In Re C.T.
458 N.E.2D 1089, 120 ILL. APP.3D 922, 1983.IL.0001576
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On April 5, 1982, the plaintiff, David M. Novak filed a wrongful death action in the circuit court of Peoria County, alleging that the defendants Allen Rathnam, a psychiatrist, and David Girmscheid, a psychologist, employees of the Zeller Mental Health Center (Zeller) in Page 480 Peoria, Illinois, were negligent in approving the discharge of Robert Lee Endicott, who also was named as a defendant, from Zeller. Subsequent to his release, Endicott traveled to Florida, where he shot and killed Beverly Novak, the plaintiffs daughter. On March 7, 1983, the circuit court of Peoria County ordered Rathnam and Girmscheid to submit to discovery depositions regarding their professional treatment of Endicott. The circuit court stayed that order, however, pending the disposition of an interlocutory appeal on a question certified under Rule 308 (87 Ill.2d R. 308). The question was whether Rathnam and Girmscheid were barred under the Mental Health and Developmental Disabilities Confidentiality Act (the Act) (Ill. Rev. Stat. 1981, ch. 91 1/2, par. 801 et seq.) from testifying. The appellate court held that Rathnam and Girmscheid could not be compelled to testify and reversed the judgment of the circuit court. (119 Ill. App.3d 847.) We allowed the plaintiffs petition for leave to appeal under our Rule 315 (87 Ill.2d R. 315).