Baer v. Regents of University of California

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 reasons explained below, we hold such a duty does exist. We therefore
reverse the summary judgment granted Defendant Regents of the University of California (Regents) as employer of James Pederson
(Pederson), the physician's assistant who examined Plaintiff's decedent. However, we affirm the summary judgment granted Defendant
Dr. Williams because Plaintiff's cause of action against him is barred by the statute of limitations.