Judge dismisses several charges in shooting trial

By SUSIE XU
Collegian Staff Writer

HOLLIDAYSBURG -- Blair County Judge Jolene Kopriva dismissed several claims last week filed by the parents of Melanie Spalla, the Penn State student fatally shot in 1996 on the HUB lawn by Jillian Robbins, based on precedent.

Kopriva dismissed claims against Wilber Wadlington and Katherine Thomson, two psychologists who allegedly treated Robbins. The Spallas had argued the psychologists should have reported the threats Robbins had made during therapy sessions.

In addition, a claim against Sirkka-Lisa Robbins, Robbins' mother, was dismissed. The claim stated the mother was responsible for warning law enforcement officials her daughter had a gun. It claimed she also was responsible for committing her daughter to an institution, even against her will, because she was a threat to herself and others, according to court documents.

The judge also dismissed a claim, with the plaintiff's consent, against the Meadows Psychiatric Center in Centre Hall for damages for loss of enjoyment of life under a wrongful death count.

Kopriva did, however, refuse to dismiss the claims against the psychologists for professional malpractice because she said the two can be held liable for injuries to third parties, namely Spalla.

The defendants named in the dismissals have 30 days to respond to them.

A duty to warn is limited depending on the circumstances stated in Emerich v. Philadelphia Center for Human Development Inc., a 1998 Pennsylvania Supreme Court case, Kopriva said.

The case states a professional duty to warn exists only if there is a "specific and immediate threat of serious bodily harm to a particularly identified or readily identifiable individual."

In the HUB lawn shooting, the shooter -- not the victim -- was readily identifiable, Kopriva wrote in her opinion document, which stated her reasons for the dismissals.

"As a result, (the plaintiff's complaint) . . . fails to state a cognizable cause of action for failure to warn and further . . . could not result in a viable cause of action," Kopriva wrote.

Additional claims against Wadlington and Thomson were dismissed with cooperation from the Spallas. One claim for loss of enjoyment of life under a wrongful death action and one for parental loss of filial consortium were dismissed against the psychologists.

Joseph Ricci, Wadlington's attorney, said his client will continue to claim he is not accountable for anything related to the shooting.

"We are going to deny responsibility and deny there's any liability," Ricci said. "I think the evidence will show my client acted properly and appropriately."

Despite the dismissals, Craig Coleman, the Spallas' attorney, said they are not a detriment to his case and will not affect its progress.

"(The dismissals) really didn't affect my case. . . . My case continues," he said, adding all of the defendants from the original case, filed in October 1998, still are being sued.

The defendants still involved in the case include Ruben Echemendia, The Meadows Psychiatric Clinic, Penn State, Jillian Robbins, Daniel Robbins, Sirkka-Lisa Robbins, Thomson and Wadlington.

Coleman said he anticipates the litigation process to be lengthy.