Deller v. Naymick

The “dual capacity” doctrine was first articulated by the California Supreme Court in Duprey v. Shane, 39 Cal.2d 781, 249 P.2d 8 (1952), which “adopted as and for the opinion of this Court” the opinion of the District Court of Appeal, First Appellate District, Division One, Presiding Justice Raymond E. Peters, in Duprey v. Shane, 241 P.2d 78 (Cal.Dist.Ct.App.1952). Ms. Duprey was employed as a nurse by a partnership which practiced chiropractic medicine when she was injured while handling a patient. 39 Cal.2d at 785, 249 P.2d at 11. She was treated by Dr. Shane, one of the partners, and by…