Clawson v. Hts. Chiropractic Physicians, L.L.C.

Citations

• 2020 Ohio 5351

Syllabus

The trial court did not err in dismissing appellant's malpractice complaint against appellee chiropractor individually for failure of service of process. Even if appellant created a presumption of service, appellee chiropractor rebutted it with uncontroverted evidence that service had been completed at a wrong address, signed by a person he did not know. The trial court erred, however, in entering summary judgment for appellee chiropractic office on the basis that it could not be liable where appellant's claim against the employee chiropractor was dismissed. Under the doctrine of respondeat superior, appellant may pursue the undisputed employer of the employee chiropractor even though the employee has been dismissed from the case for lack of service of the complaint. The case law appellee chiropractic office cites to the contrary involves the application of vicarious liability for agency-by-estoppel or other relationships and not traditional employer-employee respondeat superior. Judgment affirmed in part, reversed in part, and remanded.