Nicole B. Verrastro, as Surviving Daughter of Bridget E. Verrastro and Administratrix of the Estate of Bridget E…

Summary

The court held that an employee's statute-of-limitations dismissal does not automatically bar a timely respondeat superior claim against the employer when the dismissal was based on a defense personal to the employee. The employer may still be required to defend against proof that the employee was negligent, because respondeat superior imputes the employee's culpability rather than the employee's procedural liability. The court reversed the employer's summary judgment and remanded for further proceedings.