Chakalis

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 *1561 prevail 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 Chakalis sustained personal injuries after the elevator in her apartment building malfunctioned and fell six floors. She filed a complaint for negligence and premises liability against four defendants: (1) Elevator Solutions, Inc. (ESI), the elevator maintenance company that serviced the malfunctioning elevator; (2) Fountain Springs Manor Home Owners Association (Fountain Springs HOA), which owned or controlled the apartment building; (3) Ross Morgan & Company (Ross Morgan), the property manager; and (4) Karim Merat, Ross Morgan’s agent.

The case went to trial and the jury returned a mixed…