Marguerite Frances James, Petitioner v. Raymond M. Brown, M.d., Respondents

Summary

The Texas Supreme Court affirmed the appellate court’s summary‑judgment rulings on the doctors’ privileged communications, false imprisonment and malicious prosecution, but reversed and remanded the summary‑judgment ruling on the negligent‑misdiagnosis malpractice claim, finding genuine issues of material fact. The Court held that communications made in the course of mental‑health proceedings are absolutely privileged from defamation actions, and that the statutory immunity in Art. 5547‑18 shields only those acting in good faith and without negligence. The Court also affirmed that the false‑imprisonment and malicious‑prosecution claims were not properly pleaded. Justice Wallace, dissenting, would have held that the trial court erred in granting summary judgment on the libel claim concerning Dr. Rosenthal’s letter to Blue Cross.