Kopp v. Physician Grp. of Ariz., Inc.

421 P.3d 149
CourtArizona Supreme Court
DecidedJuly 9, 2018
DocketNo. CV-17-0222-PR
StatusPublished
Cited by8 cases

This text of 421 P.3d 149 (Kopp v. Physician Grp. of Ariz., Inc.) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kopp v. Physician Grp. of Ariz., Inc., 421 P.3d 149 (Ark. 2018).

Opinion

CHIEF JUSTICE BALES, opinion of the Court:

*150¶1 Nearly seventy-five years ago, we held in DeGraff v. Smith that a dismissal with prejudice is a judgment on the merits that carries preclusive effect. 62 Ariz. 261, 269-70, 157 P.2d 342 (1945). We today hold that a stipulated dismissal with prejudice of an agent-surgeon does not preclude a party from asserting a claim against the surgeon's principal for its own independent negligence. This is true even when the independent negligence claim requires proof of the surgeon's negligence. This conclusion comports with our more recent holding in Chaney Building Co. v. City of Tucson that a stipulated dismissal does not trigger issue preclusion because only issues that have been "actually litigated" may be precluded. 148 Ariz. 571, 573, 716 P.2d 28, 30 (1986). Thus, we disavow our holding in DeGraff insofar as that case and its progeny conclude that a stipulated dismissal with prejudice "operate[s] as an adjudication that [the dismissed party] was not negligent in the treatment of [the] plaintiff." Torres v. Kennecott Copper Corp. , 15 Ariz. App. 272, 274, 488 P.2d 477 (1971).

I.

¶2 Thomas Kopp, Melissa Ornelas, and Maria Judith Gonzalez (collectively, "Plaintiffs") underwent bariatric surgery performed by Dr. Eric Schlesinger, M.D., at Tempe St. Luke's Hospital. After experiencing post-operative complications, Plaintiffs filed medical malpractice actions against Physician Group of Arizona, IASIS Healthcare Corp., IASIS Healthcare Holdings, Inc., IASIS Finance, Inc., and St. Luke's Medical Center (collectively, the "Hospital") and Dr. Schlesinger. Plaintiffs' cases were later consolidated for discovery. Plaintiffs alleged Dr. Schlesinger was negligent in his surgical care and the Hospital was both vicariously liable for the doctor's negligence and independently negligent in the administration of its bariatric surgery program, including its hiring, selection, and credentialing.

¶3 Plaintiffs entered into a settlement agreement with Dr. Schlesinger, which required Plaintiffs to "dismiss with prejudice the pending claims against" him and further "preclude[d] the [Plaintiffs] from pursuing claims against the [H]ospital ... based on a theory of vicarious liability or respondeat superior," although Plaintiffs could bring "independent claims" against the Hospital. Additionally, the agreement stated that "no past or present wrongdoing on the part of [Dr. Schlesinger] is implied or should be inferred" from the settlement agreement. Pursuant to the agreement, Plaintiffs dismissed with prejudice all claims against Dr. Schlesinger and "any claims against any co-defendants for vicarious liability," but in their stipulation specifically reserved independent claims against the Hospital.

¶4 The Hospital moved to dismiss most of the remaining claims, arguing they were derivative of Dr. Schlesinger's negligence. The *151trial court agreed and dismissed with prejudice Plaintiffs' negligent credentialing, hiring, and supervision claims, although it noted that "[a]ny independent negligence claims alleged against [the Hospital] survive the settlement with Dr. Schlesinger."

¶5 Affirming, the court of appeals stated that "[p]ursuant to both the plain terms of the settlement agreement and Torres , the dismissal of Plaintiffs' negligence claims against Dr. Schlesinger preclude[s] Plaintiffs from litigating [the Hospital's] alleged liability as vicariously derived from any alleged negligence of Dr. Schlesinger." Kopp v. Physician Grp. of Ariz. , 2017 WL 2470826, at *3 ¶ 14 (Ariz. App. June 8, 2017) (mem. decision).

¶6 We granted review because this case presents recurring issues of statewide importance. We have jurisdiction under article 6, section 5(3) of the Arizona Constitution and A.R.S. § 12-120.24.

II.

¶7 This case presents solely issues of law, which we review de novo. See Frank R. v. Mother Goose Adoptions , 243 Ariz. 111, 114-15 ¶ 17, 402 P.3d 996, 999-1000 (2017) ("Questions of law and statutory interpretation are reviewed de novo.").

A.

¶8 We first consider whether Plaintiffs' negligence claims against the Hospital are properly characterized as vicarious or independent. Because "the surgery is a necessary component of any of Plaintiffs' theories" of liability, the Hospital seeks to characterize Plaintiffs' claims as "derivative" and thus based on vicarious liability. Consequently, the Hospital argues that Plaintiffs' claims were properly dismissed because "[i]n cases of derivative liability, a judgment or dismissal in favor of the servant relieves the master of liability." Chaney Bldg. Co. , 148 Ariz. at 574, 716 P.2d at 31 ; see also DeGraff , 62 Ariz. at 266, 157 P.2d 342 ("[A] verdict in favor of the servant and holding the master guilty of negligence relieves not only the servant but the master from liability."). We disagree.

¶9 Under the doctrine of respondeat superior, an employer is vicariously liable for "the negligent work-related actions of its employees." Engler v. Gulf Interstate Eng'g, Inc. , 230 Ariz. 55, 57 ¶ 9, 280 P.3d 599, 601 (2012).

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421 P.3d 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kopp-v-physician-grp-of-ariz-inc-ariz-2018.