A complaint that raises issues about a plaintiff’s mental condition should be considered a waiver to the protections under the Mental Health Procedures Act, a defense attorney representing a truck driver, who was allegedly involved in a suicide-by-truck incident, argued before the state Supreme Court.
On October 15, the justices heard argument in Octave v. Walker, which involves a man who police say tried to commit suicide by throwing himself under a tractor trailer. James Octave, through his wife, Susan Octave, had initially brought suit seeking recovery for physical and mental injuries, before the mental damages were dropped and the plaintiffs filed an amended complaint seeking recovery for only physical injuries.
