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Dave Root and John Bunyan – Court of Appeals Affirms Summary Judgment for Physician Group on Negligent Hiring, Retention, and Supervision Claims

July 31, 2015

Dave Root and John Bunyan won affirmance of summary judgment for a multi-state physician group on claims of negligent hiring, retention, and supervision of a surgeon. The plaintiff surgical technician alleged the surgeon sexually harassed her in the workplace and caused her to be transferred to another shift with reduced hours and pay after she reported him. The Court of Appeals affirmed summary judgment for the physician group, concluding there was no evidence that it knew or should have known of the surgeon’s propensity to engage in unprofessional or sexual conduct and that it did not learn of the surgeon’s alleged conduct until the plaintiff filed suit. The Court of Appeals further noted that the physician group did a thorough background check of the surgeon before hiring him, which did not reveal any history of improper conduct or sexual harassment.


For informational purposes only. Past success does not indicate the likelihood of success in future cases.