Goldstein, Garber & Salama, LLC v. J.B.

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Plaintiff-appellee J.B. was injured when certified registered nurse anesthetist (“CRNA”) Paul Serdula sexually assaulted her in a surgical suite in the dental practice of defendant-appellant Goldstein, Garber & Salama, LLC ("GGS"). The Georgia Supreme Court granted certiorari to the Court of Appeals in this matter to determine whether the Court of Appeals erred in concluding that a reasonable jury could find that a third party’s sexual molestation of J.B. was an act foreseeable by GGS, whether that Court erred in affirming the trial court’s denial of GGS’s motion for a directed verdict on the issue of negligence per se, and whether GGS waived any objection to the jury verdict’s apportionment of fault. Finding the trial court should have granted GGS’s motion for directed verdict with respect to the foreseeability of Serdula's actions, it was error for the Court of Appeals to hold otherwise, the Supreme Court reversed the appellate court's judgment. Furthermore, the Court determined the appellate court erred with respect to the directed verdict on the issue of negligence per se. The Court did not reach the issue of whether GGS waived any objection to the jury's apportionment of fault. The case was remanded for further proceedings. View "Goldstein, Garber & Salama, LLC v. J.B." on Justia Law