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DeMONTINEY v. DESERT MANOR CONVALESCENT CTR.

No. 17479-PR.

144 Ariz. 6 (1985)

695 P.2d 255

Theo DeMONTINEY, surviving parent of Bobby Alcaida, Plaintiff/Appellant, v. DESERT MANOR CONVALESCENT CENTER INC., an Arizona corporation; George M. O'Brien, M.D.; Yuma County, a political subdivision of the State of Arizona; and Health Systems Research Institute, a Utah corporation, Defendants/Appellees.

Supreme Court of Arizona, In Banc.

Reconsideration Denied March 5, 1985.

Attorney(s) appearing for the Case

Sorenson, Moore, Benham, Garrett & Julian by J. William Moore, Phoenix, for plaintiff/appellant.

Gallagher & Kennedy by Michael K. Kennedy, Phoenix, for Desert Manor.

Crampton, Woods, Broening & Oberg by Donald P. Crampton, Phoenix, for Yuma County.

Weyl, Guyer, MacBan & Olson by Thomas G. Bakker, Phoenix, for George M. O'Brien, and Health Systems.

GORDON, Vice Chief Justice:

This petition for review arises out of a wrongful death action. We accepted review to consider whether Yuma County effectively delegated the duty of care it owes "mental-hold" patients, and to consider whether the trial court erred in failing to instruct the jury on the special duty of care owed to patients known to have suicidal tendencies.

The relevant factual and procedural background of this case follow. On June 6, 1978, Bobby...

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