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DUNKLE v. FOOD SERVICE EAST INC.

400 Pa.Super. 58 (1990)

582 A.2d 1342

Steven L. DUNKLE, Administrator of the Estate of Senie Dunkle Eyer, A/K/A Senie Eyer, Deceased and Steve L. Dunkle, Administrator of the Estate of Senie Dunkle Eyer, Deceased, on Behalf of Byran Eugene Eyer and Todd Travis Eyer, Minors v. FOOD SERVICE EAST INC., et al. v. Bruce TINDAL, the Pennsylvania State University, et al., Keith A. Berfield, Rubin J. Echemendia and William Hylbert. Appeal of FOOD SERVICE EAST, INC; Food Service East, Inc. T/D/B/A the Cannery Store; the Cannery Store; Dennis James Hull; Richard Paul Whitman and Anthony Robert Castellano.

Supreme Court of Pennsylvania.

Filed December 3, 1990.

Attorney(s) appearing for the Case

Paul M. Puskar, Pittsburgh, for appellant.

Henry A. Goodall, Jr., State College, for Tindal, appellee.

James M. Horne, State College, for Pa. State, appellee.

Jerome E. Ornsteen, Philadelphia, for Hylbert, appellee.

R. Bruce Morrison, Norristown, for Berfield, appellee.

Before POPOVICH, HUDOCK and MONTGOMERY, JJ.

POPOVICH, Judge.

This controversial appeal involves the strangulation death of Senie Eyer. What began as a simple action in negligence against the store where Eyer was attacked has now escalated into an attempt to hold the perpetrator's treating psychologist, counselor and doctor liable in damages for failing to warn the victim of their patient's propensity towards violence. Our duty is to consider whether the...

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