Wood v. Virgo

WALLACE, Judge,

Specially concurring.

I concur fully in the court’s opinion. I write separately to address a statement made by the circuit judge at the hearing on the motion for summary judgment. After correctly noting that genuine issues of material fact precluded the entry of summary judgment in favor of Mr. Wood on the presuit notice issue, the circuit judge remarked: “I think the specific relationship between [Steve Blicblum, M.D., P.A., and Mr. Wood] at all times in question is still up for the jury to decide.” (Emphasis added.) This statement has understandably caused Mr. Wood some…