VAN HORN v. CHAMBERS

No. 97-0630.

970 S.W.2d 542 (1998)

Gage VAN HORN, M.D., Petitioner, v. Wallace Lee CHAMBERS, Annie Mae Chambers, and Edward Johnson, Respondents.

Supreme Court of Texas.

Decided July 3, 1998.

Rehearing Overruled July 3, 1998.


Attorney(s) appearing for the Case

Terry O. Tottenham, Austin, Renee A. Forinash, San Antonio, Dean A. Schaffer, Austin, for Petitioner.

Gayle E. Oler, Dallas, Winfred H. Morgan, Michael Phillips, Evelyn T. Ailts, Ray L. Shackelford, Houston, for Respondents.


GONZALEZ, Justice, delivered the opinion of the Court, in which PHILLIPS, Chief Justice, HECHT, ENOCH, SPECTOR, OWEN, BAKER and HANKINSON, Justices, joined.

The motion for rehearing is overruled. Our opinion of May 8, 1998, is withdrawn and the following is substituted in its place.

The issue in this case is what duty a physician owes to third parties outside the physician-patient relationship. Two hospital employees were killed and a fellow employee injured...

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