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WOMEN FIRST OB/GYN v. HARRIS

No. 00315, Sept. Term, 2016.

161 A.3d 28 (2017)

232 Md.App. 647

WOMEN FIRST OB/GYN ASSOCIATES, L.L.C. v. Yolanda HARRIS.

Court of Special Appeals of Maryland.

May 31, 2017.

Attorney(s) appearing for the Case

Argued by: Larry D. McAfee ( Andrew R. Booth , Gleason, Flynn, Emig & Fogelman, Chartered, on the brief), Rockville, MD, for Appellant.

Argued by: Joseph M. Creed ( Burt M. Kahn , Steven B. Vinick , Joseph, Greenwald & Laake, PA, on the brief), Greenbelt, MD, for Appellee.

Panel: Deborah S. Eyler, Reed, Charles E. Moylan, Jr. (Senior Judge, Specially Assigned), JJ.

The primary question in this case is whether the voluntary dismissal with prejudice of a tort claim against an employee for no consideration and in the absence of a release bars the prosecution of the same claim against the employer based solely on vicarious liability. We hold that it does not.

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