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Goldstein, Garber Salama LLC v. J. B.

The trial court did not err in denying the defendant dental practice's motion for directed verdict in the plaintiff's suit alleging that the defendant's negligence resulted in a certified registered nurse anesthetist sexually assaulting her while she was under anesthesia at the defendant's office.

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A jury found Goldstein, Garber Salama, LLC GGS, a dental practice, liable to J. B. on the theory that GGS’s negligence resulted in her being sexually assaulted by Certified Registered Nurse Anesthetist Paul Serdula while she was under anesthesia at GGS’s office, and the trial court entered judgment on that verdict. On appeal, GGS contends 1 that the trial court erred in denying its motion for directed verdict because J. B. did not establish that GGS was liable under either a theory of negligence per se or professional negligence; 2 that the trial court erred in making numerous evidentiary rulings; and 3 that the jury’s assignment of no fault to Serdula on the verdict form requires a new trial. We find, however, that the trial court did not err either in allowing the jury to decide the issue of GGS’s liability or in her evidentiary rulings, and that GGS has waived its challenge to the jury’s verdict. Accordingly, we affirm.

1. Facts.

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