Nineteen-year-old William Freund had suffered from Asperger’s Syndrome, a form of autism that affects social skills, and received treatment for that condition from Dr. Laurence Greenberg, a psychiatrist, for several years. Freund lived next door to the Smith family. He was friends with Brandon Smith and attended school with him. Freund had never exhibited any violent tendencies.
One day, Freund visited the Smith home and shot two members of the family to death. He then returned to his home and turned the gun on himself. After these incidents occurred, the remaining members of the Smith family learned that Freund had visited a website called Wrong Planet, writing that he had purchased a gun and planned to “blast things away.” The Smiths brought a wrongful death suit against Greenberg for medical negligence. Specifically, they alleged that Greenberg’s course of treatment caused Freund’s violence against their family members. Greenberg moved for summary judgment, noting that he he owed no duty to the Smiths. The trial court denied the motion.
On appeal, the Superior Court of Orange County noted that Freund had no history of violent behavior and never given any indication to Greenberg that he intended to harm himself or others. Consequently, the court held that Greenberg did not owe a duty of care to the Smith family when determining the care and treatment of Freund. For a full account of this story, click here.
