CALWELL v. HASSAN

Nos. 72,817, 73,062.

260 Kan. 769 (1996)

925 P.2d 422

KENNETH C. CALWELL, Appellant, v. RIZWAN U. HASSAN, M.D., et al., Appellees. JOSEPH W. (TREY) HALL, Appellant, v. RIZWAN U. HASSAN, M.D., Appellee.

Supreme Court of Kansas.

Opinion filed October 25, 1996.


Attorney(s) appearing for the Case

Nicholas S. Dailey, of Depew and Gillen, L.L.C., of Wichita, argued the cause and was on the briefs for appellants Calwell and Hall.

Lee H. Woodard, of Woodard, Blaylock, Hernandez, Roth & Day, of Wichita, argued the cause, and James Z. Hernandez and Rachelle W. Smith, of the same firm, were with him on the briefs for appellee Hassan.

Wayne T. Stratton and Anne M. Kindling, of Goodell, Stratton, Edmonds & Palmer, L.L.P., of Topeka, were on the brief for amicus curiae Kansas Medical Society.


The opinion of the court was delivered by

SIX, J.:

The first impression issue is whether the physician in this case owes a duty to the bicycling plaintiffs (or other members of the driving public) under either Restatement (Second) of Torts § 315 (1964) or § 324A (1964), arising from his failure to warn the patient not to drive. Kenneth C. Calwell and Joseph W. (Trey) Hall were injured in a head-on collision with a car driven by defendant Sharon K...

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