Cohen v. Alliant Enterprises, Inc.

STUMBO, Justice.

The sole issue in this case is whether a principal can be held vicariously liable for the negligence of its agent when the agent has escaped liability by virtue of the statute of limitations. Appellant sustained an injury to his foot and presented for medical treatment at an immediate care center owned by Appellee, Affiant Enterprises, Inc. in May 1996. At the facility, he was treated by a Dr. Ewing. Dr. Ewing, detecting no foreign bodies in the small puncture wound on the bottom of Mr. Cohen’s foot, advised that Mr. Cohen soak his foot in Epsom salts, and seek additional…