Logourl black
From our private database of 14,100+ case briefs...

Bradshaw v. Daniel

Tennessee Supreme Court
854 S.W.2d 865 (1993)


Facts

Elmer Johns went to the emergency room complaining of headaches, muscle aches, fever, and chills. Johns was admitted to the hospital under the care of Dr. Chalmers Daniel, Jr. (defendant). Dr. Daniel prescribed Elmer a drug to combat the latter stages of Rocky Mountain Spotted Fever (RMSF), a tickborne disease that can be fatal if not diagnosed and treated early. Elmer’s condition deteriorated rapidly and he died the following day. Following an autopsy the Centers for Disease Control confirmed that Elmer’s death was caused by RMSF. Although Dr. Daniel had spoken to Elmer’s wife, Genevieve, during the course of her husband’s treatment, Dr. Daniel never advised her of the risks of exposure to RMSF nor informed her that the disease likely caused Elmer’s death. A week later, Genevieve went to emergency room at a different hospital complaining of similar symptoms—chills, fever, mental disorientation, and nausea, among others. Genevieve was admitted to the hospital for treatment, but died three days later. Genevieve’s son, William Bradshaw (plaintiff) filed suit against Dr. Daniel alleging that his negligence in failing to advise Genevieve of the risk of exposure to RMSF proximately caused her death. In depositions, two experts testified on behalf of Bradshaw that family members are at a greater risk of contracting RMSF due to living daily in close proximity to one another. The trial court denied Dr. Daniel’s motion for summary judgment, but granted an interlocutory appeal on the issue of a physician’s duty to warn a family member of a non-contagious disease. The court of appeals concluded that the facts were insufficient to show that the risk to Genevieve of contracting RMSF was such that a legal duty arose on the part of Dr. Daniel. Bradshaw appealed. The Tennessee Supreme Court granted certiorari to review.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Anderson, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 221,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.