Lababedy v. Gisla
In September 2005, Jack Ray Bills crashed his car into a Circle 7 store owned by plaintiff Hakmat Lababedy, causing personal injury and property damage. Plaintiff sued defendant John Gisla, Jr., a physician who treated Bills from 1999 to 2001, for negligence and negligence per se based on Gislas failure to report to the local health officer, as required by Health and Safety Code section 103900, that Bills had a disorder characterized by lapses of consciousness. Concluding defendant owed no duty of care to plaintiff, the trial court sustained defendants demurrer to the complaint without leave to amend and entered a judgment of dismissal. Plaintiff appeals. Court conclude the trial court correctly sustained the demurrer on the complaint before it, but that plaintiff should be allowed to amend. Court shall reverse the judgment of dismissal with directions to the trial court to vacate its order sustaining the demurrer without leave to amend and to enter a new order sustaining the demurrer with leave to amend.
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