Calwell v. Hassan

The opinion of the court was delivered by

Six, J.:

The first impression issue is whether the physician in this case owes a duty to the bicycling plaintiffs (or other members of the driving public) under either Restatement (Second) of Torts § 315 (1964) or § 324A (1964), arising from his failure to warn the patient not to drive. Kenneth C. Calwell and Joseph W. (Trey) Hall were injured in a head-on collision with a car driven by defendant Sharon K. Rylant. Rylant fell asleep while driving on August. 8, 1991, and veered across the road. Defendant Rizwan U. Hassan, M.D., a neurologist, was…