Crisham & Kubes successfully defended a nursing home from a claim of vicarious liability for the alleged acts of its medical directors.  Plaintiff, in various amended complaints, sought to hold The Claremont Nursing Center, Inc. vicariously liable for the alleged malpractice of its medical directors in their treatment of the decedent under the theory that the doctors were agents of The Claremont.  The Circuit Court of Cook County repeatedly dismissed plaintiff's vicarious liability claims and ultimately dismissed this count of plaintiff's third amended complaint with prejudice.

On May 9, 2008, the Illinois Appellate Court (First District) affirmed the Circuit Court's grant of The Claremont's motion to dismiss and rejected plaintiff's "veiled attempt . . . to again establish a theory of vicarious liability."  The court held that the agreement between The Claremont and its medical directors explicitly provided that the medical directors were independent contractors and not agents.  To view the unpublished Rule 23 order in Topczewski v. Claremont Nursing Center, Inc., No. 1-06-2157, please click here.