DELEON v. SLEAR

No. 122, September Term, 1990.

328 Md. 569 (1992)

616 A.2d 380

JOSE S. DELEON ET UX. v. ELAINE SLEAR ET AL.

Court of Appeals of Maryland.

December 10, 1992.


Attorney(s) appearing for the Case

Howard J. Schulman, Baltimore, for petitioners/cross-respondents.

Catherine A. Potthast (John G. Prendergast, Jr., Smith Somerville & Case, all on brief), Baltimore, for respondents/cross-petitioners.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW and KARWACKI, JJ.


ELDRIDGE, Judge.

In this case we shall hold that the doctrine of res judicata generally applies to bar a plaintiff from suing employees for defamation occurring within the scope of employment, when that plaintiff has already unsuccessfully sued their employer for defamation, and when the alleged defamatory statements in both cases were part of the same transaction or transactions.

I.

Dr. Jose deLeon is a surgeon who was employed by St. Joseph's Hospital...

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