Burton v. Chen
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The Supreme Court affirmed the judgment for Defendants on Plaintiffs' respondeat superior-related claims, holding that the district court correctly held that respondeat superior principles did not make the remaining defendants in this case vicariously responsible for the abuse committed by a physician assistant and that the Utah Physician Assistant Act did not change that conclusion.
Plaintiff brought an action against Alta Pain Physicians; Oscar Johnson, a physician assistant; and Dr. Michael Chen, Johnson's supervising physician, alleging that Johnson subjected her to sexual harassment and abuse when she saw him for pain treatment at Alta Pain. After Plaintiff settled her claims against Johnson the district court granted the motion for summary judgment filed by Chen and Alta Pain on Plaintiff's claims of sexual assault, sexual battery, and intentional infliction of emotional distress. The Supreme Court affirmed, holding (1) the district court did not err in entering summary judgment on Plaintiff's respondeat superior-based claims; and (2) Plaintiff did not met her burden of convincing the Court to overturn precedent and use a foreseeability test for plaintiffs to recover against employers of abusive employees.
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