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Torts Keyed to Duncan
Kerns v. Hoppe
Citation:128 Nev. 910 (2012)
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Warner Kerns was a patient of Dr. Walter Hoppe and David Armitage at Desert Trails Medical (defendants), receiving treatment for knee pain. Warner’s knee injury had led to narcotics dependence, and the defendants proscribed him various painkillers so as not to encourage addition to any one of them. Despite signing numerous contracts that warned against this behavior, Warner then began to obtain prescriptions and narcotics from other doctors and eventually died in his sleep from methadone intoxication. Warner’s wife (plaintiff) sued the defendants for medical malpractice, negligence, and statutory violations. The defendants moved for summary judgment on the grounds that Warner had expressly and impliedly assumed the risk by abusing his prescriptions.
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