Gross v. Myers

229 Mont. 509, 748 P.2d 459 (1987)

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Gross v. Myers

Montana Supreme Court
229 Mont. 509, 748 P.2d 459 (1987)

DC

Facts

Mrs. Gross (plaintiff) enrolled in a therapy group led by Ms. Myers (defendant), a licensed social worker. At the time she enrolled, Mrs. Gross was assured of strict confidentiality for issues discussed in the group therapy sessions. During a group therapy session, Mrs. Gross disclosed incidents of sexual abuse her husband had committed against her daughters 16 years earlier that were never reported to the authorities. Following a group therapy session in 1986, Ms. Myers informed Mrs. Gross that she was required to report these instances of abuse to authorities. Ms. Myers gave Mrs. Gross an opportunity to report the abuse herself, but Mrs. Gross did not do so. Ms. Myers subsequently made a report of the abuse to the Department of Human Services (DHS). At the time of the report, none of Mrs. Gross’s children lived with her and they were all over 19 years old. As a result, DHS did not investigate the report. Mrs. Gross later filed suit in the district court and sought damages for harm caused by the report. The district court granted Ms. Myers’s motion for summary judgment, and Mrs. Gross appealed.

Rule of Law

Issue

Holding and Reasoning (Weber, J.)

Dissent (Sheehy, J.)

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