Menendez v. West Gables Rehabilitation Hospital, LLC

Marie E. Menendez sued West Gables Rehabilitation Hospital, LLC after she was injured while another person received gait training at the Hospital. After the depositions of the witnesses were taken, the Hospital moved for summary judgment. The trial court granted the motion. Menendez appealed. Because Menendez’s theories of liability depend upon the application of the “rescue doctrine,” and the rescue doctrine was not pled or argued to the trial court below, we affirm.

*1179AMENDED COMPLAINT AND PROCEDURAL BACKGROUND

In her amended complaint, Menendez alleged that she was an invitee at the Hospital…