Eelbode v. Chec Medical Centers, Inc.

Armstrong, A.C.J.

Norbert Eelbode appeals a summary judgment dismissing his medical malpractice complaint against a physical therapist who conducted a preemployment physical. In granting summary judgment, the trial court ruled that there was no physician-patient relationship between Eelbode and the therapist, and, alternatively, Eelbode, by signing a waiver, assumed the risk of injury in the lifting test given during the physical. Additionally, Chec Medical Centers contends that Eelbode failed to set forth by affidavit sufficient facts to support his claim of medical malpractice. We hold that,…