Legal Opinion

B.R. v. West

Utah Supreme Court

Decided February 28, 2012No. 20110207PublishedCited by 69 opinions

1Opinion of the Court

Justice LEE,

opinion of the Court:

1 In this case we are asked to determine whether a physician owes nonpatients a duty to exercise reasonable care in the affirmative act of prescribing medications that pose a risk of injury to third parties We uphold such a duty, while clarifying the nature of the legal analysis relevant to duty in tort, the factors relevant to its evaluation, and its relation to matters of breach and proximate cause.

I

12 According to the allegations of the complaint, which we accept as true for purposes of our analysis, David Ragsdale received medical treatment in 2007 from…

2Cases cited28 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Webb v. JarvisIndiana Supreme Court · 1991
  3. Ontiveros v. BorakArizona Supreme Court · 1983
  4. Higgins v. Salt Lake CountyUtah Supreme Court · 1993
  5. Rollins v. PetersenUtah Supreme Court · 1991

23 more not listed; retrieve them via the Exa API.

3Cited by69 opinions

  1. Reighard v. YatesUtah Supreme Court · 2012
  2. Graves v. North Eastern Services, Inc.Utah Supreme Court · 2015
  3. Hill v. Superior Property Management Services, Inc.Utah Supreme Court · 2013
  4. Cope v. Utah Valley State CollegeUtah Supreme Court · 2014
  5. Scott v. Universal Sales, Inc.Utah Supreme Court · 2015

64 more not listed; retrieve them via the Exa API.

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