This section contains the nature of the case and procedural background.

P injured his foot at a Sports Authority store. P retained Zahler to represent him. P sued Sports Authority. Over a year later, P was hospitalized and treated by D for deep venous thrombosis in his right leg. In June 2002, Zahler called D, told him that he was representing P in the premises liability case against Sports Authority, and asked D if he could depose him as P's treating physician in that case. D wanted assurance that the action was not a medical malpractice case. D asked Zahler to put that assurance in writing. Zahler did so. D was deposed. On January 8, 2004, using new counsel P filed a medical malpractice suit against D alleging professional negligence. D filed an answer in which he asserted as a defense that P had previously released any malpractice claim he might have and was barred from recovery. D's motion for summary judgment was granted as to P's claim of medical malpractice. P appealed. P argues that Zahler had no authority to release his claim.

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