Peck v. Counseling Service of Addison County, Inc.

During outpatient therapy at Counseling Service of Addison County (defendant), John Peck, who had a history of impulsive assaultive behavior, alcoholism, epilepsy, and a possible worsening brain disorder, told his therapist after an argument with his father that he "could burn down his barn"; the therapist, lacking Peck's most recent medical history and working at a clinic with no policy for managing patient threats, accepted Peck's promise not to act and did not warn his parents (plaintiffs). Peck then burned down the barn, and his parents sued for negligent failure to warn; expert testimony established that assessing the credibility of such a threat required a complete medical history the therapist never obtained, and the trial court found no liability, prompting the parents' appeal.