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BAER v. REGENTS OF UNIVERSITY OF CAL.

No. 14774.

884 P.2d 841 (1994)

118 N.M. 685

Jo BAER, Personal Representative of the Estate of Helmut W. Baer, Deceased, Plaintiff-Appellant, v. REGENTS OF the UNIVERSITY OF CALIFORNIA and Jerry Williams, M.D., Defendants-Appellees.

Court of Appeals of New Mexico.

September 8, 1994.

Attorney(s) appearing for the Case

Ray Tabet, Ray Tabet Law Offices, Albuquerque, for plaintiff-appellant.

Bradford C. Berge, David B. Lawrenz, Campbell, Carr, Berge & Sheridan, P.A., Santa Fe, for defendants-appellees.

OPINION

ALARID, Judge.

This appeal concerns a claim for wrongful death as a result of medical malpractice. The district court granted summary judgment in favor of Defendants, and Plaintiff appeals. The dispositive issue is whether a legally recognizable duty exists between a health care provider and an examinee in situations in which employees are required to undergo physical examinations as a condition of obtaining or retaining employment. For the...

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