Werner v. Kliewer, 57612
Decision Date | 06 December 1985 |
Docket Number | No. 57612,57612 |
Parties | Jayne WERNER, Appellant, v. Vernon KLIEWER, M.D. and Prairie View, Inc., Appellees, v. Roger WERNER, Third Party Defendant-Appellee. |
Court | Kansas Supreme Court |
Syllabus by the Court
In an action by a patient against her former psychiatrist and his employer seeking damages for the unauthorized disclosure of confidential information, the record is examined and it is held: The trial court did not commit error in finding no cause of action was established for an invasion of privacy (1) based upon an intrusion upon seclusion under Restatement (Second) of Torts § 652B (1976); (2) based upon unreasonable publicity given to the plaintiff's private life under § 652D; and (3) based upon tort theories outside the scope of the Restatement (Second) of Torts § 652. It is further held the trial court did not commit error in granting summary judgment to defendants on plaintiff's alleged cause of action for breach of contract.
Karen Black of Black & Black, Salina, argued the cause and was on brief for appellant.
Charles E. Hill of Kahrs, Nelson, Fanning, Hite & Kellogg, Wichita, argued the cause and was on brief for appellee Vernon Kliewer, M.D.
Clarence L. King, Jr. of King, Adrian, King & Brown, Chartered, Salina, argued the cause and was on brief for appellee Prairie View, Inc. Patrik W. Neustrom of Achterberg & Neustrom, Salina, was on brief for third-party defendant-appellee Roger Werner.
Jayne Werner, plaintiff in the district court, appeals from an order of summary judgment in favor of defendants, Vernon Kliewer, M.D. and Prairie View, Inc., in her action for damages based upon invasion of privacy and breach of contract.
Pursuant to Supreme Court Rule 3.05 (235 Kan. 1xiv) the parties have submitted a prepared statement of facts and issues in the district court in lieu of a record on appeal. The agreed statement provides:
A. Whether plaintiff has an actionable claim against the defendant for invasion of privacy.
B. Alternatively, whether plaintiff had a claim against the defendant for breach of contract, on the ground that a covenant not to disclose patient's secrets is part of the contractual relationship between patient and physician."
The letter of which Mrs. Werner complains states in its entirety:
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