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State court of last resort · ST-VA-SC
Shutler v. Augusta Health Care for Women
No. 051852Supreme Court of Virginia
051852 Shutler v. Augusta Health Care for Women 06/08/2006 In a patient's medical negligence suit against a physician and his employer based on vicarious liability, the trial court erred in granting the employ…
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051852 Shutler v. Augusta Health Care for Women 06/08/2006 In a patient's medical negligence suit against a physician and his emp…
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- June 8, 2006
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051852 Shutler v. Augusta Health Care for Women 06/08/2006 In a patient's medical negligence suit against a physician and his employer based on vicarious liability, the trial court erred in granting the employer's motion for summary judgment. Dismissal of claims against the physician with prejudice did not amount to an adjudication on the merits in the physician's favor and, therefore, did not operate to exonerate the employer as a matter of law, where the plain language of the dismissal order permitted the patient's vicarious liability claims to proceed against the employer. The trial court's judgment is reversed and the case is remanded for further proceedings.
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· Supreme Court of Virginia
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The court's record, as written
051852 Shutler v. Augusta Health Care for Women 06/08/2006 In a patient's medical negligence suit against a physician and his employer based on vicarious liability, the trial court erred in granting the employer's motion for summary judgment. Dismissal of claims against the physician with prejudice did not amount to an adjudication on the merits in the physician's favor and, therefore, did not operate to exonerate the employer as a matter of law, where the plain language of the dismissal order permitted the patient's vicarious liability claims to proceed against the employer. The trial court's judgment is reversed and the case is remanded for further proceedings.
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