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Torts Keyed to Underwood
Emerich v. Philadelphia Center for Human Development
Citation:720 A.2d 1032 (Pa. 1998)
The decedent was murdered by her former boyfriend, Gad Joseph. At the time of the murder, Joseph was being treated for mental illness and drug problems. The boyfriend had a history of physically and verbally abusing the decedent and had a history of other violent propensities. Joseph often threatened to murder the decedent. After the decedent had terminated the relationship, the boyfriend indicated during several therapy sessions that he wanted to harm the decedent. Later on, the boyfriend called his therapist and stated that he was going to kill the decedent. After attending a therapy session, the boyfriend reiterated that he would kill the decedent if he found her at their residence. However, the boyfriend later assured the therapy center that he would not harm the decedent. Therefore, he was allowed to leave. The boyfriend’s therapist would later receive a call from the decedent informing the therapist that she was going to the boyfriend’s residence to retrieve some items. The therapist warned the decedent not to go to the apartment. The decedent did not follow the therapist’s instructions and instead went to the boyfriend’s residence, where she was fatally shot.
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