Goldstein, Garber & Salama, LLC v. J.B.
Georgia Supreme Court
797 S.E.2d 87 (2017)
- Written by Jamie Milne, JD
Facts
Anesthetist Paul Serdula worked for the dental practice of Goldstein, Garber & Salama (GGS) (defendant) as an independent contractor. He was hired through a staffing agency that had an independent credentialing process. J.B. (plaintiff) went to GGS for an outpatient procedure, and Serdula administered the anesthesia. At some point while J.B. was sedated, Serdula was alone with J.B. and took three videos of himself sexually molesting her. When the videos were later discovered, along with similar videos with other patients, J.B. filed a negligence suit against GGS and Serdula. She dropped the claims against Serdula after he pled guilty to criminal charges and went to prison, but J.B. persisted with her claim against GGS. Among other things, she argued that GGS was liable on a negligence per se theory because the dentists at GGS did not have the permits required by statute to administer or oversee the administration of anesthesia during dental procedures. The trial-court jury held in J.B.’s favor on the negligence per se claim, and the court of appeals affirmed. GGS appealed to the Georgia Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Hines, C.J.)
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