Bradshaw v. Daniel

OPINION

ANDERSON, Justice.

We granted this appeal to determine whether a physician has a legal duty to warn a non-patient of the risk of exposure to the source of his patient’s non-contagious disease — Rocky Mountain Spotted Fever. The trial court denied the defendant physician’s motion for summary judgment, but granted an interlocutory appeal on the issue of the physician’s legal duty. The Court of Appeals limited the record and held that the facts were insufficient to show that the risk to the non-patient of contracting Rocky Mountain Spotted Fever was such that a legal duty arose on the part…