Legal Decisions of Note – Week of Nov. 9, 2022

These are recent case decisions regarding medical malpractice that we think are interesting. Thefirm ofSholes & Miller is not involved in these matters.

Wijesinghe v Buena Vida Corp., 2022 NY Slip Op (Supreme Court of the State of New York: Appellate Division, Second Dept.November 9, 2022):  The Second Department noted that the granting of summary judgment to the active tortfeasor, required dismissal of claims of vicarious liability against the employer. “A claim of vicarious liability cannot stand when “there is no primary liability upon which such a claim of vicarious liability might rest”. Dismissal of the direct claim of medical malpractice mandates dismissal of the derivative cause of action (”

Submitted by Ellen A. Fischer, Sholes & Miller, PLLC

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