Gilmer, sued John W. Martin, M.D., for damages caused when one of Martin’s psychiatric patients killed the decedent. Gilmer based his claim on Martin’s failure to warn the patient’s employer, the nursing home where the decedent resided, that the patient was dangerous and posed a threat of harm to patients at the nursing home. The circuit court judge granted summary judgment for Martin, finding no duty to warn existed, and Gilmer appeals. We affirm.

Summary judgment is appropriate where it is clear…