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McIntosh v. Milano

403 A.2d 500 (1979)

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McIntosh v. Milano

New Jersey Superior Court
403 A.2d 500 (1979)

SC

Facts

In 1973 Lee Morgenstein was 15 years old and began seeing Dr. Michael Milano (defendant), a licensed psychiatrist. Morgenstein told Milano of certain experiences with and feelings toward Morgenstein’s neighbor, 20-year-old Kimberly McIntosh (Kimberly). For example, Morgenstein spoke of a sexual relationship he had with Kimberly. Morgenstein also told Milano that he had fantasies of pulling knives on people to scare them away if they tried to scare him. Morgenstein also admitted to Milano that he had shot a BB gun through a car window because Kimberly was going on a date in the car with her boyfriend. Finally, Morgenstein told Milano that he wished Kimberly would suffer, although Morgenstein never explicitly expressed any feelings of violence toward Kimberly. In 1975 Morgenstein killed Kimberly. Kimberly’s mother, Peggy McIntosh (plaintiff), sued Milano for wrongful death, alleging that Milano had a duty to warn Kimberly or her parents of the danger of Morgenstein and that Milano had breached that duty. Milano sought to dismiss the complaint for failure to state a claim.

Rule of Law

Issue

Holding and Reasoning (Petrella, J.)

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