Legal Opinion

Verrastro v. Bayhospitalists, LLC

Supreme Court of Delaware

Decided April 8, 2019No. 233, 2018PublishedCited by 17 opinions

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

  1. Appriva Shareholder Litigation Co. v. Ev3, Inc.Supreme Court of Delaware · 2007
  2. Travelers Indemnity Co. v. LakeSupreme Court of Delaware · 1991
  3. Simmons v. HimmelreichSupreme Court of the United States · 2016
  4. LeVan v. Independence Mall, Inc.Supreme Court of Delaware · 2007
  5. Lomando v. United StatesCourt of Appeals for the Third Circuit · 2011

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3Cited by17 opinions

  1. Cameron v. OslerSouth Dakota Supreme Court · 2019
  2. Amy Krekelberg v. City of MinneapolisCourt of Appeals for the Eighth Circuit · 2021
  3. Moore v. Mt. Carmel Health Sys.Ohio Court of Appeals · 2020
  4. Cale Johnson Construction, Inc. v. Bucher v. JohnsonSuperior Court of Delaware · 2025
  5. Cook, Jr. v. J and V Trucking Company, Inc.Superior Court of Delaware · 2021

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