Peppmeier v. Murphy

LAVORATO, Chief Justice.

In this medical malpractice case, the determinative issue is whether summary judgment in favor of an agent bars the plaintiffs claim against the principal when the claim is that the principal is liable for the agent’s actions on the basis of respon-deat superior. We hold that it does. In doing so, we affirm that part of the court of appeals decision that affirmed the district court’s grant of summary judgment in favor of the agent. We vacate that part of the court of appeals decision that reversed the district court’s grant of summary judgment in favor of the…