Althaus et al. v. Cohen, M.D. et al (Dissenting Opinion)

Annotate this Case

Download PDF

[J-32-1999] IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT NICOLE L. ALTHAUS, a minor, by RICHARD T. ALTHAUS and CHERYL RENEE ALTHAUS, her parents and natural guardians, and RICHARD T. ALTHAUS and CHERYL RENEE ALTHAUS, in their own right, Appellees v. JUDITH A. COHEN, M.D., and UNIVERSITY OF PITTSBURGH WESTERN PSYCHIATRIC INSTITUTE AND CLINIC, Appellants : : : : : : : : : : : : : : : : : No. 70 W.D. Appeal Dkt. 1998 No. 71 W.D. Appeal Dkt. 1998 Appeal from the Order of the Superior Court entered April 13, 1998 at Nos. 1138 PGH 1996 & 1217 PGH 1996 affirming the Order of the Court of Common Pleas of Allegheny County, Civil Division, entered May 23, 1996 at No. G.D. 92-20893 ARGUED: March 8, 1999 DISSENTING OPINION MR. CHIEF JUSTICE FLAHERTY On this record, I would hold that a duty was owed, and, therefore, respectfully dissent. In my view where, as was the case here, the therapist attended preliminary hearings with knowledge that allegations are untrue, indeed physically impossible, and sat idly by, public policy is not well served by a judicially created insulation from liability. Mr. Justice Nigro joins this dissenting opinion.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.