California Court of Appeal

In a suit for dental malpractice, alleging a dentist had negligently performed oral surgery on plaintiff and the dentist's principal and employer, was vicariously liable for the dentist's negligence, the trial court's grant of summary judgment to the employer, after finding in favor of dentist, concluding plaintiff's claim for vicarious liability was barred under the doctrine of claim preclusion--a ground not raised in employer's motion--and plaintiff could not show employer independently caused her any injury, is reversed where neither claim preclusion nor issue preclusion applies in this case.

Appellate Information

• Published 2017/02/14

Judges

• PERLUSS

Court

• California Court of Appeal

Counsel