Negligence, malpractice, evidence, private right of action.

The family of a man who received outpatient counseling service appeal a lower court's ruling in their suit against the counseling service. Charles and Margaret Peck filed suit against the Counseling Service of Addison County, Inc., claiming negligence and malpractice. The Peck's son received outpatient counseling from the service. Following an argument with his father, the son told a counselor he wanted to set fire to the family's barn. The counselor made the son promise he would not follow through on the threat, but the counselor never informed the Pecks of the threat. The son subsequently set fire to the barn. The Pecks filed suit, claiming the counselor breached a duty to inform someone of the son's threat.

An Addison county court ruled in favor of the counseling service and dismissed the case. The Pecks now appeal.

The Pecks wins. The Vermont Supreme Court reversed the ruling of the lower jurisdiction and remanded the case for appropriate action. The court ruled the therapist had a duty to warn the Pecks of their son's threat to set fire to the family barn.