MOODK Attorneys Fabio Sciarrino, Esquire and Michael Joyce, Esquire obtained summary judgment and complete dismissal of all claims against MOODK’s client in Berks County, PA. Plaintiff alleged that during a surgery to remove a pelvic mass the Co-Defendant surgeon negligently performed the procedure which resulted in Plaintiff suffering a perforated bowel and subsequent surgery to repair the perforated bowel 3 days later. While the surgery was performed at MOODK’s client’s facility, the Co-Defendant surgeon was not an employed by MOODK’s client and was an independent contractor. Plaintiff produced an expert report which did not allege any negligence on the part of MOODK’s client directly. The MOODK attorneys moved for summary judgment arguing that Plaintiff had failed to produce direct evidence of negligence on the part of MOOD’s client and that the client could not be held vicariously liable for the surgeon’s alleged negligence as the surgeon was an independent contractor and there was no evidence that he ever held himself out as an employee of MOODK’s client to the Plaintiff. Following briefing and oral argument on the issue, the Court agreed and dismissed all claims against MOODK’s client while allowing the claims against the Co-Defendant surgeon to proceed.
