Chakalis v. Elevator Solutions, Inc.

Opinion

KITCHING, J.

INTRODUCTION

When a defendant in a personal injury action contends that a nonparty physician’s treatment of the plaintiff caused part or all of the plaintiff’s injuries, can the trier of fact find the physician comparatively at fault without evidence that the physician’s medical malpractice caused the plaintiff’s injuries? We conclude the trier of fact cannot make such a finding. In order to *1561prevail on a defense of comparative negligence by a nonparty physician, the defendant must prove each of the elements of a claim for medical malpractice.

In this case, plaintiff Katerina…