Whaley v. State

This appeal presents issues of immunity and negligence. Reinstating a suit dismissed on summary judgment, we recognize a professional duty owed by a spe cialized provider of day care for developmentally disabled children in the use of a controversial technique called “facilitated communication” (FC). Because avoiding the infliction of emotional suffering is within the scope of the duty, the claim may proceed to trial though it asserts no actual or threatened physical harm. Liability may not be sought, however, for damages arising from an immunized report of child abuse.

FACTS

The appellant, and…