Legal Opinion · Concurrence

Taylor v. Smith

Supreme Court of Alabama

Decided March 12, 2004No. 1011673Published

1Concurrence

In this case, we are faced with the prospect of expanding a physician's duty to third-party nonpatients as a result of a physician's treatment of his patient. The majority opinion has cited cases from other jurisdictions doing so. There are also cases in other jurisdictions that have refused to do so:Rebollal v. Payne, 145 A.D.2d 617, 618, 536 N.Y.S.2d 147, 148 (1988) ("There is no duty on the part of the operator of a methadone clinic to control the travel activities of a methadone patient giving rise to liability for accidents to a third party. . . ."); Werner v. Varner, Stafford Seaman,…

2Cases cited6 opinions

  1. Webb v. JarvisIndiana Supreme Court · 1991
  2. Kirk v. Michael Reese Hospital & Medical CenterIllinois Supreme Court · 1987
  3. Lester Ex Rel. Mavrogenis v. HallNew Mexico Supreme Court · 1998
  4. Rebollal v. PayneAppellate Division of the Supreme Court of the State of New York · 1988
  5. Tittle v. Giattina, Fisher & Co.Supreme Court of Alabama · 1992

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