Thapar v. Zezulka
Texas Supreme Court
1Opinion of the CourtJustice Enoch
The primary issue in this case is whether a mental-health professional can be liable in negligence for failing to warn the appropriate third parties when a patient makes specific threats of harm toward a readily identifiable person. In reversing the trial court’s summary judgment, the court of appeals recognized such a cause of action. 1 Because the Legislature has established a policy against such a common-law cause of action, we refrain from imposing on mental-health professionals a duty to warn third parties of a patient’s threats. Accordingly, we reverse the court of appeals’ judgment and…
2Cases cited24 opinions
- Science Spectrum, Inc. v. MartinezTexas Supreme Court · 1997
- Cathey v. BoothTexas Supreme Court · 1995
- Tarasoff v. Regents of University of CaliforniaCalifornia Supreme Court · 1976
- Greater Houston Transportation Co. v. PhillipsTexas Supreme Court · 1991
- Kerrville State Hospital v. ClarkTexas Supreme Court · 1996
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3Cited by132 opinions
- Boudreaux v. Swift Transportation Co.Court of Appeals for the Fifth Circuit · 2005
- Lee C. Ritchie v. Ann Caldwell Rupe, as Trustee for the Dallas Gordon Rupe, III 1995 Family TrustTexas Supreme Court · 2014
- North American Van Lines, Inc. v. Emmons, Texas Court of Appeals, 9th District (Beaumont)2001
- Coastal Conduit & Ditching, Inc. v. Noram Energy Corp., Texas Court of Appeals, 14th District (Houston)2000
- Hurd v. Bac Home Loans Servicing, LPDistrict Court, N.D. Texas · 2012
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