Evans v. Benson

Decision Date04 May 2007
Docket NumberNo. 05-1006.,05-1006.
PartiesBrian L. EVANS, Appellant, v. Judy BENSON and Bluffs Psychiatric Associates, P.C., Appellees.
CourtIowa Supreme Court

James L. Sayre of James L. Sayre, P.C., Clive, for appellant.

Jeffrey A. Boehlert of Patterson, Lorentzen, Duffield, Timmons, Irish, Becker & Ordway, L.L.P., Des Moines, for appellee Judy Benson.

John M. French of Peters Law Firm, P.C., Council Bluffs, for appellee Bluffs Psychiatric Associates, P.C.

LARSON, Justice.

Brian Evans sued Judy Benson, a nurse, and her employer, Bluffs Psychiatric Associates, P.C., for invasion of privacy and negligent disclosure of confidential medical records. The case was tried by the court without a jury, and the court entered findings of fact and judgment in favor of the defendants. We affirm.

The plaintiff, Brian Evans, had been employed by Pella Corporation in its Shenandoah, Iowa, plant, but his employment was terminated as the result of several problems experienced in that relationship. He had been reprimanded for excessive absenteeism and was warned of possible termination if his performance did not improve. These disciplinary matters were handled by Robert Larson, Pella's human resources manager. Evans expressed hostility toward Larson and admitted he had homicidal thoughts about him. At the urging of Evans' fiancée, he was evaluated by a clinical psychologist in November 2000, and the psychologist reported that Evans was highly irritable, had suicidal thoughts, and confirmed that Evans had homicidal thoughts about Larson. Later in November, Evans was evaluated by defendant Judy Benson, a registered nurse practitioner, who testified that Evans had exhibited signs of anxiety and suicidal thoughts. He also talked about Robert Larson and hurting him "real bad." Benson told Evans that she thought it was her professional responsibility to warn Larson of the danger posed by Evans.

Ms. Benson testified she understood her duty as a psychiatric nurse in such cases to be twofold:

I have a duty to both protect and warn. My duty to protect, to protect any patient, in this case Mr. Evans, from doing anything that would harm him or harm another person. If Mr. Evans harms another person, that does irreparable harm to Mr. Evans as well.

The other thing . . . is that if someone is identified and I think there is a reasonable possibility that they will be harmed, I have to tell—contact them and tell them that this person has threatened to harm them. I don't have to tell them anything else. And in this case, I did not.

Benson testified that Evans was experiencing "command hallucinations" — voices that told him what to do, and a voice told him to harm himself. He stated he had access to a gun, and Benson was "very, very worried" about what might happen. Evans' fiancee told Benson that "all [Evans] could think about was harming Bob Larson." In her thirty years of experience, she had never before felt the need to contact a third person to warn them about a patient.

Benson discussed Evans' case with a psychiatrist, a judicial referee, and the hospital's attorney. This team decided that Evans should be examined for possible hospitalization under Iowa Code chapter 229A (mental commitment).

On November 30, 2000, the day Evans was examined by Benson,...

To continue reading

Request your trial
5 cases
  • Fuhrmann v. Majors, No. 8-253/07-1531 (Iowa App. 7/16/2008), 8-253/07-1531
    • United States
    • Iowa Court of Appeals
    • 16 Julio 2008
    ... ... Iowa R. App. P. 6.4. We will not set aside a bench trial decision unless "it was induced by an error at law." Evans v. Benson, 731 N.W.2d 395, 397 (Iowa 2007) ...         III. MERITS ...         The Furhmann American Family policy provided for ... ...
  • State v. Mott
    • United States
    • Iowa Supreme Court
    • 4 Mayo 2007
  • City of Postville v. Upper Explorerland Reg'l Planning Comm'n
    • United States
    • Iowa Court of Appeals
    • 10 Junio 2015
    ...verdict. This means that a district court's decision will not be set aside unless it was induced by an error of law.Evans v. Benson, 731 N.W.2d 395, 397 (Iowa 2007) (citations omitted). The district court's findings of fact are binding on us if supported by substantial evidence. Data Docume......
  • Taylor v. Farm Bureau Mutual Ins. Co., No. 0-012/09-0695 (Iowa App. 2/24/2010)
    • United States
    • Iowa Court of Appeals
    • 24 Febrero 2010
    ... ... This means that a district court's decision will not be set aside unless it was induced by an error of law ...         Evans v. Benson, 731 N.W.2d 395, 397 (Iowa 2007) (internal citations omitted) ...         The trial court has broad discretion in making rulings ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT