Roshown McLeod filed this professional malpractice action against Walter Blase, a certified athletic trainer; both men were employed by the Atlanta Hawks during the relevant period.1 The State Court of Cobb County concluded that, as McLeod’s fellow servant, Blase is entitled under the Workers’ Compensation Act to immunity from McLeod’s tort claim and, accordingly, granted Blase’s motion for summary judgment. The trial court rejected McLeod’s contention that actions for professional malpractice generally are excepted from the exclusive-remedy provision of the Act and held that the exception is applicable only to physician co-employees sued for medical malpractice. McLeod appeals, and, for the reasons that follow, we affirm. In order to prevail on a motion for summary judgment under OCGA § 9-11-56,the moving party must show that there exists no genuine issue of material fact, and that the undisputed facts, viewed in the light most favorable to the nonmoving party, demand judgment as a matter of law. Moreover, on appeal from the denial or grant of summary judgment the appellate court is to conduct a de novo review of the evidence to determine whether there exists a genuine issue of material fact, and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.Citations and punctuation omitted. Benton v. Benton , 280 Ga. 468, 470 629 SE2d 204 2006.
Viewed in the light most favorable to McLeod, the record shows the following undisputed facts. McLeod played basketball for the Atlanta Hawks from 1998 until 2001. McLeod alleges that he was injured in the course of his employment on July 15, 2000, and was subsequently treated by Blase, among others, until the Hawks traded McLeod to another team. During the entire period of treatment, Blase was a certified athletic trainer2 employed by the Hawks in its “sports medicine department.” Blase was not a physician.3 McLeod alleges that Blase negligently treated his injury, and, as a result, McLeod’s otherwise-treatable injury became permanent and he is disabled from playing professional basketball.
