SPINA v. JACK D. WEILER HOSPITAL


28 A.D.3d 311 (2006)

813 N.Y.S.2d 406

THERESA SPINA, Respondent, v. JACK D. WEILER HOSPITAL OF THE ALBERT EINSTEIN COLLEGE OF MEDICINE et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

April 13, 2006.


Plaintiff was exposed to and tested positive for tuberculosis after visiting her mother at a facility operated by defendants. Plaintiff subsequently commenced the instant action against defendants claiming that they negligently permitted patients and visitors at the facility to be exposed to tuberculosis. Supreme Court denied defendants' motion for summary judgment dismissing the complaint. We reverse.

A physician does not owe a duty of care to a nonpatient unless...

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