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Keywords

plaintiffdefendantnegligenceappealtrialsummary judgmentseizure
plaintiffappealseizure

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Praesel v. Johnson, 967 S.W.2d 391, 41 Tex. Sup. Ct. J. 630

Facts

Ronald Peterson, an epileptic, suffered a seizure while driving and collided with a vehicle driven by Terri Lynn Praesel, resulting in her death. The plaintiffs, Praesel's husband and mother, sued the physicians who treated Peterson, alleging negligence for failing to warn him against driving and for not reporting his condition to the state. The trial court granted summary judgment for the defendants, leading to an appeal. The court of appeals affirmed some judgments but reversed one regarding Dr. Wendenburg, who had treated Peterson for epilepsy.

Ronald Peterson, an epileptic, suffered a seizure while driving and collided with a vehicle driven by Terri Lynn Praesel, resulting in her death.

Issue

Whether physicians owe a duty to third parties to warn an epileptic patient not to drive or to report the patient's condition to state authorities responsible for issuing driver's licenses.

Whether physicians owe a duty to third parties to warn an epileptic patient not to drive or to report the patient's condition to state authorities responsible for issuing driver's licenses.

Rule

Physicians do not owe a duty to third parties to warn patients about their medical conditions or to report those conditions to state authorities, particularly when the risk of harm is remote.

Physicians do not owe a duty to third parties to warn patients about their medical conditions or to report those conditions to state authorities, particularly when the risk of harm is remote.

Analysis

The court analyzed the statutory framework governing the reporting of medical conditions and concluded that the law does not impose a duty on physicians to report patients with epilepsy. It also considered the foreseeability of harm and the knowledge that patients with epilepsy have regarding their condition, ultimately determining that the responsibility for safe driving lies primarily with the patient.

The court analyzed the statutory framework governing the reporting of medical conditions and concluded that the law does not impose a duty on physicians to report patients with epilepsy.

Conclusion

The court reversed the judgment of the court of appeals in part and rendered judgment that the plaintiffs take nothing, concluding that the physicians did not owe a duty to warn Peterson not to drive.

The court reversed the judgment of the court of appeals in part and rendered judgment that the plaintiffs take nothing, concluding that the physicians did not owe a duty to warn Peterson not to drive.

Who won?

The physicians prevailed in the case because the court found that they did not owe a duty to the patient or to third parties regarding the patient's driving.

The physicians prevailed in the case because the court found that they did not owe a duty to the patient or to third parties regarding the patient's driving.

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