Poss v. Department of Human Resources

Although I agree with Division 1 of the opinion, I respectfully dissent from Divisions 2 through 6 because the issue on which the opinion is based was never argued by the parties. The majority concludes that because the complaint’s allegations against the hospital were not based solely upon allegations of respondeat superior, summary judgment as to those claims which were independent of Dr. *896Azar was improper, since the sovereign immunity bar did not apply. Regardless of whether I agree in theory with this statement of law, the present facts do not warrant this conclusion.

Plaintiffs’ complaint…