Zezulka v. Thapar

OPINION ON MOTION FOR REHEARING

O’CONNOR, Justice.

We overrule the motion for rehearing, withdraw our previous opinion, substitute this opinion, and again, reverse and remand.

This case requires that we determine whether the lack of a doctor-patient relationship is a defense to a suit against a doctor for failure to warn a third person that the patient is dangerous to that person. The trial court granted a motion for summary judgment based on the doctor’s lack of duty to the plaintiff because the doctor did not have a doctor-patient relationship with the third person.

Lyndall Zezulka (the…