Gooden v. Tips

COLLEY, Justice,

concurring.

I concur in the result reached, but for different reasons. I would reverse the summary judgment rendered below because, assuming the truth of appellants’ allegations set forth in their fourth amended original petition (quoted in the opinion), a cause of action was alleged against Dr. Tipps under existing common-law rules. I deem it unnecessary to adopt the so-called “limited duty to warn” rule created by the majority in this case.