Women First OB/GYN Associates, L.L.C. v. Harris

The primary question in this case is whether the voluntary dismissal with prejudice of a tort claim against an employee for no consideration and in the absence of a release bars the prosecution of the same claim against the employer based solely on vicarious liability. We hold that it does not.

FACTS AND PROCEEDINGS

In the Circuit Court for Montgomery County, Yolanda Harris, the appellee, filed a one-count complaint for medical negligence against Women First OB/GYN Associates, LLC (“Women First”), the appellant, and LaKeiseha McMillan, M.D., an obstetrician-gynecologist (“OB-GYN”) employed by…