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Perkins v. Greenberg9/26/1991
erstand that plaintiff's assertion of liability against defendant is based upon any claim that the functional capacity examination was negligently administered at the other facility. Rather, it is her claim that, because of the nature of the physical movements required by this examination, it was reasonably foreseeable that that examination could cause her further injury, even if it were administered with the highest degree of care. Her stated claim, therefore, is based upon defendant's active negligence in directing plaintiff to undergo such an examination. And, if it was the nature of the examination itself, and not its negligent administration, that led to her injuries, the identity of the person actually administering this test and that person's relationship to defendant are irrelevant.
We conclude, therefore, that plaintiff owed to defendant a duty to exercise due care, both in examining her personally and in directing that she undergo further testing as a part of defendant's examination regimen. We also conclude that the present record would not support the conclusion, as a matter of law, that defendant did not violate this duty. Hence, this latter issue must be presented to a jury for resolution, and the trial court erred in entering summary judgment for defendant.
The judgment is reversed, and the cause is remanded to the trial court for further proceedings consistent with the views expressed herein.
Disposition
JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS
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