Kristensen-Kepler v. Cooney

Michelle Kristensen-Kepler, as personal representative of the estate of her father, Erik Kristensen, appeals the final summary judgment entered in favor of appel-lee, Northpoint Surgery and Laser Center, in this medical malpractice action. We affirm, holding that Northpoint did not owe a duty to Kristensen with regard to the procedure performed by the physician he selected. Further, we hold that summary judgment was also appropriate on the issue of Northpoint’s apparent agency.

Northpoint is an ambulatory surgical center that provides facilities for out-patient elective surgical care pursuant…