SHUTLER v. AUGUSTA HEALTH CARE FOR WOMEN

Record No. 051852.

630 S.E.2d 313 (2006)

272 Va. 87

Shana J. SHUTLER v. AUGUSTA HEALTH CARE FOR WOMEN, P.L.C.

Supreme Court of Virginia.

June 8, 2006.


Attorney(s) appearing for the Case

Neal S. Johnson (John E. Lichenstein; Lichenstein Fishwick & Johnson, on briefs), Roanoke, for appellant.

Kimberly A. Satterwhite (Elizabeth J. Kershaw; LeClair Ryan, on brief), Richmond, for appellee.

Present: All the Justices.


OPINION BY Justice LAWRENCE L. KOONTZ, JR.

In this appeal, we consider whether the trial court erred in granting an employer's motion for summary judgment in a medical negligence action. Specifically, we consider whether the dismissal "with prejudice" of claims against a physician barred claims against his employer, when the claims were wholly based on the alleged negligence of the physician.

BACKGROUND

The material facts are undisputed. During the...

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