Lowe v. County of San Diego

[183 CalApp3d Page 519] This appeal concerns the liability of the County of San Diego (County) under the rationale of the holding in Tarasoff v. Regents of University of California (1976) 17 Cal. 3d 425 [131 Cal. Rptr. 14, 551 P.2d 334], for damages arising out of (1) the claimed negligence of a psychiatrist employed by the County at the community mental health center (CMH) in failing to warn a wife of her husband's known dangerous propensities for the infliction of harm upon her and (2) the claimed negligence of a deputy sheriff in failing to protect her from her husband. The damages are sought by the guardian for Mikie, whose mother was killed by his father who then committed suicide. We shall hold the psychiatrist owed a duty to exercise reasonable care to avoid harm to the wife at the hands of her husband, but the psychiatrist and thus the County are entitled to immunity. We shall also hold the deputy sheriff and thus the County are not liable in the circumstances presented and affirm the judgment.