KRISTENSEN-KEPLER v. COONEY

No. 4D08-3962.

39 So.3d 518 (2010)

Michelle KRISTENSEN-KEPLER, as Personal Representative of the Estate of Erik N. Kristensen, deceased, Appellant, v. John F. COONEY, M.D., Kevin Chaitoff, M.D., Anesthesia & Pain Medicine, P.A., d/b/a Pain Medicine Physicians, d/b/a St. Mary's Anesthesia Associates, West Palm Outpatient Surgery & Laser Center, Ltd., d/b/a Northpoint Surgery & Laser Center, Erik W. Stromeyer, M.D., Marc Engel, M.D., The Imaging Center of West Palm Beach, LLC., and MRI Professors, PL, Appellees.

District Court of Appeal of Florida, Fourth District.

July 7, 2010.


Attorney(s) appearing for the Case

Warren B. Kwavnick of Cooney Trybus Kwavnick Peets, Fort Lauderdale, and Michael C. Mattson of Boyd, Richards, Parker, Colonnelli, P.L., Fort Lauderdale, for appellant.

Matthew J. Conigliaro and Annette Marie Lang of Carlton Fields, P.A., St. Petersburg, for appellee Northpoint Surgery & Laser Center.


PER CURIAM.

Michelle Kristensen-Kepler, as personal representative of the estate of her father, Erik Kristensen, appeals the final summary judgment entered in favor of appellee, 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...

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