Ex parte Kristopher Vanderwall.Annotate this Case
On November 12, 2009, M.C. had an appointment to for physical therapy at Tallassee Rehabilitation, P.C. She was referred to Tallahassee Rehab by her physician for treatment of back pain. M.C. was seen by Kristopher Vanderwall, a physical therapist, whom she had never met. Vanderwall took her to a room, where he instructed her to put on a gown. M.C. took off her jacket and shirt and put on a gown. She did not take off her underwear or pants. Vanderwall returned to the room, unhooked M.C.'s bra and told her to lie on the table in the room; M.C. did as she was instructed, but, after she was on the table, Vanderwall started to move his hands over her body, removing her bra and the gown. Vanderwall then began to rub M.C.'s breasts, and he removed M.C.'s pants and panties and placed his fingers into her buttocks and genitals. Vanderwall testified that "any and all transactions and interactions" he had with M.C. were "in connection with the rendition of physical therapy services." M.C. filed a complaint against Vanderwall and Tallassee Rehab in which she sought money damages based on a claim of assault and battery against Vanderwall and a claim of negligent or wanton hiring against Tallassee Rehab. Vanderwall resisted certain discovery requests M.C. made in the course of litigation, and she moved for partial summary judgment and to compel discovery. The trial court granted these motions, and Vanderwall appealed. Finding no reversible error, the Supreme Court affirmed the trial court's judgment, dismissed Vanderwall's appeal and denied his petition for a writ of mandamus.