Laura Sharps applied for a job with Paychex. As part of the application process,

Question

Laura Sharps applied for a job with Paychex. As part of the application process, Sharps was sent to Janet Hanford, a physical therapist at Lifetime Medical Clinic, for a pre-employment physical exam. Before the exam, Sharps signed a document that stated in part, "I hereby release Lifetime and its physicians from all liability arising from any injury resulting from my participation in the exam." During the exam, Hanford asked Sharps to lift an item while bending from the waist using only his back with his knees locked. Sharps experienced immediate sharp and burning pain in her lower back and down the back of his right leg. Sharps filed a suit against Hanford and Lifetime, claiming that she was injured because of an improperly administered back torso strength test. Citing the release that Sharps had signed Hanford and Lifetime filed a motion for summary judgment. Should the court grant the motion? Why or why not?

Explanation / Answer

Since a motion granted to the summary judgment filed by Hanford and lifetime will absolve them of all the irresponsible acts while conducting the physical test; it should not be ideally granted as it will set a precedent for a very sensitive industry the healthcare, which can be misused later as will in other similar trials.

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