Estate of Luck ex rel. DeCourcey v. Albeck

Smith, Herman J., J.

The plaintiff, Marilyn DeC-ourcey (“DeCourcey”), administratrix of the estate of her son, Paul M. Luck (“Luck”), brought this action against the defendant, Joseph H. Albeck, M.D. (“Dr. Albeck”), Luck’s psychiatrist, alleging negligence and wrongful death. Before the court is Dr. Albeck’s motion for summaiy judgment. For the following reasons, Dr. Albeck’s motion is ALLOWED.

BACKGROUND

The relevant facts, taken in the light most favorable to the plaintiff, are as follows. Dr. Albeck began psychiatric care and treatment of the decedent, Luck, in the fall of 2002. He diagnosed…