Legal Opinion

Giudicessi v. State

Court of Appeals of Iowa

Decided January 14, 2015No. 13-2041Published

1Opinion of the CourtBower, J.

The State of Iowa appeals the court’s denial of its motion for summary judgment finding material issues exist concerning the liability of the State, under the doctrine of respondeat superior, for the sexual relationship between University of Iowa psychiatrist Dr. Sergio Paradiso and his former patient Sonni Giudicessi. Limiting our inquiry on the intent of Paradiso, we find Paradiso’s acts were “so far removed” from the scope of his employment the State cannot be held liable. We find the district court erred in finding the existence of a general issue of material fact. We reverse and remand.

I.…

2Cases cited21 opinions

  1. Buck v. Blum, Texas Court of Appeals, 14th District (Houston)2004
  2. Birkner v. Salt Lake CountyUtah Supreme Court · 1989
  3. Godar v. EdwardsSupreme Court of Iowa · 1999
  4. Bodin v. United StatesCourt of Appeals for the Fifth Circuit · 2006
  5. Sandra B. Andrews and Kenneth M. Andrews v. United StatesCourt of Appeals for the Fourth Circuit · 1984

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