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PEPPMEIER v. MURPHY

No. 04-0461.

708 N.W.2d 57 (2005)

Gail PEPPMEIER, Appellant, v. Bruce MURPHY, D.O., and Heartland Plastic and Reconstructive Surgery, P.C., Appellees.

Supreme Court of Iowa.

December 30, 2005.

Attorney(s) appearing for the Case

Robert P. Montgomery and Brandon Brown, Des Moines, for appellant.

Chester C. Woodburn, III, of Hansen, McClintock, & Riley, Des Moines, for appellee Heartland Plastic and Reconstructive Surgery, P.C., and Connie Alt and Nancy J. Penner of Shuttleworth & Ingersoll, P.L.C., Cedar Rapids, for appellee Murphy.

LAVORATO, Chief Justice.

In this medical malpractice case, the determinative issue is whether summary judgment in favor of an agent bars the plaintiff's claim against the principal when the claim is that the principal is liable for the agent's actions on the basis of respondeat superior. We hold that it does. In doing so, we affirm that part of the court of appeals decision that affirmed the district court's grant of summary judgment in favor of the agent. We vacate...

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