Perez v. Witham

Opinion by

Judge KAPELKE.

In this action to recover damages for alleged negligence and breach of fiduciary duty, plaintiff, Erma Perez, appeals from the judgment of dismissal entered by the trial court in favor of defendants, Sidney Nowick and Empire Health Clinic, Inc. (the clinic). By cross-appeal, Nowick challenged the order denying his motion for sanctions against plaintiff. During the pendency of this appeal, Nowick died. Rebecea Witham, as personal representative of Nowick's estate, has been substituted as a party. We affirm.

Nowick was a licensed physical therapist at the clinic and…