Liddell v. Slocum-Dickson Medical Group, P. C.

Order unanimously affirmed with costs. Memorandum: Plaintiffs commenced this action to recover damages for injuries allegedly sustained by Sally J. Liddell (plaintiff) as the result of a venipuncture performed by defendant Louanne Apel, a phlebotomist employed by defendant Slocum-Dickson Medical Group, P. C. (Slocum-Dickson). Supreme Court properly granted defendants’ motion for partial summary judgment dismissing the fourth cause of action, alleging that Slocum-Dickson was negligent in hiring and supervising Apel. Because Apel was acting within the scope of her employment when plaintiff was…