SCHIFFER v. SPEAKER


36 A.D.3d 520 (2007)

828 N.Y.S.2d 363

MARK SCHIFFER, Appellant, v. MARK G. SPEAKER, M.D., et al., Defendants, and TLC THE LASER CENTER (NORTHEAST), INC., Otherwise Known as TLC LASER EYE CENTER, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 23, 2007.


The court properly directed the verdict on the issue of vicarious liability. The issues now raised by plaintiff in this respect are unavailing. The record demonstrates that defendant Dr. Speaker, whom the jury found liable for plaintiff's damages, was solely responsible for determining whether plaintiff was a suitable candidate for the LASIK surgery he performed. Plaintiff has failed to demonstrate that TLC had control over Dr. Speaker's decisions as a surgeon, or that TLC...

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