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Keywords

contractplaintiffdefendantdamagesnegligenceliabilityappealtrialverdictmotion
appealtrialverdictmotionmotion for directed verdict

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Goldstein, Garber & Salama, LLC v. J.B., 300 Ga. 840, 797 S.E.2d 87

Facts

The plaintiff, J.B., was sexually assaulted by certified registered nurse anesthetist Paul Serdula during an outpatient dental procedure at the dental practice of Goldstein, Garber & Salama, LLC (GGS). Serdula, hired as an independent contractor, administered anesthesia to J.B. and left her alone during the procedure, during which he recorded himself molesting her. GGS had no prior knowledge of any misconduct by Serdula, and the assault was discovered only after Serdula's hidden cell phone was found recording employees in the office restroom. J.B. initially filed suit against both GGS and Serdula but later withdrew her claims against Serdula after he was convicted of multiple sexual assault charges.

Prior to the crimes committed by Serdula against J.B., GGS had no knowledge of anything in Serdula's record that indicated he might sexually molest or otherwise harm a patient.

Issue

Did the Court of Appeals err in concluding that a reasonable jury could find that the sexual molestation of J.B. was foreseeable by Goldstein, Garber & Salama, LLC, and did it err in affirming the trial court's denial of GGS's motion for a directed verdict on the issue of negligence per se?

The Court of Appeals found that there was evidence from which the jury could find that GGS breached its duties to follow professional standards regarding the extent to which J.B. was anesthetized, and to which Serdula was supervised.

Rule

To recover for injuries caused by another's negligence, a plaintiff must show four elements: a duty, a breach of that duty, causation, and damages. An intervening and independent wrongful act of a third person producing the injury should be treated as the proximate cause, insulating the negligence of the defendant unless the defendant had reasonable grounds for apprehending that such wrongful act would be committed.

Thus, in order to recover for any injuries resulting from the breach of a duty, there must be evidence that the injuries were proximately caused by the breach of the duty.

Analysis

The court determined that Serdula's criminal acts were unforeseeable to GGS, as there was no evidence that GGS knew of any prior assaults by Serdula. The court emphasized that while the dental community is aware that sexual assaults of anesthetized patients can occur, this awareness alone does not establish liability. The court concluded that the evidence did not support a finding that Serdula's actions were the probable or natural consequences of any breach of duty by GGS, thus breaking the causal chain between GGS's conduct and J.B.'s injuries.

The evidence here simply does not show that Serdula's acts can be so considered.

Conclusion

The Supreme Court of Georgia reversed the judgment of the Court of Appeals, holding that GGS was not liable for the assault as it could not have reasonably foreseen the intervening criminal acts of Serdula.

Accordingly, the trial court should have granted GGS's motion for directed verdict, it was error for the Court of Appeals to hold otherwise, and its judgment must be reversed.

Who won?

Goldstein, Garber & Salama, LLC prevailed in the case because the Supreme Court found that the sexual assault was not foreseeable and that the dental practice did not breach any duty that would make it liable for the actions of the nurse anesthetist.

Finding that the opinion of the Court of Appeals was erroneous, we reverse its judgment.

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