Maltais v. Peacehealth

When reviewing a judgment dismissing a complaint, the court accepts as true the facts alleged in the complaint and draws all reasonable inferences from those allegations in favor of the plaintiff. Tomlinson v. Metropolitan Pediatrics, LLC, 362 Or 431, 434 (2018). The court must "determine whether upon the facts alleged no reasonable factfinder could decide one or more elements of liability" in favor of the plaintiff. Fazzolari v. Portland School Dist. No. 1J, 303 Or 1, 17 (1987).

Plaintiffs appealed a judgment dismissing their claims for negligence against the medical service providers for their son. Plaintiffs suffered both physical and noneconomic injuries following their son's psychotic episode. On appeal, Plaintiffs asserted that the court erred in granting judgment on the pleadings that they failed to state a claim, and argued that Defendant did in fact owe them a duty of care despite their nonpatient-status. Defendant argued that because they did not cause injury to Plaintiffs, and there was no physician-patient, or other special relationship, Plaintiffs could not bring a negligence claim against them. When reviewing a judgment dismissing a complaint, the court accepts as true the facts alleged in the complaint and draws all reasonable inferences from those allegations in favor of the plaintiff. Tomlinson v. Metropolitan Pediatrics, LLC, 362 Or 431, 434 (2018). The court must "determine whether upon the facts alleged no reasonable factfinder could decide one or more elements of liability" in favor of the plaintiff. Fazzolari v. Portland School Dist. No. 1J, 303 Or 1, 17 (1987). The Court reasoned that because a fact finder could reasonable infer that Plaintiffs relied upon Defendant to ensure that their son received appropriate care. Additionally, because it could be inferred that Plaintiffs relied on Defendant to correctly diagnose their son, the allegations in the complaint were sufficient, if proven, to show that a relationship within the scope of a professional undertaking. The Court held that the complaint alleged facts sufficient to state a claim for negligence. REVERSED and REMANDED.