Doe v. McKay

Jane Doe underwent psychological treatment with a clinical psychologist, Bobbie McKay (defendant). Over the course of this treatment, Jane reportedly discovered repressed memories of her father, John Doe (plaintiff), sexually abusing her. Jane had not been aware of these memories before the treatment with McKay. During one therapy session attended by John, Jane accused her father of sexually abusing her when she was 11. During the same session, McKay told John that both Jane and John had repressed the memories of the assault. John alleged that he later learned that this session had been arranged by McKay to confront him and to force him to confess to the alleged abuse. At a subsequent session, McKay told John and Jane that the only explanation for Jane’s psychological condition was repressed memory of abuse by John. John sued McKay for negligent treatment of Jane, which had deprived him of his daughter’s society and companionship. John argued that McKay’s method of inducing patients to recall repressed memories of childhood sexual abuse was not supported by scientific evidence and was not accepted by the psychological community. John did not allege that he was a patient of McKay and did not assert a therapist-patient relationship between himself and McKay. The trial court granted McKay’s motion to dismiss for failure to state a cause of action, but the appellate court reversed, ruling that John’s allegations did state a cause of action because McKay could have owed a duty to John to prevent injury to his daughter.