Samara v. MatarAnnotate this Case
Plaintiff filed suit for dental malpractice, alleging Dr. Nahigian had negligently performed oral surgery on her and Dr. Matar, as Dr. Nahigian's principal and employer, was vicariously liable for Dr. Nahigian's negligence. The trial court granted summary judgment for Dr. Nahigian and Dr. Matar. The court affirmed the grant of summary judgment for Dr. Nahigian based solely on the statute of limitations, expressly declining to reach the issue of causation. However, in regard to Dr. Matar, the court agreed with plaintiff that neither claim preclusion or issue preclusion applies in this case. Therefore, the court reversed the grant of summary judgment as to Dr. Matar and remanded for further proceedings.