DeLeon v. Slear

ELDRIDGE, Judge.

In this case we shall hold that the doctrine of res judicata generally applies to bar a plaintiff from suing employees for defamation occurring within the scope of employment, when that plaintiff has already unsuccessfully sued their employer for defamation, and when the alleged defamatory statements in both cases were part of the same transaction or transactions.

I

Dr. Jose deLeon is a surgeon who was employed by St. Joseph’s Hospital in Baltimore, Maryland. Dr. deLeon came to the hospital in July 1980 as a third year resident after failing to be reappointed to residency…