Opinion

Lemmond v. Sewell

  • 473 So. 2d 1047
Court
Supreme Court of Alabama
Filed
Jun 21, 1985
Status
Published
Author
Beatty
On the bench
Beatty, Shores
Cited by
8 cases
Authority
More cited than 15.2%

holding that the plaintiff could not maintain a contract claim based upon a physician's failure to use due care because "[t]he law implies a duty on the part of a physician to exercise due care; it does not imply a promise on his part to do so"

How later courts described this case

  • holding that the plaintiff could not maintain a contract claim based upon a physician's failure to use due care because "[t]he law implies a duty on the part of a physician to exercise due care; it does not imply a promise on his part to do so"

Written by the judges who cited it.

The opinion

Although I continue to hold the view expressed in my dissenting opinion in Bonds v. Brown , 368 So.2d 536 (Ala. 1979), I recognize that the majority does not share that view. Therefore, I will no longer persist in dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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