Verrastro v. Bayhospitalists, LLC
Supreme Court of Delaware
1Opinion of the Court
TRAYNOR, Justice:
Does the dismissal of a medical negligence claim against two physicians on statute-of-limitations grounds bar the prosecution of a timely filed claim based on the same underlying facts against the physicians' employer under the doctrine of respondeat superior ? The Superior Court, relying on our decision in Greco v. University of Delaware , 1 ruled from the bench that the dismissal of the physicians effectively extinguished the claims against the physicians' employer and therefore entered summary judgment in the employer's favor. 2
The Superior Court correctly read Greco , and…
2Cases cited26 opinions
- Appriva Shareholder Litigation Co. v. Ev3, Inc.Supreme Court of Delaware · 2007
- Travelers Indemnity Co. v. LakeSupreme Court of Delaware · 1991
- Simmons v. HimmelreichSupreme Court of the United States · 2016
- LeVan v. Independence Mall, Inc.Supreme Court of Delaware · 2007
- Lomando v. United StatesCourt of Appeals for the Third Circuit · 2011
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