Maloney v. Valley Medical Facilities, Inc.

Max Maloney (plaintiff) sued Dr. Prendergast, Dr. Brennan, and institutional defendants for medical malpractice and vicarious liability over an alleged failure to timely diagnose his wife's osteosarcoma; he settled with Brennan before trial, and that settlement released Brennan and the institutional defendants, including Prendergast's employers, while expressly reserving rights against Prendergast himself. Prendergast and his employers moved for summary judgment, arguing that under the traditional common-law release rule, settling with Prendergast's employers (the principals) also released Prendergast (the agent); the trial court agreed, but the court of appeals reversed, and Prendergast appealed.