Bengston v. Giroud

THREADGILL, Judge.

David and Cindy Bengston appeal an order of the trial court dismissing their negligence complaint with prejudice. Dr. Gir-oud, the defendant and appellee, had moved to dismiss for failure to state a cause of action, specifically for: (1) failure to allege a duty owed by Dr. Giroud to David Beng-ston or a legal relationship giving rise to such duty; (2) failure to allege a breach of such duty; and (3) failure to allege that damage was sustained as result of a breach of duty.

Bengston’s complaint stated that he was employed at All Children’s Hospital where Dr. Giroud had staff…