Tamsen V. Weber

Plaintiffs have appealed from a summary judgment and from the superior court's subsequent denial of their motion for new trial. The central issue presented is whether the defendant psychiatrist, Dr. George Weber, owed a duty to protect the plaintiff, Margaret Tamsen, from the violent acts of a person committed to the Arizona State Hospital, Kevin Trahan, who was in the care and custody of Dr. Weber. Because we hold that such a duty exists, we reverse the summary judgment, and remand for trial on whether Dr. Weber's conduct breached that duty and whether his breach caused harm to the plaintiffs.