CROSBY BY CROSBY v. Sultz

While I agree with the result reached by Judge Popovich, I find it necessary to express my views on the issue presented. I do not believe that the ultimate issue we have been asked to decide is as framed by the Majority. We are not being asked whether “a doctor has [a] duty to control his patient’s driving habits or to protect third persons from the injuries occasioned by unforeseeable accidents ...” (Opinion p. 1338, 1339) nor are we required to “resolve ... whether Pennsylvania law imposes a duty on physicians to protect third parties from harm which could be inflicted on such persons by…