# Lemmond v. Sewell

> Supreme Court of Alabama · June 21, 1985 · 473 So. 2d 1047

URL: https://www.frixlaw.com/law-library/cases/9938241

## Case

- **Full name:** Peggy Lemmond, of the Estate of Richard D. Lemmond v. John B. Sewell J.T. Smith Stephen Branning and Robert W. Peete.
- **Court:** Supreme Court of Alabama
- **Decided:** June 21, 1985
- **Citations:** 473 So. 2d 1047
- **Precedential status:** Published
- **Opinion:** Concurrence by Beatty
- **Judges:** Beatty, Shores
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9938241

## How later opinions describe it (automated extraction)

- 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"

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9938241. Public record. Not legal advice.