Clawson v. Heights Chiropractic Physicians, LLC
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The Supreme Court reversed the judgment of the court of appeals reversing the trial court's summary judgment in favor of Heights Chiropractic Physicians, LLC, for the negligence of its employee, chiropractor Don Bisesi, D.C. even though the trial court had dismissed Plaintiff's direct claim against Dr. Bisesi, holding that Heights Chiropractic could not be held vicariously liable for Dr. Bisesi's alleged negligence.
In a refiled complaint, Plaintiff claimed that Dr. Bisesi acted negligently when he applied excessive pressure to her back, causing her left breast implant to rupture and that Heights Chiropractic was liable for Dr. Bisesi's negligence. The trial court granted Dr. Bisesi's motion to dismiss on the ground that Plaintiff did not validly serve him with her refiled complaint and then granted Heights Chiropractic's motion for summary judgment. The court of appeals reversed. The Supreme Court reversed, holding that Plaintiff failed timely to serve Dr. Bisesi with her refiled complaint, and because her cause of action against Dr. Bisesi had expired, her cause of action against Dr. Bisesi was extinguished by operation of law.
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