Sanders v. Centurion, L.L.C.

Summary

The Court affirmed dismissal of Sanders’s complaint because his medical-negligence claim against Centurion was not accompanied by an affidavit of merit addressing the alleged negligence of Centurion’s employees. The Court held that a vicarious-liability claim cannot proceed without the required affidavit and that Sanders did not adequately plead a separate negligent-administration claim. The Court also held that Sanders could not assert that alternative theory for the first time in briefing on the motion to dismiss.